As all these functions, and also the means required to execute them, are
matters which regard the whole body of the dominion, that is, are
affairs of state, it follows that affairs of state depend on the
direction of him only who holds supreme dominion. And hence it follows
that it is the right of the supreme authority alone to judge the deeds
of every individual, and demand of him an account of the same; to punish
criminals, and decide questions of law between citizens, or appoint
jurists acquainted with the existing laws, to administer these matters
on its behalf; and, further, to use and order all means to war and
peace, as to found and fortify cities, levy soldiers, assign military
posts, and order what it would have done, and, with a view to peace, to
send and give audience to ambassadors; and, finally, to levy the costs
of all this.
Since, then, it is the right of the supreme authority alone to handle
public matters, or choose officials to do so, it follows that that
subject is a pretender to the dominion, who, without the supreme
council's knowledge, enters upon any public matter, although he believe
that his design will be to the best interest of the commonwealth.
But it is often asked, whether the supreme authority is bound by laws,
and, consequently, whether it can do wrong. Now as the words "law" and
"wrong-doing" often refer not merely to the laws of a commonwealth, but
also to the general rules which concern all natural things, and
especially to the general rules of reason, we cannot, without
qualification, say that the commonwealth is bound by no laws, or can do
no wrong. For were the commonwealth bound by no laws or rules, which
removed, the commonwealth were no commonwealth, we should have to regard
it not as a natural thing, but as a chimera. A commonwealth then does
wrong, when it does, or suffers to be done, things which may be the
cause of its own ruin; and we can say that it then does wrong, in the
sense in which philosophers or doctors say that Nature does wrong; and
in this sense we can say, that a commonwealth does wrong, when it acts
against the dictate of reason. For a commonwealth is most independent
when it acts according to the dictate of reason; so far, then, as it
acts against reason, it fails itself, or does wrong. And we shall be
able more easily to understand this if we reflect that when we say, that
a man can do what he will with his own, this authority must be limited
not only by the power of the agent, but by the capacity of the object.
If, for instance, I say that I can rightfully do what I will with this
table, I do not certainly mean that I have the right to make it eat
grass. So, too, though we say, that men depend not on themselves, but on
the commonwealth, we do not mean, that men lose their human nature and
put on another; nor yet that the commonwealth has the right to make men
wish for this or that, or (what is just as impossible) regard with
honor things which excite ridicule or disgust.
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