in return.
§4. The moral law is that which prescribes to men their duties to God
and to each other. As a rule of human conduct therefore, it corresponds
exactly to the law of nature. The moral law is briefly expressed in the
decalogue or ten commandments, and is still more briefly summed up
in the two great commandments, to love God with all our heart and to
love our neighbor as ourselves. God being its author, it is called the
divine law; and, being found in the Holy Scriptures, in which his will is
revealed to mankind, it is called the revealed law, or _law of
revelation_.
§5. Political law, as has been observed, is that system or form of
fundamental rules, called the constitution, by which the people in their
political capacity, or as a body politic, agree to be governed. The nature
of this law will more clearly appear from a more particular definition of
constitution, and from a description of the manner in which a
constitution is made. (Chap. V.)
§6. The word municipal was used by the Romans to designate that
which related to a municipium, which was a free town, or city. The
rights of a citizen of such free city or town were called municipal rights,
and its officers were called municipal officers. In this country, the word
is not only used in this limited sense, but is extended to what pertains to
a state. Hence the body of laws which prescribe the duties of the
citizens of a state, are called the municipal or civil law. And the term is
used to distinguish the laws made by the legislature, or law-making
power of the state, from the constitution, or political law, adopted by
the people in their political capacity.
§7. If, as has been said, the laws of the Creator form a perfect rule of
conduct for all mankind, and ought in all cases to be obeyed, then all
human law ought to agree with the divine law. If a human law is
contrary to the divine law, or if it requires us to disobey the commands
of God, it is not binding, and should not be obeyed. So the Scriptures
teach. They speak approvingly of men who disobeyed human authority,
and who gave as the reason, that it was their duty to obey God rather
than men; and they furnish many examples of good men who submitted
to severe punishment, even to death, rather than do what they knew to
be contrary to the divine will.
§8. But although the divine will as revealed in the Scriptures, is a
perfect rule or law for all mankind, and although human laws ought to
conform to the divine law, yet it would be impossible to govern the
people of a state by that law alone. The divine law is broad, and
comprehends rules to teach men their whole duty; but it does not
specify every particular act of duty. Much of it consists of general
principles to which particular acts must be made to conform. It requires
men to deal justly with each other; but men do not always agree as to
what is right. Human laws, therefore, become necessary to declare what
shall be considered just and right between man and man.
§9. It may be observed, further, that all the divine precepts could not be
carried into effect in civil government. They are spiritual, and reach to
the thoughts and intents of the heart. They require us to love our
Creator supremely, and our neighbor as ourselves; in other words, to do
to others as we would that they should do to us. But as the omniscient
God only knows when men fail in these duties, no human authority
could enforce such a law. Human laws, therefore, have respect chiefly
to the outward acts of men, and are designed to regulate their
intercourse with each other.
§10. Although the laws of the state can not compel men to fulfill the
great law of love, it is nevertheless morally binding upon all. A
perfectly holy Creator could consistently require of his moral and
accountable creatures nothing less than supreme love to himself, and
equal love to one another. This, as has been remarked, is in accordance
with the law of nature, which is right in the nature of things. (Chap. III.
§2, 3.)
§11. While the divine law accords perfectly with the principles of
natural justice, the giving of it to mankind manifests the wisdom and
benevolence of the supreme Lawgiver. Man is so formed, that it is for
his highest happiness strictly to obey this law. The generous man, in
relieving the wants of others, contributes to his own happiness. The boy
who divides an apple with his fellow, is more happy than
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