Browsing By Tag "established administration"
BOOK II PRINCIPALS OF SOCIETY CHAPTER I INTRODUCTION In the preceding book we have cleared the foundations for the remaining branches of inquiry, and shown what are the prospects it is reasonable to entertain as to future political improvement. The effects which are produced by positive institutions have there been delineated, as well as the extent of the powers of man, considered in his social capacity. It is time that we proceed to those disquisitions which are more immediately the object of the present work. Political inquiry may be distributed under two heads: first, what are the regulations which will conduce to the well being of man in society; and, secondly, what is the authority which is competent to prescribe regulations. The regulations to which the conduct of men living in society ought to be con...
BOOK III Principles of Government CHAPTER V OF LEGISLATION Society can declare and interpret, but cannot enact. - Its authority only executive. HAVING thus far investigated the nature of political functions, it seems necessary that some explanation should be given upon the subject of legislation. "Who is it that has authority to make laws? What are the characteristics of that man or body of men in whom the tremendous faculty is vested of prescribing to the rest of the community what they are to perform, and what to avoid?" The answer to these questions is exceedingly simple: Legislation, as it has been usually understood, is not an affair of human competence. Immutable reason is the true legislator, and her decrees it behooves us to investigate. The functions of society extend, not to the making, but the interpreting of law; it cannot decree, it can only declare that which the nature of thing...