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And if thy Brother that dwelleth by thee be waxen poor, thou shalt not compell him to serve as a bond Slave but a hired Servant and a Sojourner, he shall be with thee till the Year of Jubilee —And For they are my Servants which I have brought forth out of the Land of Egypt, they shall not be sold as Bond-men.
Both thy Bond-men and thy Bond-maids which thou shalt have, shalt be of the Heathen round about you. If therefore the Hebrew Servitude be considered as a Precedent for absolute Monarchy, we shall find it still weaker than the former, for hereby Slavery between Equals is forbidden, and the Permission with Regard to the Heathens can only be considered as a Consequence of the revealed Law, for in the State of Nature all Men are equally Orthodox, equally Heretick, equally Jews and equally Pagans; nay, even these could not be used with Rigour by their Masters, as the above Passage of Exodus shews.
Let us now consider what is the Surrender allowed by the natural Law, and what are the Bounds thereof; and that on this Occasion the Argument of the Author may be taken in its full Extent—Let us examine what he himself says in another Part of this Work, concerning this Servitude, L.
But if the Master is obliged to give the Servant Necessaries, where shall we find out the Right or even Impunity which he hath of putting him to Death: But if by Impunity this passive Obedience of the Slave is meant, we may venture to say, that as great a Man at he was, he was either asleep when he wrote this Paragraph, or suffered himself to be misled by a Desire of flattering his Pattern Lewis XIII. Let this Matter therefore be taken on the footing of natural Servitude, we find it impossible for a Person Edition: It would be pedantry to prove the Disuse of this voluntary Slavery among Christians.
If therefore by all the Laws we meet with, no Man can totally transfer a Right over to a third, how much less can he transfer those of his Posterity; certainly he cannot give over them a Power, which he hath not over himself; nay, it is the Opinion of Puffendorf that the Children of contract Slaves cannot by the Law of Nature be made so, without an express Limitation in the Contract; but the Nutriture Edition: If therefore this intire Surrender of Rights by a People, be compared to the Reduction of a Particular into private Servitude, we see that it cannot be absolute, it cannot bind their Posterity: If it is not absolute, the Moment the Grantee begins to transgress the Limits which are tacitly set to the Grant, they have all a Right to resist and call him to Account: But to whom is this Account to be given?
Why, no one, as the Grantee acknowledges no superior; consequently with Regard to him the People are reduced into a State of Nature, their Government is dissolved and perpetual Confusion and Sedition introduced. Thus if there be no Power superior to the executive Magistrate, it may often happen that a Particular falsly thinking himself injured, may take Edition: Is it not much better therefore to have some Power superior to the executive Magistrate, to whom the injured may have Recourse for Redress, and by leaving this Supremacy in the Hands of the People as it ought always to be, prevent the Magistrate from daring to injure Particulars, or punish the latter for any seditious Attempts whatsoever.
But indeed we have wasted too much Time in confuting this Objection, as there can be no Instance given of a People ever voluntarily surrendering themselves in this Manner. The Author here places the supreme Power in the Hands of the People, that he may with more Facility deprive them of it. We admit that it is in their Breast to chuse what Form of Government they please; but by Forms, are only to be understood, Forms of administring it: For as to the Choice which the People must make of submitting servily to one or more Persons, it is not what can properly be called the Choice of a Form of Government, but the immediate Introduction of Tyranny, and a paving a Way to Anarchy and Confusion, for the two latter generally are the Consequences of the former; it being very remarkable that those People who live under despotic Rule, when once they shake off the Fear thereof, assume a Temper of Mind tyrannical in proportion to their former Servility, and set no Bounds to their Licentiousness, but as before they were almost on a footing with Beasts, they then assume to themselves a Power almost superior to that of the Divinity.
But of what Use can so ridiculous a Choice or voluntary Surrender of Right be to a People, or in what Manner can it promote a Scheme or Design of instituting civil Government?
Or can more Edition: Because being in Danger of their Lives they have no other Means of Defence. When pressed with Want they cannot obtain other Conditions. The Author here mentions the Surrender which the Campani made of themselves to the Romans, when they could obtain the Assistance of the latter on no other Terms—But by this nothing more can be meant, than the submitting themselves to the Romans as an executive Power, or rather the incorporating themselves into that State; or more probably is meant a perpetual Engagement with them, never on any pretence to assist their Enemies, Liv.
