Under what general idea then should the act by which government is instituted be conceived as falling? I will begin by stating that the act is complex, as being composed of two others—the establishment' of the law and its execution.
By the former, the Sovereign decrees that there shall be a governing body established in this or that form; this act is clearly a law.
By the latter, the people nominates the rulers who are to be entrusted1 with the government that has been established. This nomination2, being a particular act, is clearly not a second law, but merely a consequence of the first and a function of government.
The difficulty is to understand how there can be a governmental act before government exists, and how the people, which is only Sovereign or subject, can, under certain circumstances, become a prince or magistrate4.
It is at this point that there is revealed one of the astonishing properties of the body politic5, by means of which it reconciles apparently6 contradictory7 operations; for this is accomplished8 by a sudden conversion9 of Sovereignty into democracy, so that, without sensible change, and merely by virtue10 of a new relation of all to all, the citizens become magistrates11 and pass from general to particular acts, from legislation to the execution of the law.
This changed relation is no speculative12 subtlety13 without instances in practice: it happens every day in the English Parliament, where, on certain occasions, the Lower House resolves itself into Grand Committee, for the better discussion of affairs, and thus, from being at one moment a sovereign court, becomes at the next a mere3 commission; so that subsequently it reports to itself, as House of Commons, the result of its proceedings15 in Grand Committee, and debates over again under one name what it has already settled under another.
It is, indeed, the peculiar16 advantage of democratic government that it can be established in actuality by a simple act of the general will. Subsequently, this provisional government remains17 in power, if this form is adopted, or else establishes in the name of the Sovereign the government that is prescribed by law; and thus the whole proceeding14 is regular. It is impossible to set up government in any other manner legitimately18 and in accordance with the principles so far laid down.
点击收听单词发音
1 entrusted | |
v.委托,托付( entrust的过去式和过去分词 ) | |
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2 nomination | |
n.提名,任命,提名权 | |
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3 mere | |
adj.纯粹的;仅仅,只不过 | |
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4 magistrate | |
n.地方行政官,地方法官,治安官 | |
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5 politic | |
adj.有智虑的;精明的;v.从政 | |
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6 apparently | |
adv.显然地;表面上,似乎 | |
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7 contradictory | |
adj.反驳的,反对的,抗辩的;n.正反对,矛盾对立 | |
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8 accomplished | |
adj.有才艺的;有造诣的;达到了的 | |
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9 conversion | |
n.转化,转换,转变 | |
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10 virtue | |
n.德行,美德;贞操;优点;功效,效力 | |
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11 magistrates | |
地方法官,治安官( magistrate的名词复数 ) | |
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12 speculative | |
adj.思索性的,暝想性的,推理的 | |
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13 subtlety | |
n.微妙,敏锐,精巧;微妙之处,细微的区别 | |
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14 proceeding | |
n.行动,进行,(pl.)会议录,学报 | |
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15 proceedings | |
n.进程,过程,议程;诉讼(程序);公报 | |
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16 peculiar | |
adj.古怪的,异常的;特殊的,特有的 | |
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17 remains | |
n.剩余物,残留物;遗体,遗迹 | |
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18 legitimately | |
ad.合法地;正当地,合理地 | |
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