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Updated: June 6, 2025
The 'lawgivers of the world, who developed constitution and code to a systematised whole such as antiquity had not dreamed of before, imported, we may say if we like, their legal notions into the sphere of religion: but we must not forget the other side of the question.
He, therefore, destroyed himself by abstaining from food, persuaded that the very death of lawgivers should have its use, and their exit, so far from being insignificant, have its share of virtue, and be considered as a great action.
The countess paused, and turned her beautiful eyes appealingly to Ishmael, saying: "When you shall become one of the lawgivers of your native country, young gentleman, I hope that the crime of slander will be made a felony, indictable before your criminal courts." "If I had the remodeling of the laws," said Ishmael earnestly, "slander should be made felonious and punishable as theft is."
Connected with the Statutes of Labourers, are those bloody vagrant laws, in which whipping, branding, hanging are ordained as the punishment of vagrancy by lawgivers, many of whom were themselves among the idlest and most noxious vagabonds in the country, and the authors of senseless wars which generated a mass of vagrancy, by filling the country with disbanded soldiers.
Almost all our lawgivers come up from little parishes where they studied human nature through the medium of the newspapers; forthwith they shut down the safety-valve, and when the machinery blows up there is weeping and gnashing of teeth! We do nothing nowadays but pass penal laws and levy taxes. Will you have the sum of it all! There is no religion left in the State!"
Such proceedings must have been common enough in those days when witchcraft and demonology were elements with which rulers and lawgivers had to count at every turn.
The analogy with sleep does not here seem altogether satisfactory; for in ordinary sleep, or even somnambulism, we are not in active relations with our fellow-beings, and consequently our lawgivers have not devised a code to control our doings while in that state.
Before the existence of constitutions, when as yet the notions of law and right were undeveloped, the sovereigns were their own lawgivers, in a world which as yet was dependent on them; and the fullest scope was thus given to the energetic will, either for good or for evil.
The conservative objector is, first, apt to object before fully examining what he dissents from, and, secondly, prone to have in mind ideal conditions with which to compare the new methods commended to him. In the matter of legislation, he dreams of a body of high-minded lawgivers, just, wise, unselfish, and not of legislators as they commonly are.
It has not unfrequently happened that lawgivers, with undue estimation of the value of the law they give or in the view of imparting to it peculiar strength, make it perpetual in terms; but they can not thus bind the conscience, the judgment, and the will of those who may succeed them, invested with similar responsibilities and clothed with equal authority.
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