An old master, and other political essays — John Shaqi
An old master, and other political essaysWilson, Woodrow
Science
An old master, and other political essays
Wilson, Woodrow
Political science; Smith, Adam, 1723-1790; United States -- Politics and government
There is no unlimited power, except the sum of all powers. Our legal
theorists have sought unlimited sovereignty by a process of summation;
have made it consist in the combined forces of the community.
Sovereignty, if it be a definite and separable thing at all, is not
unlimited power; is not identical with the powers of the community.
It is not the general vitality of the organism, but the specific
originative power of certain organs. Sovereigns have always been
subject in greater or less degree to the community; have always been
organs of the State; have never been the State itself. But they have
been sovereigns none the less; they, and not the community over which
they presided.
It is necessary, if there is to be any clear thinking at all upon this
subject, to distinguish very sharply two radically different things;
namely, the powers and processes of governing, on the one hand, from
the relations of the people to those powers and processes, on the
other. Those relations are relations of assent and obedience; and the
degree of assent and obedience marks in every case the limits, that
is, the sphere, of sovereignty. Sovereignty is the daily operative
power of framing and giving efficacy to laws. It is the originative,
directive, governing power. It lives; it plans; it executes. It is
the organic origination by the State of its law and policy; and the
sovereign power is the highest originative organ of the State. It is
none the less sovereign because it must be observant of the preferences
of those whom it governs. The obedience of the subject has always
limited the power of the sovereign. “The Eastern politicians never do
anything,” says Burke, “without the opinion of the astrologers on the
fortunate moment.... Statesmen of a more judicious prescience look for
the fortunate moment too; but they seek it, not in the conjunctions
and oppositions of planets, but in the conjunctions and oppositions
of men and things.” This is the covert admission of the Austinian
definition itself: the sovereign power is that to which “the bulk of
the community _is habitually obedient_.” When we discuss, with Mr.
Sidgwick, the influences which tell upon the action of the originative
organs of the State, we are not discussing sovereignty, but the
natural and universal limitations of sovereignty, the structural checks
and balances of the organism. There is no hope for theory if we neglect
these obvious distinctions.
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