An authority exists in a territory by virtue of a legal relation when,
according to the legal norms which found the relation, the will of some
men--or even merely of a man--is regulative for the inhabitants of this
territory. A supreme authority exists in a territory by virtue of a
legal relation when according to those norms the will of some men is
finally regulative for the inhabitants of the territory,--that is, is
decisive when authorities disagree. What we here designate as a supreme
authority, therefore, is not the men on whose will the legal norms in
force in a territory are based, but rather their highest agents, whose
will they would have finally regulative within the territory.
What men it is whose will is finally regulative for the inhabitants of a
territory by virtue of a legal relation--for instance, members of a
royal family according to a certain order of inheritance, or persons
elected according to a certain election law--depends on the legal norms
by which the legal relation is determined. On these legal norms, too,
depends the question within what limits the will of these men is
regulative. But this limited nature of the authority does not stand in
the way of its being a supreme authority; the highest agent need not be
an agent with unrestricted powers.
Here one might perhaps object that in federal States, in the German
empire for instance, the individual States have not supreme authority.
But in reality they have it. For, even if there are a multitude of
subjects in reference to which the highest authority of the individual
States of the German empire has to bow to the imperial authority, yet
there are also subjects enough about which the highest authority of the
individual States gives a final decision. As long as there are such
subjects, a supreme authority exists in the individual States; if some
day there should no longer be such, one could no longer speak of
individual States.
4. As a legal relation, by virtue of which a supreme authority exists in
a territory, the State is distinguished from all other objects, even
from those that most resemble it.
By being a legal relation it is distinguished on the one hand from
institutions such as would exist in a conceivable kingdom of God or of
reason, on the basis of the moral law, and on the other hand from the
dominion of a conqueror in the conquered country, which can never be
anything but an arbitrary dominion.
Being an involuntary legal relation, the State is distinguished from a
conceivable association of men who should set up a supreme authority
among themselves by an agreement, as well as from leagues under
international law, in which a supreme authority exists on the basis of
an agreement.
Public-domain text, read in full here on John Shaqi.
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