Page:The Green Bag (1889–1914), Volume 12.pdf/172

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Philosophy of Law. expedient restrictions upon the natural liberty of citizens, and formulate them into laws for the good of all citizens. But what is the function of a lawyer? We have shown that a law is a restriction and that in a nation there are thousands of such restrictions touching every department of life and directing what citizens should not do, and enacting penalties for breach of such restrictions. Now, a citizen engaged in the business of every day becomes ac quainted with but few restrictions. He acquires a knowledge of such restrictions only as are necessary to conduct him peace fully in this particular branch of life. But restrictions are so numerous and in some cases so conflicting at different times that a class of men has arisen who make these restrictions a special study. They spend years acquiring a knowledge of these laws or restrictions and having gained such knowledge, they sell it to other citizens who desire to know how they may act, but who have not had time to gain a knowledge of what they may not do, and how they should act. This is the function of lawyers, viz., to direct citizens as to how they may safely act in order not to disturb the peace of society — to direct citizens as to which of their natural liberties have been taken from them in order that they might enjoy the benefits of society. Another function of lawyers is to secure

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to a man his natural rights when they have been taken, but not by virtue of some re striction or law, necessary or expedient. Lawyers and courts have for their purpose the remedying of breaches of the law, caused by the ignorance of men as to what restrictions have been placed upon their original agreement; or caused by the cupidity of men who refuse to keep this original agreement, and upon whom force must be used to compel obedience to their original contract. Lawyers are to the laws of society what physicians are to the laws of the human body. They remedy defects in the relations of men, as physicians remedy defects in the relations of the individual parts of the body. Rightly viewed then, lawyers in following their duty have but to discover the evil that causes discord between individuals in a society, and to prevent or remedy such discord. To this end courts and the police and penal systems have been created. So, then, we conclude this article by stat ing that all law is a restriction upon actual liberty, enacted by the agreement of the governed. That statesmen are men who, knowing the needs of a nation, enact just restrictions; and that lawyers, courts and police systems prevent and remedy breaches of these just restrictions in order to per petuate social harmony.