psychological insight and philosophical training, such terms or their equivalents are meaningless in physics. And because writers on physics do not in general have this insight and this training, in spite of their utmost endeavors to treat physics as an empirical science without metaphysics, they flounder and blunder and contradict themselves hopelessly whenever they touch upon fundamental matters.? See President McGarvey?s Criticism on James Lane Allen?s Reign of Law: ?It is not in the nature of law to reign. To reign is an act, which can be literally affirmed only of persons. A man may reign, a God may reign, a devil may reign but a law cannot reign. If a law could reign, we should have no gambling in New York and no open saloons on Sunday. There would be no false swearing in courts ofjustice, and no dishonesty in politics. It is men who reign in these matters ? the judges, the grand jury, the sheriff and the police. They may reign according to law. Law cannot reign even over those who are appointed to execute the law.?
The characteristic of law is generality. It is addressed to substances or persons in classes. Special legislation is contrary to the true theory of law.
When the Sultan of Zanzibar orders his barber to be beheaded because the latter has cut his master, this order is not properly a law. To be a law it must read: ?Every barber who cuts his majesty shall thereupon be decapitated.? Einmal ist keinmal = ?Once is no custom.? Dr. Schurman suggests that the word meal (MahI) means originally time ( mal in einmal ). The measurement of time among ourselves is astronomical, among our earliest ancestors it was gastronomical, and the reduplication mealtime = the ding-dong of the dinner bell. The Shah of Persia once asked the Prince of Wales to have a man put to death in order that be might see the English method of execution. When the Prince told him that this was beyond his power, the Shah wished to know what was the use of being a king if he could not kill people at his pleasure. Peter the Great suggested a way out of the difficulty. He desired to see keelhauling. When informed that there was no sailor liable to that penalty, he replied: ?That does not matter ? take one of my suite.? Amos, Science of Law, 33, 34 ? ?Law eminently deals in general rules.? It knows not persons or personality. It must apply to more than one case. ?The characteristic of law is generality, as that of morality is individual application.? Special legislation is the bane of good government; it does not properly fall within the province of the lawmaking power; it savors of the caprice of despotism, which gives commands to each subject at will. Hence our more advanced political constitutions check lobby influence and bribery, by
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