The Online Library of Liberty

A project of Liberty Fund, Inc.

• Book I.
• Preface.
• Introduction.
• Chapter I.: General Division of the Aggregate Body of the Law.
• Chapter II.: Constitutional Law.
• Chapter III.: Civil Or Distributive Law. *
• Chapter IV.: Penal Law.
• Chapter V.: Procedure Law. †
• Chapter VI.: Financial Law.
• Chapter VII.: Prescriptions Or Bearings of the Other Codes Or Branches of Law, to the Constitutional Code.
• Chapter VIII.: Public-opinion Tribunal.
• Chapter IX.: Good Rule and Bad Rule.
• Chapter X.: Corruption.
• Chapter XI.: Delusion.
• Chapter XII.: Fiction.
• Chapter XIII.: Factitious Honour.
• Chapter XIV.: Established Religion—none.
• Chapter XV.: Supreme Constitutive.
• Chapter XVI.: Supreme Legislative.
• Chapter XVII.: Supreme Operative.
• Book II.
• Preface to the Original Edition of Book II.
• Chapter I.: Territory of This State, Name, Situation, Boundaries, Divisions.
• Chapter II.: Ends and Means.
• Chapter III.: Sovereignty, In Whom. *
• Chapter IV.: Authorities.
• Chapter V.: Constitutive Authority. *
• Chapter VI.: Legislature.
• Chapter VII.: Legislator’s Inaugural Declaration. *
• Chapter VIII.: Prime Minister.
• Chapter IX.: Ministers Collectively.
• Chapter X.: Defensive Force.
• Chapter XI.: Ministers Severally.
• Chapter XII.
• Chapter XIII.
• Chapter XV.
• Chapter XVI.: Quasi-jury.
• Chapter XVII.
• Chapter XVIII.
• Chapter XIX.: Government Advocate General.
• Chapter XX.: Eleemosynary Advocates.
• Chapter XXI.
• Chapter XXII.
• Chapter XXIII.
• Chapter XXIV.
• Chapter XXV.
• Chapter XXVI. *
• Chapter XXVII.
• Chapter XXVIII.
• Chapter XXIX.
• Chapter XXX.
• Chapter XXXI.
• Appendix.
• No. I.
• No. II.
• No. III.
• No. IV.
• No. V.
• No. VI.
• No. VII.
• No. VIII.

CHAPTER IV.

AUTHORITIES.

Enactive.

Art. 1. The Authorities which have place in this State are these:—

• 1. The Constitutive.
• 2. The Legislative.
• 3. The Administrative.
• 4. The Judiciary.

Their relations to one another are as follows:—

Enactive.

Art. 2. To the Constitutive Authority, it belongs, amongst other things, to depute and locate, as per Ch. vi. Legislature, the members composing the Legislative; and eventually, as per Ch. v. Constitutive, Section 2, 3, to dislocate them: but not to give direction, either individual or specific, to their measures, nor therefore to reward or punish them, except in so far as relocation may operate as reward, and dislocation as punishment; or, in so far as, at the instance of the Constitutive, punishment may come to be eventually applied to them by the hands of succeeding Legislatures, as per Ch. v. Constitutive. Section 2, 3, Ch. vi. Legislature. Section 28, Legislation penal judicatory.

Enactive.

Art. 3. To the Legislative it belongs, amongst other things, to locate the Chiefs of the two other departments; and eventually to dislocate them: to give—not general only, but upon occasion, individual direction to their conduct, as well as to that of all the several functionaries respectively subordinate to them: eventually also to punish them, in case of non-compliance with its directions.

Enactive.

Art. 4. To the Administrative it belongs, amongst other things, to give execution and effect to the ordinances of the Legislative in so far as regards the persons and things placed under its special direction, by the Legislative: to wit, in so far as litis-contestation has not place.

Enactive.

Art. 5. To the Judiciary it belongs, amongst other things, to give execution and effect to the ordinances of the Legislative, in so far as litis-contestation has place: to wit, either as to the question of law, or as to the question of fact.

Enactive. Expositive.

Art. 6. Taken together, the Legislative and the Administrative compose the Government; the Administrative and the Judiciary, the Executive; the Legislative and the Executive, what may be termed the Operative, as contradistinguished from the Constitutive.

Expositive.

Art. 7. Note, as to the word supreme. If attached anywhere to the name of any authority,—to no other authority than those in the same department, can it be understood to bear reference. Thus may be spoken of a Supreme Administrative, and a Supreme Judiciary; although, with reference to Supreme Legislature, they are both of them subordinate, as is the Legislative itself to the Constitutive.

Enactive.

Art. 8. So many of these supreme authorities, the Constitutive included, which is supreme over all the others, so many Departments: to each authority, a department.

Enactive.

Art. 9. The Legislature has under it as many Sub-legislatures, as in the territory of the state here are Districts: to each District a Sub-legislature.

Enactive.

Art. 10. Within the Administrative Department are Sub-departments, thirteen in number. For their appellations see Ch. ix. Section 2.

Enactive. Instructional.

Art. 11. In the case of the Legislative Department, the source of distinction and division is, as will be seen, furnished partly by the local, partly by the logical, field of service: in the case of the Supreme Legislature, both fields being without limit; in the case of the Sub-legislatures, both of them limited, as per Ch. xxix. Sub-legislatures: in the case of the Administrative Department, this same source is furnished by the logical field alone: as for instance, Election, Legislation, Army, &c., as per Ch. xi. Ministers severally: in each of the Sub-departments, so denominated, the authority of the head functionary extends over the whole territory of the state.

Enactive. Expositive.

Art. 12. In the Legislative Department and Sub-departments, the official situation is necessarily many-seated: the power, accordingly, fractionized: in the Legislature, seats as many as in the territory there are districts: in each Sub-legislature, seats as many as in the District there are Sub-districts.

Enactive.

Art. 13. In both the other Departments, the official situation is in every instance single-seated. Prime Minister, one; for each Administrative Sub-department, or union of Sub-departments, Minister, one. In each Immediate and each Appellate Judicatory, Judge, but one. Over all these Judicatories, Justice Minister, one. In each District, immediately under its Sub-legislature, Sub-prime Minister, one. In each Sub-department of the District, under the Sub-legislature and the Sub-prime Minister, Minister, one. In each ultimate section of the territory of the state, Headman, one.

Enactive. Ratiocinative.

Art. 14. In each of these situations,—with and under each principal functionary, serve as many auxiliaries as he finds it necessary to depute: as to which, in the several chapters headed by the names of the several functionaries, see the section intituled Self-suppletive function. Thus, at all times, whatsoever be the quantity of business to be done, there are hands for it in sufficient number without need of retardation; and thus is promptitude maximized. Nor yet is any door thus opened to abuse. For, for no such effect are adequate causes—adequate motives—to be found. For the conduct of these his instruments, the principal is effectually responsible: and thus, in their instance, (remuneration having place in no other shape than that of power in possession,—with the power, dignity, and pay, of their respective principals, in expectancy only,) frugality is not, by the establishment of those suppletive situations, or any of them, diminished.