"All human laws are, properly speaking, only declaratory; they have no power over the substance of original justice"
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Burke is doing something slyly radical here: shrinking Parliament down to a clerk. Human law, he argues, doesn’t manufacture justice; at best it records it. The verb “declaratory” matters. It casts legislation as recognition rather than creation, a public acknowledgment of moral facts that exist prior to statute. That framing is a warning shot to any political mood that treats a sweeping new code as proof of virtue. You can pass a law in an afternoon; you can’t legislate “original justice” into being.
The subtext is Burke’s signature anti-utopianism. He’s not denying the necessity of law; he’s denying its sovereignty over right and wrong. That’s a hard brake on revolutionary confidence, especially in the late 18th century when European politics was flirting with the idea that a new constitutional architecture could remake human nature. Burke’s “properly speaking” is doing rhetorical work too, conceding how people commonly talk about law while insisting on a more severe philosophical accounting.
Contextually, this sits inside Burke’s broader defense of inherited institutions and moral order: rights and duties aren’t invented by clever legislators; they’re discovered, refined, and preserved through tradition, religion, and social practice. The line flatters no one in power. It tells lawmakers they’re not gods and tells citizens not to confuse legality with legitimacy. If law drifts from “original justice,” Burke implies, it doesn’t become a new justice; it becomes a well-organized wrong.
The subtext is Burke’s signature anti-utopianism. He’s not denying the necessity of law; he’s denying its sovereignty over right and wrong. That’s a hard brake on revolutionary confidence, especially in the late 18th century when European politics was flirting with the idea that a new constitutional architecture could remake human nature. Burke’s “properly speaking” is doing rhetorical work too, conceding how people commonly talk about law while insisting on a more severe philosophical accounting.
Contextually, this sits inside Burke’s broader defense of inherited institutions and moral order: rights and duties aren’t invented by clever legislators; they’re discovered, refined, and preserved through tradition, religion, and social practice. The line flatters no one in power. It tells lawmakers they’re not gods and tells citizens not to confuse legality with legitimacy. If law drifts from “original justice,” Burke implies, it doesn’t become a new justice; it becomes a well-organized wrong.
Quote Details
| Topic | Justice |
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