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System of law – extremely rare to have a total By what standards should we judge the content of law?
absence of the same; restores the equilibrium
1. The authority of the law-maker must be Every law must respect if it cannot promote
recognized by the majority of the people as both the individual rights of man and the
legitimate and as enacted must not exceed the collective rights of the people.
limits on that authority imposed by the
Rights:
prevailing consensus.
2. Laws must be published or made known to the Right to survive
persons who are to be affected by them. Right to development
(Emperor Caligula) Right to external and internal sovereignty
3. Law must not be changed so often or so quickly
that people cannot reasonable base plans on
them.
4. Laws must be understandable and not
contradictory and must not prescribe acts
beyond the capacity of the people or against
their conscience.
Lon Fuller – to stay with the system and cast his
ballot as a kind of symbolic act expressing the
hope of a better day.