Page:Melville Davisson Post--The Man of Last Resort.djvu/12

 considered startling, and the volume has provoked large discussion. A few gentlemen of no inconsiderable legal learning, and certain others to be classified as moral reformers, contended that the book must be dangerous because it explained with great detail how one could murder or steal and escape punishment. If the laws were to be improved, they said, "would it not be more wisely done by influencing a few political leaders?"

While such a criticism does not come from any considerable number of authorities, it has been honestly made and is entitled to consideration.

The vice of it lies, it seems to me, in a failure to grasp the actual nature of our institutions. It is a maxim of our system that the law-making power of the state rests in the first instance with the people of the state. This power, for the purpose of convenience, is delegated to certain selected persons who meet together in order to put into effect the will of the people.

The so-called law-makers are therefore not law-makers at all, in the sense of being