Odger's English Common Law

THE LAW OF NATURE. 3
cussed—those intuitions of right and wrong of which we
are all conscious. If not, what is this "law of nature"?
Where is it to be found ? How is it to be identified ? Is it
the same in Timbuctoo or Teheran as it is in London or New
York ? Or does it vary with the latitude of each place, or
with the degree of civilisation there in vogue ? Again, was
it the same in the time of Samson or Theseus as it was in the
days of Ulpian or John Bright ? If not, then where are
these variations recorded ? As a matter of fact, there is not
now and never was any such thing as a " law of nature " in
any sense in which a practising lawyer of to-day understands
the word " law." It is just a convenient and very elastic term
which is sometimes used as identical with the law of God or
conscience, or "natural justice," while at other times it seems
to denote little more than savage customs or animal instincts. 1
For us, then, there are but two kinds of law—the law of
God and the law of the State. Henceforward in this book
by the word " law " will be meant the law of the State.
A State may be roughly defined as a political community
which governs itself. It governs itself by means of laws.
It is essential to the welfare of the community that in every
State there should exist an authoritative body of law, readily
accessible, easily intelligible, and strictly and impartially
enforced. This body of law should comprise all Tules,
whether customary or written, which have been laid down
for the guidance of the community and to which its members,
if they would avoid penal consequences or civil liability, must
necessarily conform. 2
It should have lucid expression and
scientific arrangement. Its provisions should be clear and
certain and such as can be easily understood by those who
have to obey them.
A law, then, is a rule of conduct which the State prescribes
and enforces on its subjects.
and even in the same
Different States have different laws ;
i Just. Inst. I. 2 ; Dig. I. 1. 1. 3.
2 These penal consequences and civil liabilities are called by writers on jurisprudence
the " sanctions " of the law, because they think that, without them, the
law would not be binding on the subjects of the State—in other words would not
be law at all.
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