Every once in a while, a young person, just getting ready to head off to law school, or maybe somebody studying to take the so-called LSAT, the "Law School Admission Test," asks me some questions about the law. Do you like being a lawyer? Do you have any tips on the LSAT? What do you think about this or that law school? Things like that.
Recently, a young person who had just graduated from college, and was thinking of being a lawyer, and so was studying for the LSAT, asked me a question that was quite a bit more "philosophical" (or more "profound") than the kind of questions that I most typically get asked. Here was the question that this prospective law student posed to me:
Do you think that the worldly law creates freedom, or does it primarily create boundaries within which we are free?
As I say, this was not, really, the kind of question that I am normally asked, but I was happy to have been presented with that question. It's a pretty important one! Here was my reply:
I think that the statement that “worldly law creates freedom” is pretty close to what I think. It might be more accurate to say that my view is that “worldly law” expresses our freedom, since our “freedom” is primary, in my view.
I don’t know whether or not your idea of “worldly” law is the same as mine, but you seem clearly to think there are at least two kinds of law - the “worldly” kind and some other variety. I agree with the idea of TWO different kinds of law. The idea that there are two kinds of law came to me as a kind of revelation (it’s pretty hard, now, for me to remember exactly when that happened). I do think that there are two different kinds of law.
My idea of “law,” prior to this “revelation,” as I have just called it, was that “law” was more or less the opposite of “freedom.” In other words, the “law” tells you what you have to do. While I don’t think I made this distinction at that time, our physical laws (which I am guessing are not the “worldly” laws you are thinking of) is what I was thinking of as the basic “law” by which we are governed. You, know, like the “law” of gravity. You can’t disobey the law of gravity (or other physical laws).
That idea was my basic idea about “law.” The law says what must and will happen (and this is definitely true in the case of the laws that govern our physical world). While It is obviously true that we can disobey human laws, I thought that physical laws were really the only kind of law that is really “law,” so that when we came up with statements that said what should happen in our social and human-created world, we used the word “law” to indicate that you “had” to do something, or had not to do something. “Law," in other words, was always associated with “necessity,” not “freedom."
Naturally, since human laws are obviously not like the law of gravity, I assumed that if someone “broke” the law, they should be punished. While we can violate our human laws, we aren’t supposed to, and if we do, we are, or should be, punished - and/or made to do what “the law” prescribes. I think this idea of “law” may be along the lines of “law” being a set of "boundaries within which we are free,” as you put it. This way of understanding human laws suggests that our human laws are intended to constrain what we do in a larger, overall view.
At some point, I changed my idea about human law, and I ended up with what I decided to call my “Two Worlds Hypothesis.” My daily blog is really just a set of daily reflections on the implications of that “Two Worlds Hypothesis,” and the “Two Worlds” mentioned are (1) the "World of Nature" (in which the laws absolutely say what must and will happen - “gravity” being the go-to example) and (2) what I call the “Political World,” the world that we create by our own choices and our own actions.
The actual title of my blog is, “We Live In A Political World.” I hope you'll read it! I have a new comment every day - and have made those daily comments for sixteen years. As for the title, we most certainly do, most “immediately,” "Live In A Political World." “Ultimately,” though, we live in the "World of Nature," where the laws are absolute and tell us what must and will happen. When we get these two “Worlds” mixed up, the problems can be severe.
Global Warming, for instance, governed by the laws that prevail in the "World of Nature," may well kill us all off, and eliminate the “Human World” entirely. Our "Human World" depends on the "World of Nature," but since the “freedom” that we are provided in our "Political World" allows us to make choices that can conflict with the "World of Nature," we can choose to do something that might end up destroying the "Natural World," on which we ultimately depend. Global Warming could do it. So could Nuclear War.
My experience as a “politician” is what led me to the “Two Worlds” idea, and my claim is that in our “Political World,” anything is possible. The human world is created by our own choices and actions, and is a world in which our “freedom” determines what exists - and what doesn’t. The "Natural World" follows the laws of “necessity,” but our (political) world is governed by the reality of our “freedom,” and in “our” world, our “Political World," the “law” is the expression of our freedom. In our world, in other words, we, essentially, write down what we have chosen to make real, and then, by following the laws we have enacted, we bring that “world” into reality.
I have ended up with a great enthusiasm for “the law,” because I do see the law as the realm in which we most clearly - and with great consequence - create the world in which we most immediately live.
“Politics,” as you will see, is the realm in which we most directly express our freedom (at least our “collective” freedom). We are each free to act, individually, but we can (and do) act in concert, together, and we have the freedom (collectively) to create any world we want (at least if that world is consistent with the World of Nature, which is primary). I often call that primary world, the “World of Nature,” “The World that God created.”
Much of what lawyers do, of course, is to work within the human world that we have collectively created, that “Political World,” in which the laws provide rules, and prohibitions, and outline opportunities for action, etc. Many lawyers, I believe, end up being more or less frustrated and/or resentful about the “law,” and of the rules that establish what is “legal,” and what is not, and which laws can end up seeming to constrain freedom, or to perpetuate injustice, and that may well impose constraints that are unreasonable, unfair, or even just plain “wrong.”
Since I have never lost my “political” perspective, I have never become as jaundiced, and perhaps even as resentful, as some lawyers end up being. So, I do recommend not losing that larger perspective. The “laws” with which we most immediately deal are the laws that we establish ourselves (by "politics," by the way). What we “legislate,” in other words, will determine the realities which most directly affect us. "Law," in other words, is a realm of freedom, not a realm of penalty and constraint.
That's my view at least. Keep me posted - and really good luck on the LSAT!
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