[Political Thought in England from Locke to Bentham by Harold J. Laski]@TWC D-Link book
Political Thought in England from Locke to Bentham

CHAPTER V
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His treatment implies a whole philosophy.
Laws are of three kinds--of nature, of God, and of the civil state.
Civil law, with which alone he is concerned, is "a rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong." It is, he tells us, "called a rule to distinguish it from a compact or agreement." It derives from the sovereign power, of which the chief character is the making of laws.
Society is based upon the "wants and fears" of men; and it is coeval with their origin.

The idea of a state of nature "is too wild to be seriously admitted," besides being contrary to historical knowledge.
Society implies government, and whatever its origins or its forms there "must be in all of them a supreme, irresistible, absolute, uncontrolled authority, in which the _jura summa imperii_, or rights of sovereignty reside." The forms of government are classified in the usual way; and the British constitution is noted as a happy mixture of them all.

"The legislature of the Kingdom," Blackstone writes, "is entrusted to three powers entirely independent of each other; first the King, secondly the lords spiritual and temporal, which is an aristocratical assembly of persons, chosen for their piety, their birth, their wisdom, their valour or their property; and, thirdly, the House of Commons, freely chosen by the people from among themselves, which makes it a kind of democracy; and as this aggregate body, actuated by different springs and attentive to different interests, composes the British Parliament and has the supreme disposal of everything; there can be no inconvenience attempted by either of the three branches, but will be withstood by one of the other two; each branch being armed with a negative power, sufficient to repel any innovation which it shall think inexpedient or dangerous." It is in the king in Parliament that British sovereignty resides.

Eschewing the notion of an original contract, Blackstone yet thinks that all the implications of it are secured.

"The constitutional government of this island," he says, "is so admirably tempered and compounded, that nothing can endanger or hurt it, but destroying the equilibrium of power between one branch of the legislature and the rest." All this is not enough; though, as Bentham was to show in his _Fragment on Government_, it is already far too much.


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