Originally Posted by
jbnevin
I'm curious as to your reviews of some of the existing definitions. What makes them idiotic?
Consider Bouvier's, considered generally as THE definitive resource:
LAW. In its most general and comprehensive sense, law signifies a rule of action; and this term is applied indiscriminately to all kinds of action; whether animate or inanimate, rational or irrational. 1 Bl. Com. 38. In its more confined sense, law denotes the rule, not of actions in general, but of human action or conduct. In the civil code of Louisiana, art. 1, it is defined to be "a solemn expression of the legislative will." Vide Toull. Dr. Civ. Fr. tit. prel. s. 1, n. 4; 1 Bouv. Inst. n. 1-3.
2. Law is generally divided into four principle classes, namely; Natural law, the law of nations, public law, and private or civil law. When considered in relation to its origin, it is statute law or common law. When examined as to its different systems it is divided into civil law, common law, canon law. When applied to objects, it is civil, criminal, or penal. It is also divided into natural law and positive law. Into written law, lex scripta; and unwritten law, lex non scripta. Into law merchant, martial law, municipal law, and foreign law. When considered as to their duration, laws are immutable and arbitrary or positive; when as their effect, they are prospective and retrospective.
This does not so much as rise to absurdity. It basically says that Law is whatever a legislator says it is. Don't like black people or Jews? Legislate them into prison, death camps, back to Africa, Mars, etc. The list of possibilities along that line is nearly endless.
Let us see how they treat "common law":
LAW, COMMON. The common law is that which derives its force and authority from the universal consent and immemorial practice of the people. It has never received the sanction of the legislature, by an express act, which is the criterion by which it is distinguished from the statute law. It has never been reduced to writing; by this expression, however, it is not meant that all those laws are at present merely oral, or communicated from former ages to the present solely by word of mouth, but that the evidence of our common law is contained in our books of Reports, and depends on the general practice and judicial adjudications of our courts.
2. The common law is derived from two sources, the common law of England, and the practice and decision of our own courts. In some states the English common law has been adopted by statute. There is no general rule to ascertain what part of the English common law is valid and binding. To run the line of distinction, is a subject of embarrassment to courts, and the want of it a great perplexity to the student. Kirb. Rep. Pref. It may, however, be observed generally, that it is binding where it has not been superseded by the constitution of the United States, or of the several states, or by their legislative enactments, or varied by custom, and where it is founded in reason and consonant to the genius and manners of the people.
3. The phrase "common law" occurs in the seventh article of the amendments of the constitution of the United States. "In suits at common law, where the value in controversy shall not exceed twenty dollar says that article, "the right of trial by jury shall be preserved. The "common law" here mentioned is the common law of England, and not of any particular state. 1 Gallis. 20; 1 Bald. 558; 3 Wheat. 223; 3 Pet. R. 446; 1 Bald. R. 554. The term is used in contradistinction to equity, admiralty, and maritime law. 3 Pet. 446; 1 Bald. 554.
4. The common law of England is not in all respects to be taken as that of the United States, or of the several states; its general principles are adopted only so far as they are applicable to our situation. 2 Pet, 144; 8 Pet. 659; 9 Cranch, 333; 9 S. & R. 330; 1 Blackf 66, 82, 206; Kirby, 117; 5 Har. & John. 356; 2 Aik. 187; Charlt. 172; 1 Ham. 243. See 5 Cow. 628; 5 Pet. 241; 1 Dall. 67; 1 Mass. 61; 9 Pick. 532; 3 Greenl. 162; 6 Greenl. 55; 3 Gill & John. 62; Sampson's Discourse before the Historical Society of New York; 1 Gallis. R. 489; 3 Conn. R. 114; 2 Dall. 2, 297, 384; 7 Cranch, R. 32; 1 Wheat. R. 415; 3 Wheat. 223; 1 Blackf. R. 205; 8 Pet. R. 658; 5 Cowen, R. 628; 2 Stew. R. 362.
As you can see, even Bouvier's acknowledges the absurd circumstance. Now consider "criminal law":
LAW, CRIMINAL. By criminal law is understood that system of laws which provides for the mode of trial of persons charged with criminal offences, defines crimes, and provides for their punishments.
Yet another all-but-useless definition that talks much, yet says next to nothing.
In case you are thinking that Bouvier's may be an outlier, allow me to put that to rest. To wit, Black's:
Law. That which is ordained, laid down, or established. A rule or method according to which phenomena or actions co-exist or follow each other. Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force.
...
The word may mean or embrace: body of principles, standards and rules promulgated by government...
Once again, the definitions are vague on a matter of the utmost and central importance to every human being walking planet earth. Reference to "body of principles" is the only possible ray of light there, yet it is extinguished with "promulgated by government". Forgetting that "government" is a non-entity, save in the minds of people, the principles of Law have nothing to do with "government", but arise as part and parcel of the nature of things.
They refer to "absolute law". Lets us see what it says.
Absolute law. The true and proper law of nature, immutable in the abstract or in principle, in theory, but not in application; for very often the object, the reason, situation, and other circumstances may vary its exercise and obligation.
From the one side of their mouths they acknowledge, however superficially, the fundamental nature of absolute law, while from the other side they disparage and discount it via blind and unsupported assertion. Once again, the lexicographer fails most spectacularly with all manner of wild pyrotechnics.
And for the sake of establishing a pattern, let us turn to Ballentine's:
law. The whole body of rules of conduct applied and enforced under the authority of established government in determining that which is proper and should be permitted and that which should be denied, or even penalized, in respect of the relation between a person and the state, between him and society, or between him and another individual, including a provision of a constitution, a legislative enactment or statute, a municipal ordinance, a principle declared in an authoritative decision of a court, a rule of practice prescribed by a legislature or promulgated by a court acting with authority, even, to some extent, a usage or custom.
To all this, and several more that I have uncovered, I can only say "UGH"... and that's my most generous response, rendered on my best day.
These definitions don't even rate as pathetic, but I would call them eminently dangerous. We are talking about issues that revolve around the potential destruction of the lives of innocent and properly free men. Given the utter gravity of the issue of "law", I would accept nothing less than a properly rigorous definition of terms whose application in the courts determine the lives of the parties involved. Neither is this a laughing matter, nor can the gravity be overstated. For those who doubt, consider that if you openly bear your sidearm on the mean streets of NYC, the fact that you will be lucky to make it to prison alive for the minimum of one year should disabuse you of your dubiety.
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