But the Will of the State does not manifest itself solely by the
enactments of positive legislation. It opens to private initiative such
courses of action as may presumably be carried on satisfactorily without
the impulse and the direct control of the sovereign power. But this
concession has a temporary character, and the State is ever ready to
intervene as soon as the private management ceases to be effective. So
that even in the exercise of what seems the untrammelled will of the
individual we discern the power of the State; and the individual is free
to will something only because the sovereign power wants him to. So
that in reality this apparently autonomous particular will is the will
of the state not expressed in terms of positive legislation, there being
no need of such an expression. But since the essence of law is not in
the expression of it, but in the will which dictates it, or observes it,
or enforces the observance of it, in the will, in short, that wills it,
it follows that the law exists even though unwritten.
In the way of conclusion, then, it may be said that I, as a citizen,
have indeed a will of my own; but that upon further investigation my
will is found to coincide exactly with the will of the State, and I want
anything only in so far as the State wants me to want it.
Could it possibly be otherwise? Such an hypothesis overwhelms me at the
very thought of it. For it would come to this,--that I exist and my
state does not:--the state in which I was born, which sustained and
protected me before I saw the light of day, which formed and guaranteed
to me this communion of life; the state in which I have always lived,
which has constituted this spiritual substance, this world in which I
support myself, and which I trust will never fail me even though it does
change constantly. I could, it is true, ignore this close bond by which
I am tied and united to that great will which is the will of my country.
I might balk and refuse to obey its laws. But acting thus, I would be
indulging in what I have called velleities. My personality, unable to
transform the will of the state, would be overcome and suppressed by
it.
Let us however assume for a moment that I might in the innermost depths
of my being segregate myself. Averse to the common will and to the law
of the land, I decide to proclaim over the boundless expanse of my
thought the proud independence of my ego, as a lone, inaccessible summit
rising out of the solitude. Up to a certain point this hypothesis is
verified constantly by the manner in which my personality freely becomes
actual. But even then I do not act as a particular being: it is the
universal power that acts through my personal will.
Public-domain text, read in full here on John Shaqi.
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