Читать книгу History of the Origin of Representative Government in Europe - Guizot François - Страница 73

The opposite hypothesis, which places the origin of society in the family and in the right of the father over his children, is less objectionable, but it is incomplete. There is, certainly, a form of society among parents and their rising offspring; but it is a society in some sort unilateral, and of which one of the parties has not any true consciousness. Society, whether in the family or out of the family, is only complete when all its members, those who command as well as those who obey, recognize, more or less vaguely, a certain superior rule, which is neither the arbitrary caprice of will, nor the effect of force alone. The idea of society, therefore, implies necessarily another idea, that of government; and the idea of government contains in it two others, the idea of a collection of individuals, and that of a rule which is applicable to them,—a rule which constitutes the right of the government itself; a rule which the individuals who submit to it have not themselves created, and to which they are morally bound to submit. No government ever totally disregarded this supreme rule, none ever proclaimed force or caprice as the only law of society. In seeking the principle of government, we have found the principle of social right to be the primary source of all legitimate sovereignty. In this law of laws, in this rule of all government, resides the principle of government.

Two important questions now present themselves. How is the law formed, and how is it applied? In this lies the distinctive character of the various forms of government; in this they differ.