International law; Natural law; War (International law)
VI. The moral power then of governing a state, which is called by
Thucydides the civil power, is described as consisting of three parts
which form the necessary substance of every state; and those are the
right of making its own laws, executing them in its own manner, and
appointing its own magistrates. Aristotle, in the fourth book of his
Politics, comprises the sovereignty of a state in the exercise of the
deliberative, executive, and judicial powers. To the deliberative
branch he assigns the right of deciding upon peace or war, making or
annulling treaties, and framing and passing new laws. To these he
adds the power of inflicting death, banishment, and forfeiture, and
of punishing also for public peculation. In the exercise of judicial
power, he includes not only the punishment of crimes and misdemeanors,
but the redress of civil injuries.[13] Dionysius of Halicarnassus,
points out three distinguishing marks of sovereign power; and those
are, the right of appointing magistrates, the right of enacting and
repealing laws, and the right of making war and peace. To which, in
another part, he adds the administration of justice, the supreme
authority in matters of religion, and the right of calling general
councils.
A true definition comprehends every possible branch of authority that
can grow out of the possession and exercise of sovereign power. For
the ruler of every state must exercise his authority either in person,
or through the medium of others. His own personal acts must be either
general or special. He may be said to do GENERAL acts in passing or
repealing laws, respecting either temporal matters, or spiritual
concerns, as far as the latter relate to the welfare of the state. The
knowledge of these principles is called by Aristotle the masterpiece in
the science of government.
The particular acts of the Sovereign are either directly of a public
nature, or a private, but even the latter bear reference to his public
capacity. Now the acts of the sovereign executive power of a directly
public kind are the making of peace and war and treaties, and the
imposition of taxes, and other similar exercises of authority over the
persons and property of its subjects, which constitute the sovereignty
of the state. Aristotle calls the knowledge of this practice political
and deliberative science.
The private acts of the sovereign are those, in which by his authority,
disputes between individuals are decided, as it is conducive to the
peace of society that these should be settled. This is called by
Aristotle the judicial power. Thus the acts of the sovereign are
done in his name by his magistrates or other officers, among whom
ambassadors are reckoned. And in the exercise of all those rights
sovereign power consists.
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