But, as has already been said "law" in the abstract involves much more. Thus, a ref erence in a statute to "the cases provided by law" includes not only those cases provided by former statutes, but also those contem plated by the common or unwritten law ; Chamberlain v. Beller, 18 N. Y. 115.
Law is, to a certain extent, a progressive science and must recdgnize changes in meth ods of procedure and of the protection of in dividuals or classes ; Holden v. Hardy, 169 U. S. 366, 18 Sup. Ct. 383, 42 L. Ed. 780 (Brown, J.).
"Law 'should follow business ;' it should not divert or anticipate the course of busi ness, except for most urgent reasons." (This remark is said by Mr. Bigelow in his Bills, Notes and Cheques, 2nd Ed. p. 7, to have been made to him by Lord Bowen in a con versation concerning the judgment of the Court of Appeal in Mogul Steamship Co. v. McGregor, 23 Q. B. D. 612, affirmed in [1892] A. C. 25).
"It is one of the distinguished character istics of the English race, whose political habit has been transmitted to it through the sagacious generation by whom this govern ment was erected, that they have never felt themselves bound by the logic of laws, but only a practical understanding of them based upon slow precedent. For this race, the law under which they live is at any particular time what it is then understood to be, and this understanding of it is compounded of the circumstances of the time. Absolute theo ries of legal consequence they have never cared to follow out to their conclusions. Their laws have always been used as parts of the practical running machinery of their politics—parts to be fitted from time to time, by interpretation, to existing opinion and so cial condition." Woodrow Wilson, in The State.
"Generalities, . . . which with refer ence to so many cases are founded in truth, sometimes come to be taken, by frequent rep etition, as axioms, behind which, as a bul wark, we seldom in any case look.". McNairy v. Eastland, 10 Yerg. (Tenn.) 310.
"And I am tempted to take this opportuni ty of observing that a large portion of that legal opinion which has passed current for law falls within the description of law tak en for granted.' If a statistical table of le
gal propositions should be drawn out, and the first column headed, 'Law by Statute,' and the second, 'Law by Decision,' a third column, under the heading of 'Law Taken for Granted,' would comprise as much mat ter as both the'others combined. But when; in pursuit of truth, we are obliged to inves tigate the grounds of the law, it is plain and has often been proved by recent experience that the mere statement, and re-statement of a doctrine—the mere repetition of the cautilena of lawyers—cannot make it law, unless it can be traced to some competent authority, and if it be irreconcilable to some clear legal principle." Lord Denman, in 11 Cl. & F. 372.
The law of the land, an expression used in Magna Carta and adopted in most of the earlier constitutions of the original states, means, however, something more than the legislative will; it requires the due and or derly proceeding of justice according to the established methods. See Jones v. Robbins, 8 Gray (Mass.) 329; DUE PROCESS OF Lew.
When the term law is used to denote en actments of the legislative power, it is fre quently confined, especially by English writ ers, to permanent rules of civil conduct, as distinguished from other acts, such as a di vorce act, an appropriation bill, an estates act. Report of Eng. Stat. L. Com., March 1856.
In the United States, the organic law of a state is termed the constitution, and the term "laws" generally statutes or legislative enactments, in contradistinc tion to the constitution. See STATUTES.
Law, as distinguished from equity, denotes the doctrines and procedure of the common law of England and America, from which equity is a departure. As to where sepa rate courts of law and equity are maintained, see EQUITY.
Law is also used in contradistinction to fact. Questions of law are, in general, for the decision of the court; while it is for the jury to pass upon questions of fact.
See JURY; JUDICIAL POWER.
In respect to the ground of the authority of law, it is divided as natural law or the law of nature or of God, and positive law.