The Eve of the French Revolution by Edward J. (Edward Jackson) Lowell
page 307 of 421 (72%)
page 307 of 421 (72%)
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means of general decrees, which only can properly be called laws. "Now
the sovereign, being made up only of the individuals which compose it, has and can have no interest opposed to theirs; therefore the sovereign power need not provide its subject with any guarantee, because it is impossible that the body should wish to injure its members," and as the nature of its action is general and not particular, it cannot injure one individual without doing harm to all the others at the same time. "The sovereign, by the very fact of its existence, is always what it ought to be." The general will is always right and always tends to public utility, says Rousseau, but it does not follow that the decisions of the people are always equally correct. Man always wills his own good, but does not always see it. The people is never corrupt, but often deceived, and in the latter case only does it seem to will what is evil. If there were no parties in the state, the people, if sufficiently informed, would always vote rightly, for the little differences in private interests would balance each other, and the resulting average would be the general will. But through parties and associations this result is prevented. A nation may change its laws when it pleases, even the best of them; for if it likes to hurt itself, who has the right to say it nay? Sovereignty is inalienable, for power is transmissible, but not will. Sovereignty consists essentially in the general will, and the general will cannot be represented. It is the same, or it is other; there is no intermediate point. The deputies of the people cannot be its representatives; they can only be its agents; they can conclude nothing definitely. Any law that the people has not ratified in its assembly is null; it is not a law. The English nation thinks itself free. It is much mistaken. It is free only during the election of members of Parliament. |
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