THE RELATION BETWEEN LAW AND PUBLIC OPINION
My aim in these lectures is to exhibit the close dependence of legislation, and even of the absence of legislation, in England during the nineteenth century upon the varying currents of public opinion.
The fact of this dependence will be assumed by most students with even too great readiness. We are all of us so accustomed to endow public opinion with a mysterious or almost supernatural power, that we neglect to examine what it is that we mean by public opinion, to measure the true limits of its authority, and to ascertain the mode of its operation. Surprise may indeed be felt, not at the statement that law depends upon opinion, but at this assertion being limited to England, and to England during the last century. The limitation, however, is intentional, and admits of full justification.
True indeed it is that the existence and the alteration of human institutions must, in a sense, always and everywhere depend upon the beliefs or feelings, or, in other words, upon the opinion of the society in which such institutions flourish.
"As force," writes Hume, "is always on the side of