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Source Of Law

Even more important in defining civilisations is the source of law.

For those of us brought up in the Latin civilisation it is obvious that ethics is the source of law. We consider the written law as always imperfect. All the time we try to improve it. By improvement we mean bringing it in line with what we consider as just, as ethical. An issue must first be discussed from the point of view of its compliance with ethical norms and only then do we write it into law. In this discussion there is role for the society at large. This is where democracy stems from.

However there are civilisations in which it is not ethics but the interest of the state that decides what is written into law. In this approach the state has to be efficient and not ethical.

Again it is also possible that law has its origin in the will of the ruler. The Romans who observed this in the Orient have described the system as: "Quod principi placuit, legis habet vigorem". (What pleases the ruler has the force of law). In such a system the ruler is free of ethical constraints. He can be a good and ethical man, a blessing for his subjects. But he can also be evil and ruthless, a plague for all around. In either case the legal system is very simple and efficient.

Finally revelation can be the source of law. This is so in the sacral civilisations. For the Jews it will be the Torah, the Mosaic Pentateuch. For the Brahmins it will be the books Wedda. Revelation cannot be changed, it can only be interpreted. The letter of the Law matters.

We say that a righteous person need not know the law to live in compliance with it. However this is only true in those civilisations where ethics is the source of law.

 
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