Political institutions have only two possible sources. They either come
directly from the nation which has to live under them, or they are
invented by a powerful people and imposed on all the States that fall
within its sphere of influence.
There is no difficulty in the first hypothesis. A people obviously
adapts its institutions to its wants and instincts; and will beware of
laying down any rule which may thwart the one or the other. If, by some
lack of skill or care, such a rule is laid down, the consequent feeling
of discomfort leads the people to amend its laws, and put them into more
perfect harmony with their express objects. In every autonomous State,
the laws, we may say, always emanate from the people; not generally
because it has a direct power of making them, but because, in order to
be good laws, they must be based upon the people’s point of view, and be
such as it might have thought out for itself, if it had been better
informed. If some wise law-giver seems, at first sight, the sole source
of some piece of legislation, a nearer view will show that his very
wisdom has led him merely to give out the oracles that have been
dictated by his nation. If he is a judicious man, like Lycurgus, he will
prescribe nothing that the Dorian of Sparta could not accept. If he is a
mere doctrinaire, like Draco, he will draw up a code that will soon be
amended or repealed by the Ionian of Athens, who, like all the children
of Adam, is incapable of living for long under laws that are foreign to
the natural tendencies of his real self. The entrance of a man of genius
into this great business of law-making is merely a special manifestation
of the enlightened will of the people; if the laws simply fulfilled the
fantastic dreams of one individual, they could not rule any people for
long. We cannot admit that the institutions thus invented and moulded by
a race of men make that race what it is. They are effects, not causes.
Their influence is, of course, very great; they preserve the special
genius of the nation, they mark out the road on which it is to travel,
the end at which it must aim. To a certain extent, they are the hothouse
where its instincts develop, the armoury that furnishes its best weapons
for action. But they do not create their creator; and though they may be
a powerful element in his success by helping on the growth of his innate
qualities, they will fail miserably whenever they attempt to alter
these, or to extend them beyond their natural limits. In a word, they
cannot achieve the impossible.
Public-domain text, read in full here on John Shaqi.
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