(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Political Science Of The State"

-~,                                POLITICAL SCIENCE.
the law, the enforcing officer would be exposed to the prose-
cution of the injured party before the courts. Thus a power
in the state which is without physical might watches over the
instrument in which the principles of stability are incorpo-
rated, and watches effectually, until government and people
desire to have a change in the constitution.
5. The judiciary has no law-making power, and yet in some
countries by their decisions in new cases, they can apply old
principles to the changing relations of society ; and, in fact,
can often render new law unnecessary.    If man had an abso-
lutely fixed physical system there would be little progress in
the science of medicine.    So, if society met with no changes,
if all relations were as fixed as they might be in the patri-
archal life of a tribe removed from all other tribes, there
would be no need of new legislation.    But the thousand
changes arising from intercourse with foreigners, inventions,
different distribution of property,  new ways of conducting
business, and the like, call up questions to which the existing
laws do not apply.    What is now to be done ?    If the law-
making power undertakes to reach the new conditions of
things by law, this must be a groping process, the law must
be made before the case is understood, and will, it is proba-
ble, work badly.    It must be tinkered over and over until it
^
meets the new circumstances and difficulties—not to say that
i
in this way the first evils or disputes arising out of the new
state of things must be unprovided for. But what law cannot
do, the courts can do from the very first. For as rights are
fixed in their general form, there will generally be some time-
ripened principle applicable to the new emergency of justice.
A precedent can be found, approving itself to the reason of
judges and of lawyers, by which the domain of existing law
is extended so as to protect these new growths that demand
protection. In this way a stability is given to the new con-
ditions of human life and work.. Then if, after trial of the
precedent established by the courts, new legislation, addi-
tional or adverse, is needed, it can come in so much the more
safely and wisely. Roman law could never have grown into
•i