Democracy; France -- Politics and government; Mental efficiency
The people alone is sovereign. Therefore, though there can be individual
liberty and liberty of association, there ought to be only such
individual liberty and liberty of association as the people permits.
Liberty cannot be and ought not to be anything more than a thing
tolerated by the sovereign people. The individual may think, speak,
write, and act as he pleases, but only so far as the people will allow
him; for if he can do these things with absolute freedom, or even with
limitations which are not imposed by the people, he becomes the
sovereign power, or the power which fixed the limits of his freedom
becomes the sovereign, and the sovereignty of the people disappears.
This brings us back to the simple definition that liberty is the right
to do what we please within the limits of the law. And who makes the
law? The people. Liberty is then the right to do everything which the
people permits us to do. Nothing more; if we attempt to go beyond this,
the sovereignty of the individual begins, and the sovereignty of the
people disappears.
--But to have liberty to do only what the people permits, this is to be
free as we were under Louis XIV.--and that is not to be free at all!
So be it. There will indeed be no liberty unless the law permit it.
Surely you do not wish to be free in opposition to the law?
--The law may be tyrannical. It is tyrannical if it is unjust.--
The law has the right to be unjust. Otherwise the sovereignty of the
people would be limited and this must not be.
--Fundamental and constitutional laws might be devised to limit this
sovereignty of the people in order to guarantee such and such of the
liberties for the individual.--
And the people would then be tied! The sovereignty of the people would
be suppressed! No, the people cannot be tied. The sovereignty of the
people is fundamental and must be left intact.
--Then there will be no individual liberty?--
Only such a measure as the people will tolerate.
--Then there will be no liberty of association?
Still less; for an association is in itself a limitation of the
sovereignty of the nation. It has its own laws, which from a democratic
point of view is an absurd and monstrous incongruity. The right of
association limits the national sovereignty, just as would a free town
or sanctuary of refuge. It limits the nation, and pulls it up short in
face of its closed doors. It is a State within a State; where there is
association, there arises at once a source of organisation other than
the great organism of the popular will. It is like an animal which lives
some sort of independent life within another animal larger than itself
and which, living on that other animal, is still independent of it. In
fact there can be only one association, the association of the nation,
otherwise the sovereignty of the nation is limited, that is, destroyed.
No liberty of association can then exist.
Public-domain text, read in full here on John Shaqi.
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