That the last was the Case, appears most probable from the Manner in which the Roman Consuls addressed the Ambassadors of that people, Liv. Calling them not only Allies, but reproaching to them the Communication which they had obtained of the Quiritial Rights.
The first Case here mentioned is that of Conquest, in this place therefore we must consider how Edition: Whether a Conqueror hath a Right to extend his Power so far over a conquered State, as to dissolve the Government thereof, will be the sole Question. Two Nations at War, resemble two Particulars in a State of Nature, attacking each other, and defending themselves by Violence; if we consider therefore the Limits the natural Law hath set to a violent Defence in the State of Nature, we shall at the same Time, see what Limits a Conqueror should observe in his Treatment of the Conquered.
All Authors agree, that in a State of Nature, a Man is allowed to defend himself, whenever he is attacked, and continue that Defence till he is out of Danger, hath obtained Reparation of Damages, and sufficient Security from the Offender, for his future good Behaviour; and if he carries his Violence beyond these Limits, he becomes the Aggressor: Now if two Nations at War, resemble two Particulars at Variance in a State of Nature, the Rules to be observed must be the same; and it is hardly to be imagined, that this Dissolution of either, is Edition: The principal Argument he makes use of, is, that as one Man may be reduced into Slavery, when conquered in War, so may a whole State.
But as Dissolution of Governments, is tantamount to a natural Death of a Man, by what Right can they be acquired by Conquest, as by this very Acquisition, the very Object on the Consideration of which a Man is obliged to submit to Servitude, is taken away. Another Reason of this Practice indeed is given at present, which can be the only one assigned; that the making Men slave, is only made use of by Way of Reprisals; but as States, though similar Edition: Conquest, therefore can be only properly admitted to take Place in Cases, where the Conquered had before made use of that Title to enslave the now Victor, a Case which it is hard to imagine will ever exist.
As for the Case our Author puts of a People fallen into great Necessity, and selling themselves to some one or other: It is very hard to imagine a People reduced to that low Ebb; but if that be ever so, the Government must necessarily first be dissolved, and such a Contract must be regarded as a Sale of the different Particulars, under the Restriction mentioned above.
After these two, our Author puts a Case of a Father of a Family, who, possessed of large Demesnes, will not receive any into them, unless on the Terms of being vested with supreme Power. At present, it is impossible for such Case to exist, since no Man possesses any Spot of Ground Pleno jure, but some State or other claims eminent Property over all the Lands in the habitable World.
The next Case our Author puts is of a Master, who having many Slaves, will only manumitt them on this Condition. What a way of arguing is this. If he be subject to a supreme Power, I would fain know, what Power there is, who would permit such Conditions to be annexed to Manumission? If our Author speaks of one in a natural State, what Right hath a Man to have any Slaves at all; or admitting that he hath, what would such Slaves be the better by a Manumission, when loaded with these Conditions?
And what would the Terms of the Grant be? Why this, I free you from Slavery, provided you let me preserve the same Power over you, which I have at present. Doth not every one know, that by all Manner of Laws, Conditions so clearly repugnant to the Body of the Grant are void; and in either of these Cases, where are we to find the original Convention of the Particulars to each other, without which, no Society can subsist?
Being hard pressed for Arguments, whereby to deprive the People of their Supremacy, he tells us that some Men are by Nature Slaves, i. Though this is a Notion which can have but very little Weight, let it be for once granted, yet it doth not follow from thence that those People are to be made Slaves, as they will Edition: In some Case, again he says, it may be expedient for a People to submit itself to the Government of one Man, as the Case of the Roman Commonwealth under Augustus.
No one pretends to say, that the supreme Power is lodged in such a Manner in the Hands of the People that they are always to execute it, though the oftner they do the better but all that is contended for, is that they should have such a Supremacy, as may be a Check on the executive Magistrate, and prevent him from doing any thing which exceeds the Limits of the Commission they have intrusted him with, and at the same Time, call him to account, and punish him for his Misdeeds.
