… is from page 6 of Garrett Barden’s and Tim Murphy’s profound 2010 book, Law and Justice in Community:
Law emerges, and cannot but emerge, within the developing communal moral context.
DBx: Law (as opposed to legislation) emerges; law is not consciously created. Law (again, as opposed to legislation) is the product of human action but not of human design. To call legislators “lawmakers” is, therefore, a gross and dangerous error. Law, no more than language, can be made. Law emerges.