LAW (AR laqu, from Hogan. Cloth., OHO. ligan, Ger. liegen. to lie: connected with ()Church Slay. icz/uni, to lie. Lat. lectus. couch. Gk. X6xos, lochos, lair). CONCEPTION. The social life of men, like the life of the individual, is largely shaped and governed by what we call nature. In this word we sum up the condi tions which man has not created, and which he can but slightly modify, and the forces which he doe; not exert and which lie has been able to uti lize only to a limited extent. In so far as con stant relations (coexistence. sequence, cause, and effect) are observed in the phenomena of nature, we speak of the laws of nature. The social life of men is further shaped and governed by condi tion, which man has established and which he an largely modify, such as the economic, the social. and the political organization. and by the human as well the natural forces which man put, at work in the struggle for exirten•e. enjoy ment, wealth. and power. llere again constant rela tions of phemmena are observed wnich we call eco nomic or social law,: and here again the term law describes a relation of coexistence or of ,equenee of cause and edict. which man has apparently no power to modify. Ile can modify the antecedent facts. but the fact- once given, the result, appear to be inevitable. Again the social life is shaped and governed by of cause and effect which man has himself established. Society it 5-ell attaches to certain act, and omissions of men such as social ridicule or contempt or scorn and ostracism; and in such cases we sometime, say that society is enforcing, by psy chical sanction-, laws of etiquette or of honor, or moral laws. Finally society, or the community (acting always in modern times th•(m?i the ma chinery of the State) orders and regulates all the principal forms of human association and largely regulates the intercourse of individual, by what we call law, in the strict sense positive Rules of positive law resemble all the we have pre \jou:sly noticed, in that they also represent a sequence of phenomena. A legal rule tells us
what results are to attach to certain antecedent facts. Legal rules differ from the laws of nature and from economic or social laws in that the results arc determined by man's will. They differ from moral laws in that the community (acting always in modern times through the machinery of the State) will, if necessary, secure the results it has decreed by resort to physical force (legal sanction). Many rules which govern the social life—the majority of the rule, which• govern the intercourse of indiN iduals—are at the same time rules of morals and rules of law: but law and morals have each a distinct field. There are social rules which cannot be enforced by any but psychical penalties, and many more which it would he unwise to attempt to enforce by the ruder processes of the law: and there are many cares in which the social interest requires that a rule shall be established and enforced, but in which it is ethically immaterial what the ride shall he.
Of the rule, which society enforces without or with the sanction of the State, a certain propor tion is rather imposed upon society by its own organization than established by its own volition. In any given stage of social development there are numerous rules which appear to be essential to the existence of that particular form of social life. In all stages of social development we tied certain fundamental rules (not very numerous(, which appear to be essential to the existence of any social life. These fundamental rules have -.nine times been described as 'natural law' (q.v.). and of all the uses of the term •natural' in juris prudence. this is perhaps the most defensible. It be noted. however. that all these funda mental rules arc primarily rules of morals: and that when they are recognized and as rules of law. the mode of their enforcement. i.e. the positive law. may and does assume various forms. On the whole. therefore. it seems correct to relegate natural law to the field of morals.