chapter  II
41 Pages

The End of Law

WithMarshall L. DeRosa

Social utilitarians would say, weigh the several interests in terms of the end of law. Three elements contributed to shift the basis of theories as to the end of law from wills to wants, from a reconciling or harmonizing of wills to a reconciling or harmonizing of wants. When Saint Paul exhorted wives to obey their husbands, and servants to obey their masters, and everyone to exert himself to do his duty in the class where the social order had put him, he expressed this Greek conception of the end of law. Greek philosophers came to conceive of the general security in broader terms and to think of the end of the legal order as preservation of the social status quo. Freedom of engaging in lawful callings came to be restricted, and an elaborate process of education and examination to be imposed upon those who would engage in them, lest there be injury to the public health, safety or morals.