The State in Constitutional and International Law (Volume 25, Nos. 6-7) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1907. Not illustrated. Excerpt: ... CHAPTER III. The State According To Constitutional Law. It has already been said that the theory of an indivisible sovereignty proceeds from that view which regards it as will. Turning first to a consideration of the idea of sovereignty defined as the supreme will of the state, and to a consideration of that conception of the state in which sovereignty is supreme will, we find these inseparable ideas developed in accordance with the classification herein proposed by the analytical jurists, chief among whom are Bodin, Hobbes and Rousseau. It was Bodin who, in the latter half of the sixteenth century, laid the foundation for a scientific theory of the state. He claims, and with reason it appears, that he is the first writer to attempt accurate definition of political concepts. Not since the time of Aristotle and his "citystate," with its " self-sufficiency " as a mainspring, had such an attempt been made. To the Romans there was but the single Roman state, and a troublesome analysis of this one specimen seems to have appeared to them unnecessary; or perhaps they were too busily engaged in developing its fact to find time for its theory. Their Teutonic conquerors, likewise, seem to have had more genius for political building than for political theorizing. With the growth of the conflict between Church and State, political philosophy had, indeed, once more become a matter of importance; but there were inherent in the period deep difficulties in the way of truly scientific research. The sometimes real, sometimes shadowy, always indefinite authority of the Emperor; the intricate maze of feudal contract binding step by step from Emperor to peasant; the now waxing, now waning, power of the Papacy, here arrogant and there abased before temporal rulers--these were conditi...