THE UNWRITTEN LAW.

Dominion, Volume 1, Issue 22, 21 October 1907, Page 9

THE UNWRITTEN LAW.

AUSTRALIAN COMMENT ON THE ; OI'UNAIvE CASE. '. . Doaling in an editorial l with the Opunake lynching caso, ,tho Sydnoy Morning Herald says tijo'story opens up an interesting question: "Tho- facts a'ro simplo; but. tjio same can'hardly bo_said of tho. issuos involved. The'tyw as ;wo'know. it, v/ith all it 3 ( defects of administration, 1 represents the wisdom and practical experience of. tho ages as .they nave been brought to bear oil tho organisation, of society. Its first nim is to tako tho dealing out of justice from tho hands of the individual and remit it to society as a whole,' and civilisation diolds itself together by its tacit consont and: obedience to t)iis arrangement. There may be some points, which tho law does nbt'adequately'cover, but it is law; and! wo cannot get away from it oxcopt by amendment. ' ' • . ! "But however, much, wo may condemn this patent defect i;a our legislation, the major question which lies beyond it cannot be ignored In : tho ; natural ordor of things tlTe aggrioved pcrsoii ivould take tho law into his own han'ds, but that is altogether contrary to the ordor and well-being of society. In tho New Zealand: cane not only did tho public sentinient of tho township of Opunake defy this axiiimatic fact, but it was sustained in so doing by. the grand gury sworn to deliver a bill against tho persons guilty of this breach of law. The grand jury throw out tho bill, and by that act sanctioned tho application of tho unwritten law in cases of this painful character.' Wo have to go to the United States to find this doctrine flourishing at its worst and best. Thcro it has been repeatedly held, and the defence in the Thaw case rests on the samo plea, that in certain instances tho right of tho individual to exact personal revenge even to the death limit is above the ordinary processes of law. Oil natural and rudimentary grounds there is sonicthing to be said for it. liut tho danger is that, it woukl open the way for any oerson with ove nan. imaginary grievance to talie the law into his own hands. A very little of that, and we should soon have the conditions of primitivo savagery back again, with the revolver and the bov/io-kliifo as the arbitrators between man and man, and Judge Lynch displacing tho Assizes.".: