Econlib

The Library

Other Sites

Front Page arrow Titles (by Subject) arrow CHAP. VIII.: Of Form in the legal Part. - The Oceana and Other Works

Return to Title Page for The Oceana and Other Works

Search this Title:

CHAP. VIII.: Of Form in the legal Part. - James Harrington, The Oceana and Other Works [1656]

Edition used:

The Oceana and Other Works of James Harrington, with an Account of His Life by John Toland (London: Becket and Cadell, 1771).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


CHAP. VIII.

Of Form in the legal Part.

1. IF justice be not the interest of a government, the interest of that government will be its justice.

2. Let equity or justice be what it will, yet if a man be to judg or resolve in his own case, he resolves upon his own interest.

3. Every government, being not obnoxious to any superior, resolves in her own case.

4. The ultimat result in every government is the law in that government.

5. In absolute monarchy, the ultimat result is in the monarch.

6. In aristocracy, or regulated monarchy, the ultimat result is in the lords or peers, or not without them.

7. In democracy the ultimat result is in the people.

8. Law in absolute monarchy holds such a disproportion to natural equity, as the interest of one man to the interest of all mankind.

9. Law in aristocracy holds such a disproportion to natural equity, as the interest of a few men to the interest of all mankind.

10. Law in democracy holds such a disproportion to natural equity, as the interest of a nation to the interest of all mankind.

11. One government has much nearer approaches to natural equity than another; but in case natural equity and self-preservation com in competition, so natural is self-preservation to every creature, that in that case no one government has any more regard to natural equity than another.

12. A man may devote himself to death or destruction to save a ation, but no nation will devote it self to death or destruction to save mankind.

13. MACHIAVEL is decry’d for saying, that no consideration is to be had of what is just or injust, of what is merciful or cruel, of what is honorable or ignominious in case it be to save a state, or to preserve liberty; which as to the manner of expression Chap. IX. is crudely spoken. But to imagin that a nation will devote it self to death or destruction any more upon faith given or an ingagement therto tending, than if there had bin no such ingagement made or faith given, were not piety but folly.

14. Whersoever the power of making law is, there only is the power of interpreting the law so made.

15. God who has given his law to the soul of that man who shall voluntarily receive it, is the only interpreter of his law to that soul; such at least is the judgment of democracy. With absolute monarchy, and with aristocracy, it is an innat maxim, That the people are to be deceiv’d in two things, their RELIGION and their LAW; or that the church or themselves are interpreters of all Scripture, as the priests were antiently of the Sibyls books.

FORM of government (as to the legal part) being thus completed, is sum’d up in the three following aphorisms:

16. Absolute monarchy (for the legal part of the form) consists of such laws as it pretends God has deliver’d or given the king and priests power to interpret; or it consists of such laws as the monarch shall or has chosen.

17. Aristocracy (for the legal part of the form) consists of such laws as the nobility shall chuse or have chosen; or of such as the people shall chuse or have chosen, provided they be agreed to by their lords, or by the king and their lords.

18. Democracy (for the legal part of the form) consists of such laws as the people, with the advice of their council, or of the senat, shall chuse or have chosen.