A further meaning apparently is that the first object of all
government is to do justice, and the second object to do the will of
the governed. A government which recognizes itself as deriving its
just powers from the consent of the governed, is bound to do justice
in such manner as will conform to the just public sentiment of the
governed. It is in no case bound to execute the will of the governed,
much less the will of the majority, unless that will conforms to
justice in the particular case. Nor can it do an unjust act and plead
in justification the consent of the governed, for the consent of the
governed to an unjust act is void by the law of nature and of nations.
This principle was often appealed to by the Americans, notably in the
final manifesto of 1778, as an answer to the British claim that the
Americans were bound by the restrictive Acts of Parliament on account
of their acquiescence in them. They said that an attempted consent to
an unjust act of government was a nugatory act, an unjust act of
government being itself nugatory, and deserving obedience only from
motives of policy.
This doctrine that government is the doing of justice according to
public sentiment is, of course, utterly opposed to the doctrine that
government is the will of the majority. If government is the doing of
justice according to public sentiment, government is the expression
and application of a spiritually and intellectually educated public
sentiment, since the knowledge of what is just comes only after a
course of spiritual and intellectual education, and the forms and
methods of government should be such as are adapted to such spiritual
and intellectual education. Education takes place by direct personal
contact, and can best be accomplished only through the establishment
of permanent groups of individuals who are all under the same
conditions. The formation and expression of a just public sentiment,
therefore, requires the establishment of permanent groups of persons,
more or less free from any external control which interferes with
their rightful action, under a leadership which makes for their
spiritual and intellectual education in justice. Such permanent groups
within territorial limits of suitable size for developing and
expressing a just public sentiment, are free states. Territorial
divisions of persons set apart for the purpose of convenience in
determining the local public sentiment, regardless of its justness or
unjustness, are not states, but are mere voting districts. Just public
sentiment, for its expression and application, requires the existence
of many small free states, disconnected to the extent necessary to
enable each to be free from all improper external control in educating
itself in the ways of justice; mere public sentiment, for its
expression and application, requires only the existence of a few great
states, unitary in their form and divided into voting districts. Just
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account