The Providence news. (Providence [R.I.]) 1891-1906, 1903-08-27
COLT
ON Law AND
REASON
Delivered an Able Address To.
day Before Members Of tho
American Bar Association.

Providence Is wei represented at The
session OF the American Bar association
at Hot Springs, Va. In the person oof
Colt. Mayor Miller and Hon. Amasa NJ.
delivered by Hon. lie Baron n. Colt Judge
OF the FIRST circuit. and his theme was
Law and Reasonableness
II was scholarly effort a:.d the fol-
The essen'e and end OF the law are no
doubt uUthfalIy expires ',l in the max
ins: Law is the perfs,:i,n OF reason"
Reason is the soul OF law; and when the
reason Of any particular law ceases. so
does the law ITSELF" THE reason and
spirit OF cases make law. not the letter
Of particular precedents;" Reason Is the
life OF the law; the common law itself is
nothing else but reason"
DICTATES OF REASON
1t is also undoubtedly true that the
great body OF the Ia wis founded upon the
dictates OF right reason. natural justice.
and common sense. But. notwithstand-
ing al this, IL Is an historical fact that
| the growth and expansion OF the law
from primitive custom to the present
time has been a continuous struggle be-
tween the rigid rules OF pod'tive law and
the standard OF reasonableness and COM
mon sense Of society In its upward march
TO higher civilization: and the struggle
| still continues. All through the centuries
| OF the laws develo, ment I'm those two
| great systems OF Jurisprudence which
have been adopted by the civilized world.
the English law and the clvI law. there
has been constant effort to bring exist
ing rules Of harmony with advancing CIV
| ilization.
The phenomenon which always presents
| itself in progressive societies may be thus
| described on the one hand, there Is
body OF legal rules which by nature are
stable and enduring: on the other hand,
| there is a society with ever-changing So
cial necessities and opinions. From the
very nature of these conditions. which
are permanent, there Is the inevitable
result that the old rules of law cease
10 conform to the new facts of society;
and that consequently they come, TN
part at least, to be regarded as narrow.
unreasonable and out OF touch with pro-
gress and enlightened public sentiment
To keep the rules OF positive law as
nearly as possible abreast of social wants
and public opinion, is the difficult prob
lem which always has and always will
confront progressive nations. The gulf
can never be entirely bridged. A sta
tionary body and moving body cannot
| be kept together. We can only by un-
| ceasing effort narrow the chasm. some
times the spirit and temper OF society
are far in advance of legal rules; at other
| times they nearly meet. Upon the ex-
| pedition with which the breach between
| the law and social progress is lessened.
| or upon keeping them close together. de-
pends, IN large measure the welfare Of
society and the happiness of the people.
LAW OF NATURE.
While English Jurisprudence has not
| adopted the law OF nature in the sense
| of the civil law. as the fundamental doc
| trine underlying the whole system. our
| courts have appealed 20 its principles,
and have been governed by its precepts.
But the courts have gone further. They
have struggled more and more. as socie-
ty has advanced in civilization. to make
| the law conform 10 its teachings; 10
! make IL '-the sum OF rules OF conduct
| which ought to be received because they
| are reasonable in themselves TO bring II
into harmony with natural reason as
! manifested in the consent OF reasonable
| men.
Before the division between the legisla-
tive and judicial powers OF the govern
ment had become so sharply defined the
courts, vigorously protested against the
| power OF the Legislature TO enact a valid
uaw which was I'm violation OF natural
justice and common sense. Such express
sions are found In judicial decisions from
Lord Coke In Bonham's case. who declar-
| ed that when an act of Parliament is
against right and reason, or repugnant
or impossible 10 be performed. the com
mon law will control II, and adjudge such
act TO be void"
FACTS OF LIFE.
In our day and generation we are con-
| fronted with the problem OF adapting the
old rules OF law to the new facts OF life:
| az keeping them I'm accord with COM
mercal and Industrial growth and ma
tlonal development. There is no way of
making the law sufficiently elastic and
mutable to me/ fully fhe ever-varyfng
wants OF society in the presence OF an
expanding civilization. our duty lies in
the effort to make II, as far as possible.
fit and suitable to ne wconditions as they
present themselves
The purpose and end Of law are the
welfare OF society and the happiness of
tho people. The law should always he
viewed from the standpoint Of society.
and not from the standpoint OF the law
itself. Society is entitled 10 have such
laws as II desires, and Il will obey none
other The law Is made for society, and
not society for the law. 'rile interests
Of s.ciety are primary: the interests OF
the law secondary. Society Is the mas
ter. and the law It's handmade The law