I. Looking to the general good, Godwin rejects law, not only for particular local and temporary conditions, but altogether. "Law is an institution of the most pernicious tendency." "Law we sometimes call the wisdom of our ancestors. But this is a strange imposition. It was as frequently the dictate of their passion, of timidity, jealousy, a monopolizing spirit, and a lust of power that knew no bounds. Are we not obliged perpetually to revise and remodel this misnamed wisdom of our ancestors? to correct it by a detection of their ignorance, and a censure of their intolerance?" To be sure, "it must be admitted that we are imperfect, ignorant, and slaves of appearances." II. The general welfare requires that in future it itself should be men's rule of action in place of the law. "If every shilling of our property, [every hour of our time,] and every faculty of our mind, have received their destination from the principles of unalterable justice," "To this principle no objection can arise on the score of wisdom. It is not to be supposed that there are not men now existing, whose intellectual accomplishments rise to the level of law. But, if men can be found among us whose wisdom is equal to the wisdom of law, it will scarcely be maintained, that the "The juridical decisions that were made immediately after the abolition of law, would differ little from those during its empire. They would be the decisions of prejudice and habit. But habit, having lost the centre about which it revolved, would diminish in the regularity of its operations. Those to whom the arbitration of any question was entrusted would frequently recollect that the whole case was committed to their deliberation, and they could not fail occasionally to examine themselves, respecting the reason of those principles which had hitherto passed uncontroverted. Their understandings would grow enlarged, in proportion as they felt the importance of their trust, and the unbounded freedom of their investigation. Here then would commence an auspicious order of things, of which no understanding man at present in existence can foretell the result, the dethronement of implicit faith, and the inauguration of unclouded justice." |