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
FOR when society is once formed, government results of course, as
necessary to preserve and to keep that society in order. Unless some
superior were constituted, whose commands and decisions all the
members are bound to obey, they would still remain as in a state of
nature, without any judge upon earth to define their several rights,
and redress their several wrongs. But, as all the members of society
are naturally equal, it may be asked, in whose hands are the reins of
government to be entrusted? To this the general answer is easy; but
the application of it to particular cases has occasioned one half of
those mischiefs which are apt to proceed from misguided political
zeal. In general, all mankind will agree that government should be
reposed in such persons, in whom those qualities are most likely to be
found, the perfection of which are among the attributes of him who is
emphatically stiled the supreme being; the three grand requisites, I
mean, of wisdom, of goodness, and of power: wisdom, to discern the
real interest of the community; goodness, to endeavour always to
pursue that real interest; and strength, or power, to carry this
knowlege and intention into action. These are the natural foundations
of sovereignty, and these are the requisites that ought to be found in
every well constituted frame of government.
HOW the several forms of government we now see in the world at first
actually began, is matter of great uncertainty, and has occasioned
infinite disputes. It is not my business or intention to enter into
any of them. However they began, or by what right soever they
subsist, there is and must be in all of them a supreme, irresistible,
absolute, uncontrolled authority, in which the _jura summi imperii_,
or the rights of sovereignty, reside. And this authority is placed in
those hands, wherein (according to the opinion of the founders of such
respective states, either expressly given, or collected from their
tacit approbation) the qualities requisite for supremacy, wisdom,
goodness, and power, are the most likely to be found.
THE political writers of antiquity will not allow more than three
regular forms of government; the first, when the sovereign power is
lodged in an aggregate assembly consisting of all the members of a
community, which is called a democracy; the second, when it is lodged
in a council, composed of select members, and then it is stiled an
aristocracy; the last, when it is entrusted in the hands of a single
person, and then it takes the name of a monarchy. All other species of
government, they say, are either corruptions of, or reducible to,
these three.
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