Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
THIS will naturally lead us into a short enquiry concerning the nature
of society and civil government; and the natural, inherent right that
belongs to the sovereignty of a state, wherever that sovereignty be
lodged, of making and enforcing laws.
THE only true and natural foundations of society are the wants and the
fears of individuals. Not that we can believe, with some theoretical
writers, that there ever was a time when there was no such thing as
society; and that, from the impulse of reason, and through a sense of
their wants and weaknesses, individuals met together in a large plain,
entered into an original contract, and chose the tallest man present
to be their governor. This notion, of an actually existing unconnected
state of nature, is too wild to be seriously admitted; and besides it
is plainly contradictory to the revealed accounts of the primitive
origin of mankind, and their preservation two thousand years
afterwards; both which were effected by the means of single families.
These formed the first society, among themselves; which every day
extended it's limits, and when it grew too large to subsist with
convenience in that pastoral state, wherein the patriarchs appear to
have lived, it necessarily subdivided itself by various migrations
into more. Afterwards, as agriculture increased, which employs and can
maintain a much greater number of hands, migrations became less
frequent; and various tribes, which had formerly separated, re-united
again; sometimes by compulsion and conquest, sometimes by accident,
and sometimes perhaps by compact. But though society had not it's
formal beginning from any convention of individuals, actuated by their
wants and their fears; yet it is the _sense_ of their weakness and
imperfection that _keeps_ mankind together; that demonstrates the
necessity of this union; and that therefore is the solid and natural
foundation, as well as the cement, of society. And this is what we
mean by the original contract of society; which, though perhaps in no
instance it has ever been formally expressed at the first institution
of a state, yet in nature and reason must always be understood and
implied, in the very act of associating together: namely, that the
whole should protect all it's parts, and that every part should pay
obedience to the will of the whole; or, in other words, that the
community should guard the rights of each individual member, and that
(in return for this protection) each individual should submit to the
laws of the community; without which submission of all it was
impossible that protection could be certainly extended to any.
Public-domain text, read in full here on John Shaqi.
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