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 constitution must alone be the firm ground on which the legislature
stands; hence it must not be created for purposes of legislation. But
the constitution not only is, its essence is also to _become_--that is,
it progresses with the advance of civilization. This progress is an
alteration which is imperceptible, but has not the form of an
alteration. Thus, for example, the emperor was formerly judge, and went
about the empire administering justice. Through the merely apparent
advance of civilization it has become practically necessary that the
emperor should gradually yield his judicial function to others, and thus
came about the transition of the judicial function from the person of
the prince to a body of judges; thus the progress of any condition is an
apparently calm and imperceptible one. In this way and after a lapse of
time a constitution attains a character quite different from what it had
before.
In the legislative power as a whole are operative both the monarchical
element and the executive. To the former belongs the final decision; the
latter as advisory element possesses concrete knowledge, perspective
over the whole in all its ramifications, and acquaintance with the
objective principles and wants of the power of the State. Finally, in
the legislature the different classes or estates are also active. These
classes or estates represent in the legislature the element of
subjective formal freedom, the public consciousness, the empirical
totality of the views and thought of the many.
The expression "The Many" [Greek: oi polloi] characterizes the empirical
totality more correctly than the customary word "All." Though one may
reply that, under this "all," children, women, etc., are obviously meant
to be excluded, yet it is more obvious that the definite expression
"all" should not be used when something quite indefinite is in question.
Public-domain text, read in full here on John Shaqi.
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