Authority in the Modern State

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Yale University Press, 1919 - Church and state - 398 pages
"This volume is some sort the sequel to a book on the problem of sovereignty which I published in March, 1917."--Preface.

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Page 39 - But the most common and durable source of factions, has been the various and unequal distribution of property. Those who hold, and those who are without property, have ever formed distinct interests in society. Those who are creditors, and those who are debtors, fall under a like discrimination. A landed interest, a manufacturing interest, a mercantile interest, a moneyed interest, with many lesser interests, grow up of necessity in civilized nations, and divide them into different classes, actuated...
Page 319 - ... a State which dwarfs its men, in order that they may be more docile instruments in its hands even for beneficial purposes — will find that with small men no great thing can really be accomplished; and that the perfection of machinery to which it has sacrificed everything will in the end avail it nothing, for want of the vital power which, in order that the machine might work more smoothly, it has preferred to banish.
Page 71 - The accumulation of all powers, legislative, executive, and judiciary, in the same hands . . . may justly be pronounced the very definition of tyranny.
Page 55 - When we speak of freedom as something to be so highly prized, we mean a positive power or capacity of doing or enjoying something worth doing or enjoying, and that, too, something that we do or enjoy in common with others.
Page 97 - As no person in this government exercises supreme executive power, or performs the public duties of a sovereign, it is difficult to see on what solid foundation of principle the exemption from liability to suit rests. It seems most probable that it has been adopted in our courts as a part of the general doctrine of publicists that the supreme power in every state, wherever it may reside, shall not be compelled, by process of courts of its own creation, to defend itself from assaults in those courts.
Page 60 - An autocratic sultan may govern without science if his whim is law. A plutocratic party may choose to ignore science, if it is heedless whether its pretended solutions of social problems that may win political triumphs ultimately succeed or fail. But no...
Page 55 - By liberty I mean the assurance that every man shall be protected in doing what he believes his duty against the influence of authority and majorities, custom and opinion.
Page 36 - The issue put before these electors was which of two rich people will you choose ? And each of those rich people was put forward by great parties whose notions were the notions of the rich — whose plans were their plans. The electors only selected one or two wealthy men to carry out the schemes of one or two wealthy associations.
Page 118 - ... The voter was omnipotent — within a limited area. He could make what laws he pleased, as long as those laws did not trench upon property right. He could elect what officers he pleased, as long as those officers did not try to do certain duties "Confided by the Constitution to the property holders. Democracy was complete as far as it went, but constitutionally it was bound to stop short of social democracy.
Page 46 - The only ground upon which the individual can give or be asked his support for the state is from the conviction that what it is aiming at is, in each particular action, good. ... It deserves his allegiance, it should receive it, only where it commands his conscience. ... Its purpose is at each stage subject to examination.

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