Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
The _civil society_ or _State_ is an assemblage of men subject to a common
_authority_, to common _laws_--that is to say, a society whose members may
be constrained by public force to respect their reciprocal rights.
=81. The three powers.=--There results from that, that two necessary
elements enter into the idea of the State: _laws_ and _force_. The laws
are the general rules which establish beforehand and fix after
deliberation, and abstractly, the rights of each; force is the physical
restraint the public power is armed with to have the laws executed. Hence
two _powers_ in the State, the _legislative_ power and the _executive_
power--one that makes the law; the other that executes it, and to which
may generally be added a third, namely, _judiciary_ power, which, on its
part, is empowered to apply and interpret the law.[60]
=82. Sovereignty.=--These three powers emanate from a common source which
is called _sovereign_. In all States, the sovereign is the authority which
is in possession of the three preceding powers and delegates them. In an
absolute monarchy, the sovereign is the monarch, who of himself exercises
the legislative and executive power, sometimes even the judicial power. In
a democracy, the sovereign is the universality of the citizens, or the
_people_, which delegates the three powers, and even in some cases
exercises them.
As to the basis of sovereignty, two systems face each other: the _divine
right_ and the _sovereignty of the people_. In the first, the authority
emanates from God, who transmits it to chosen families; in the second,
societies, like individuals, are free arbiters, and belong to themselves;
they are answerable for their destinies; and this can only be true of the
entire society; for why should certain classes rather than others have the
privilege to decide about the fate of each? The sovereignty of the people
is then nothing else than the right of each to participate in public
power, either of himself or through his representatives. This principle
tends more and more to predominate in civilized States.
=83. Political liberty.=--Political liberty means all the guaranties which
insure to every citizen the legitimate exercise of his natural rights;
political liberty is, then, the sanction of civil liberty.
The principal of these guaranties are: 1, the _right of suffrage_, which
insures to every one his share of sovereignty; 2, the _separation of
powers_, which puts into different hands the _executive_, _legislative_,
and _judicial_ powers; 3, the _liberty of the press_, which insures the
right of minorities, and allows them to employ argument to change or
modify the ideas and opinions of the majority.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account