The German Classics of the Nineteenth and Twentieth Centuries, Volume 07: Masterpieces of German Literature Translated into English. in Twenty Volumes
Philosophy
The German Classics of the Nineteenth and Twentieth Centuries, Volume 07: Masterpieces of German Literature Translated into English. in Twenty Volumes
German literature -- 19th century -- Translations into English; German literature -- 20th century -- Translations into English
The State cannot count on service which is capricious and voluntary (the
administration of justice by knights-errant, for instance), precisely
because it is capricious and voluntary. Such service presupposes acting
according to subjective opinion, and also the possibility of neglect and
of the realization of private ends. The opposite extreme to the
knight-errant in reference to public service would be the State-servant
who was attached to his task solely by want, without genuine duty and
right.
The efficiency of the State depends upon individuals, who, however, are
not entitled to carry on the business of the State through natural
fitness, but according to their objective qualification. Ability, skill,
character, belong to the particular nature of the individual; for a
particular office, however, he must be specially educated and trained.
An office in the State can, therefore, be neither sold nor bequeathed.
Public service demands the sacrifice of independent self-satisfaction
and the giving up of the pursuit of private ends, but grants the right
of finding these in dutiful service, and in it only. Herein lies the
unity of the universal and the particular interests which constitutes
the concept and the inner stability of the State.
The members of the executive and the officials of the State form the
main part of the middle class which represents the educated intelligence
and the consciousness of right of the mass of a people. This middle
class is prevented by the institutions of sovereignty from above and the
rights of corporation from below, from assuming the exclusive position
of an aristocracy and making education and intelligence the means for
caprice and despotism. Thus the administration of justice, whose object
is the proper interest of all individuals, had at one time been
perverted into an instrument of gain and despotism, owing to the fact
that the knowledge of the law was hidden under a learned and foreign
language, and the knowledge of legal procedure under an involved
formalism.
In the middle class, to which the State officials belong, resides the
consciousness of the State and the most conspicuous cultivation: the
middle class constitutes therefore the ground pillar of the State in
regard to uprightness and intelligence. The State in which there is no
middle class stands as yet on no high level.
THE LEGISLATURE
The legislature is concerned with the interpretation of the laws and
with the internal affairs of the State, in so far as they have a
universal content. This function is itself a part of the constitution
and thus presupposes it. Being presupposed, the constitution lies, to
that degree, outside the direct province of the legislature, but in the
forward development of the laws and the progressive character of the
universal affairs of government, the constitution receives its
development also.
Public-domain text, read in full here on John Shaqi.
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