Where the Necessity was for the Roman Commonwealth to be reduced under despotick Government at that time, the Author only tells us, by inserting in his Notes a Quotation from Seneca, in which he imputes this Necessity chiefly to the depraved Manners of his Countrymen, and their Corruption; Causes which have been assigned, with Justice, for the Ruin of many States; but few doubt but that those Causes might have been removed by other Means, which might receive the Name of Remedies; but what Name shall we give to that Medicine, which instead of healing particular Wounds, destroys the whole Body?
It is indeed declaring one self an Advocate for Tyranny, to instance the State of the Roman Commonwealth, even under Augustus, as a Precedent for absolute Monarchies, for he had not the least Shadow of a Title to the Post he usurped, not a Surrender of the People, not a free Choice of such a Government; for many had been fighting against the Usurpation of his Uncle, among whom were all those, who had any Property to lose, not even the specious Plea of Conquest, or Purchase of Victuals, Lands or Freedom; so that all his Power was direct Tyranny and Usurpation, and every private Roman Citizen had a Right to destroy him, and punish him for his Iniquity; and that many thought so, though they failed in the glorious Execution of their Design, appears from the whole History of his Reign.
I shall only remark here a very common Distinction, in the Roman Law, of Objects negotiable, and not negotiable; now free Persons were of the latter Species, and to these Governments are compared, consequently the latter are not to be acquired as Effects of the other Species. After this, we must descend to consider what Edition: As to the Phrases of Scripture, and of profane Writers, who says Kings are set over People; that implies nothing more, that they are the Principal of the Particulars, not unaccountable for their Actions to the collective Body: Essay on National vs State Government What role is to be played by the nation and state in an increasingly global world?
How does one read the rise of nationalism under such conditions? These questions can only be answered if one takes apart the taken-for-granted language of the nation and remembers that, while the State is a political machine-the product of a kind of instrumental, rationalizing, divisive modernity-the nation is the collective representation of a kind of cultural consciousness. Nationalism is thus a form of cultural expression, quite distinct from patriotism which seems to be a blind allegiance to a false god, although there are reasons for their relationship.
Thus, it is dependent upon the existence of both a nation and a state. Following Weber, the State is defined as the political institution that centralizes control over the means of violence Qtd in Gellner, 3. A nation can be defined in two ways. Second, there seems to be the need for members of a nation to recognize that shared culture and identity, which in effect is a loyalty to, and a consciousness of, the idea of the nation.
Gellner thus takes a somewhat functionalist view of the nation and the state, by seeking to understand it in terms of both a cultural system and recognition of voluntary action.
Craig Calhoun, by contrast, suggests that: The history of nation, in short, is not a story of the inheritance of primordial ethnic identities. Nor is it a narrative in which purely arbitrary boundaries are imposed by sheer force of will of indifferent populations. It is, rather, an aspect of the creation of social integrated political communities in which a large scale, identity-forming collective discourse was possible Calhoun goes on to suggest a number of factors that influenced this transformation.
One was ideological, that is, the transformation of categories such as the people altering understanding of the sources of political legitimacy. A second was material, or technological, as advances in transport and communications allowed people to stay in touch with friends and family around the nation.
An economic factor and a political factor-the growing administrative power of the State-were also key influences. Herein lies the contradiction: A Weberian perspective would understand this in terms of the mutually beneficial co-existence of different forms of rationality.
State thus provided democracies with a tacit assumption of the boundaries of the political community, and democratic theory had-and has-little coherent answer to why such boundaries should exist Calhoun,
Free Government papers, essays, and research papers. The Evolution of State and Local Government - The Evolution of State and Local Government If you ask most people today what level of government they have the most involvement with and that impacts their lives the most, they will undoubtedly respond with, “the State and local .
Free Essay: Government Government! You can't live with it! You can't live without it! It is the "common cold" that everyone dreads. The American.
Free example essay on Government. Free sample research paper on Government topic. At dommonet.tk you will find a lot of free essays, term papers and research papers about government. At one moment or another you've must asked yourself what is government and what role does it play in our lives. In its simplest form, a government determines the way in which a country, state, county, township, city, college, or village is run. At every level, government makes laws that citizens 3/5(9).
"An Essay On Government" "The purpose of government," as Thomas Jefferson said, "is to allow for the preservation of life and liberty, and the pursuit of happiness. 19 (Note the use of the words "allow" and "pursuit."). Feb 21, · Free Essays from Bartleby | enough to enforce the already existing laws and this is exactly what in all these many words I have been trying to put forward.