The mirror. (Stillwater, Minn.) 1894-1925, 1917-01-25
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Cnc lay puUllc, III COutrdulSGIuCCloH
to the members of the learned pro-
fession of the law. must perforce
have a very nebulous conception
of the connotation of the word law
and although it is one of the pri-
mordial maxims of the law that ig-
norance of it is no excuse, yet this
maxim does not take into account
the fact that laymen do not possess
a very adequate opportunity of ac-
quiring such knowledge, except in
certain isolated cases where they of
necessity must buy it from their
attorneys.
This fact has always seemed re-
grettable to me, and it has been es-
pecially impressed on me since
coming into this institution, be-
cause the science of the law, called
Jurisprudence, is the most practi-
cal and serviceable Of all the SCI
ences, inasmuch as it pertains to
the regulation and ordering of al
most every detail of our daily life
in its relation to our fellow citizens
and the state.
In the hope that | may be able
to, perhaps, at least partially re-
duce this nebulous mass into some
thing like tangible form, for the
benefit of those less fortunately
situated, l shall endeavor to form
ulate some general propositions in
reference to the science of juris-
prudence, which l trust will ac-
complish the desired result, it be-
ing understood at the outset that l
am greatly handicapped by reason
of my lack of opportunity to con-
suit the necessary standard books
of reference, as we'll as by the en-
forced limits of this paper. All
definitions therefore which l shall
enunciate are self-formulated and
| beg that their consequent imper-
fections and limitations may be
understood in this light.
The word law, in it's generic
sense. means the inevitable effect
which results from the juxta posi-
ton of certain definite causes.
Thus for instance we have what
are called moral laws, or rules of
action laid down by the Supreme
Being, the infraction of which is
surely followed by the inevitable
penalties attached thereto by such
Supreme Being. Thus, gluttony is
forbidden by the moral law and
if we should persist in disobeying
it's mandates host of bodily ills
will result and if persisted in will
undoubtedly produce death.
We also have natural laws. 1t is
common knowledge that if we
plant grain OF seed corn under
proper conditions, it is inevitable
that in due time it will develop and
grow into a full stock of corn,
bearing one or more ears. If we
throw a stone into the air we
know that as result of the natur-
al or physical law of gravitation,
it will Immediately return to the
surface of the earth again, by rea-
son of the earth's attraction for it.
So also in the case of the laws of
chemistry, we know that if we mix
two parts of hydrogen with one
part of oxygen the inevitable re-
sultant is water.
And so we find that in every
sense in which the word law is
used, whether it be in the moral
natural, chemical, biological, social
or any other science, its chief char
acteristic is the fact that, given a
certain definite set of phenomena,
it is inevitable that a pre- destined,
irrefragible result will accrue
therefrom. Hence, confining our
observations solely to jurispru-
dence, we find that the essential
ear-mark of all laws is their bind.
ing character; they are rules of ac-
ton or conduct laid down by a