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Of Law in general. 3
the Law itself. + Comm I.B. 44.
Our Author indeed had great expectations from the word Rule: His
notion was as we shall see presently that it would serve to distinguish
Law from Counsel. or as we are apt to say advice. In this —
however I am apt to imagine he will stand alone. If a man does
as I counsel him, I see not why my counsel may not just as properly
be said to be the rule of his action as my Law may, when he
does as I command him. You are about to mount a horse, & to
to get on horseback, I am your friend Hold say I the Horse is
vitious and will throw you. You are about to mount a Horse
to steal, I am a Legislator and have said he that stealeth a Horse
shall be hanged for it. You act accordingly. I see not why my —
counsel is not as much a rule of your Action in the one case, —
as my Law is in another.
To say that such a Law is a rule of action, that it has been taken
by such an one for a rule of his actions is but an obscure and
figurative way of saying that it has been obey'd A Law's being
a Rule of action is therefore what may be or may not be. but
if it is a Law, it is for without question certain it is a command.
As to the word rule The meaning of the word "rule" as applied to actions is either in
general the same as that of the words "pattern", "model"; something
in conformity to which action is carried on, which ought to be —
equally said of instruction or of advice or more particularly a
something that governs action. In the first sense, the expression
is not true of a Law, any farther than it is true of a command:
Sect. I. Law in General 3
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