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the science of right-第27章

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drawing interest from them; not for the wants of the state as such;

which is rich; but for those of the people。 And this is not to be done

merely by voluntary contributions; but by compulsory exactions as

state…burdens; for we are here considering only the right of the state

in relation to the people。 Among the voluntary modes of raising such

contributions; lotteries ought not to be allowed; because they

increase the number of those who are poor; and involve danger to the

public property。 It may be asked whether the relief of the poor

ought to be administered out of current contributions; so that every

age should maintain its own poor; or whether this were better done

by means of permanent funds and charitable institutions; such as

widows' homes; hospitals; etc。? And if the former method is the

better; it may also be considered whether the means necessary are to

be raised by a legal assessment rather than by begging; which is

generally nigh akin to robbing。 The former method must in reality be

regarded as the only one that is conformable to the right of the

state; which cannot withdraw its connection from any one who has to

live。 For a legal current provision does not make the profession of

poverty a means of gain for the indolent; as is to be feared is the

case with pious foundations when they grow with the number of the

poor; nor can it be charged with being an unjust or unrighteous burden

imposed by the government on the people。

  2。 The state has also a right to impose upon the people the duty

of preserving children exposed from want or shame; and who would

otherwise perish; for it cannot knowingly allow this increase of its

power to be destroyed; however unwelcome in some respects it may be。

But it is a difficult question to determine how this may most justly

be carried out。 It might be considered whether it would not be right

to exact contributions for this purpose from the unmarried persons

of both sexes who are possessed of means; as being in part responsible

for the evil; and further; whether the end in view would be best

carried out by foundling hospitals; or in what other way consistent

with right。 But this is a problem of which no solution has yet been

offered that does not in some measure offend against right or

morality。

  3。 The church is here regarded as an ecclesiastical establishment

merely; and as such it must be carefully distinguished from

religion; which as an internal mode of feeling lies wholly beyond

the sphere of the action of the civil power。 Viewed as an

institution for public worship founded for the people… to whose

opinion or conviction it owes its origin… the church establishment

responds to a real want in the state。 This is the need felt by the

people to regard themselves as also subjects of a Supreme Invisible

Power to which they must pay homage; and which may of be brought

into a very undesirable collision with the civil power。 The state

has therefore a right in this relation; but it is not to be regarded

as the right of constitutional legislation in the church; so as to

organize it as may seem most advantageous for itself; or to

prescribe and command its faith and ritual forms of worship (ritus);

for all this must be left entirely to the teachers and rulers which

the church has chosen for itself。 The function of the state in this

connection; only includes the negative right of regulating the

influence of these public teachers upon the visible political

commonwealth; that it may not be prejudicial to the public peace and

tranquility。 Consequently the state has to take measures; on

occasion of any internal conflict in the church; or on occasion of any

collision of the several churches with each other; that civil

concord is not endangered; and this right falls within the province of

the police。 It is beneath the dignity of the supreme power to

interpose in determining what particular faith the church shall

profess; or to decree that a certain faith shall be unalterably

held; and that the church may not reform itself。 For in doing so;

the supreme power would be mixing itself up in a scholastic wrangle;

on a footing of equality with its subjects; the monarch would be

making himself a priest; and the churchmen might even reproach the

supreme power with understanding nothing about matters of faith。

Especially would this hold in respect of any prohibition of internal

reform in the church; for what the people as a whole cannot

determine upon for themselves cannot be determined for the people by

the legislator。 But no people can ever rationally determine that

they will never advance farther in their insight into matters of

faith; or resolve that they will never reform the institutions of

the church; because this would be opposed to the humanity in their own

persons and to their highest rights。 And therefore the supreme power

cannot of itself resolve and decree in these matters for the people。

As regards the cost of maintaining the ecclesiastical establishment;

for similar reasons this must be derived not from the public funds

of the state; but from the section of the people who profess the

particular faith of the church; and thus only ought it to fall as a

burden on the community。



  D。 The Right of Assigning Offices and Dignities in the State。



  The right of the supreme authority in the state also includes:

  1。 The distribution of offices; as public and paid employments;

  2。 The conferring of dignities; as unpaid distinctions of rank;

founded merely on honour; but establishing a gradation of higher and

lower orders in the political scale; the latter; although free in

themselves; being under obligation determined by the public law to

obey the former so far as they are also entitled to command;

  3。 Besides these relatively beneficent rights; the supreme power

in the state is also invested with the right of administering

punishment。

  As regards civil offices; the question arises as to whether the

sovereign has the right; after bestowing an office on an individual;

to take it again away at his mere pleasure; without any crime having

been committed by the holder of the office。 I say; 〃No。〃 For what

the united will of the people would never resolve; regarding their

civil officers; cannot (constitutionally) be determined by the

sovereign regarding them。 The people have to bear the cost incurred by

the appointment of an official; and undoubtedly it must be their

will that any one in office should be completely competent for its

duties。 But such competency can only be acquired by a long preparation

and training; and this process would necessarily occupy the time

that would be required for acquiring the means of support by a

different occupation。 Arbitrary and frequent changes would

therefore; as a rule; have the effect of filling offices with

functionaries who have not acquired the skill required for their

duties; and whose judgements had not attained maturity by practice。

All this is contrary to the purpose of the state。 And besides it is

requisite in the interest of the people that it should be possible for

every individual to rise from a lower office to the higher offices; as

these latter would otherwise fall into incompetent hands; and that

competent officials generally should have some guarantee of

life…long provision。

  Civil dignities include not only such as are connected with a public

office; but also those which make the possessors of them; without

any accompanying services to the state; members of a higher class or

rank。 The latter constitute the nobility; whose members are

distinguished from the common citizens who form the mass of the

people。 The rank of the nobility is inherited by male descendants; and

these again communicate it to wives who are not nobly born。 Female

descendants of noble families; however; do not communicate their

rank to husbands who are not of noble birth; but they descend

themselves into the common civil status of the people。 This being

so; the question then emerges as to whether the sovereign has the

right to found a hereditary rank and class; intermediate between

himself and the other citizens? The import of this question does not

turn on whether it is conformable to the prudence of the sovereign;

from regard to his own and the people's interests; to have such an

institution; but whether it is in accordance with the right of the

people that they should have a class of persons above them; who; while

being subjects like themselves; are yet born as their commanders; or

at least as privileged superiors? The answer to this question; as in

previous instances; is to be derived from the principle that 〃what the

people; as constituting the whole mass of the subjects; could not

determine regarding themselves and their associated citizens; cannot

be constitutionally determined by the sovereign regarding the people。〃

Now a hereditary nobility is a rank which takes precedence of merit
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