The Law of Nations. Emer de Vattel
Чтение книги онлайн.
Читать онлайн книгу The Law of Nations - Emer de Vattel страница 41
![The Law of Nations - Emer de Vattel The Law of Nations - Emer de Vattel Natural Law and Enlightenment Classics](/cover_pre945521.jpg)
§40. Of his representative character.
A political society is a moral person (prelim. §2) inasmuch as it has an understanding and a will of which it makes use for the conduct of its affairs, and is capable of obligations and rights. When therefore a people confer the sovereignty on any one person, they invest him with their understanding and will, and make over to him their obligations and rights, so far as relates to the administration of the state, and to the exercise of the public authority. The sovereign, or conductor of the state, thus becoming the depositary of the obligations and rights relative to government, in him is found the moral person, who, without absolutely ceasing to exist in the nation, acts thenceforwards only in him and by him. Such is the origin of the representative character attributed to the sovereign. He represents the nation in all the affairs in which he may happen to be engaged as a sovereign. It does not debase the dignity of the greatest monarch to attribute to him this representative character; on the contrary, nothing sheds a greater lustre on it, since the monarch thus unites in his own person all the majesty that belongs to the entire body of the nation.
§41. He is intrusted with the obligations of the nation, and invested with its rights.
The sovereign, thus clothed with the public authority, with every thing that constitutes the moral personality of the nation, of course becomes bound by the obligations of that nation, and invested with its rights.
§42. His duty with respect to the preservation and perfection of the nation.
All that has been said in chap. II. of the general duties of a nation towards itself, particularly regards the sovereign. He is the depositary of the empire, and of the power of commanding whatever conduces to the public welfare; he ought, therefore, as a tender and wise father, and as a faithful administrator, to watch for the nation, and take care to preserve it, and render it more perfect,—to better its state, and to secure it, as far as possible, against every thing that threatens its safety or its happiness.
§43. His rights in this respect.
Hence all the rights which a nation derives from its obligation to preserve and perfect itself, and to improve its state, (see §§18, <15> 20, and 23, of this book)—all these rights, I say, reside in the sovereign, who is therefore indifferently called the conductor of the society, superior, prince, &c.
§44. He ought to know the nation.
We have observed above, that every nation ought to know itself. This obligation devolves on the sovereign, since it is he who is to watch over the preservation and perfection of the nation. The duty which the law of nature here imposes on the conductors of nations is of extreme importance, and of considerable extent. They ought exactly to know the whole country subject to their authority,—its qualities, defects, advantages, and situation with regard to the neighbouring states; and they ought to acquire a perfect knowledge of the manners and general inclinations of their people, their virtues, vices, talents, &c. All these branches of knowledge are necessary to enable them to govern properly.
The prince derives his authority from the nation; he possesses just so much of it as they have thought proper to intrust him with.* If the nation has plainly and simply invested him with the sovereignty without limitation or division, he is supposed to be invested with all the prerogatives, without which the sovereign command or authority could not be exerted in the manner most conducive to the public welfare. These are called regal prerogatives, or the prerogatives of majesty.
§46. The prince ought to respect and support the fundamental laws.
But when the sovereign power is limited and regulated by the fundamental laws of the state, those laws shew the prince the extent and bounds of his power, and the manner in which he is to exert it. The prince is therefore strictly obliged not only to respect, but also to support them. The constitution and the fundamental laws are the plan on which the nation has resolved to labour for the attainment of happiness: the execution is intrusted to the prince. Let him religiously follow this plan,—let him consider the fundamental laws as inviolable and sacred rules,—and remember that the moment he deviates from them, his commands become unjust, and are but a criminal abuse of the power with which he is intrusted. He is, by virtue of that power, the guardian and defender of the laws:—and while it is his duty to restrain each daring violator of them, ought he himself to trample them under foot?* <16>
§47. He may change the laws not fundamental.
If the prince be invested with the legislative power, he may, according to his wisdom, and when the public advantage requires it, abolish those laws that are not fundamental, and make new ones. See what we have said on this subject in the preceding chapter, §34.
§48. He ought to maintain and observe the existing laws.
But while these laws exist, the sovereign ought religiously to maintain and observe them. They are the foundation of the public tranquillity, and the firmest support of the sovereign authority. Every thing is uncertain, violent, and subject to revolutions, in those unhappy states where arbitrary power has placed her throne. It is therefore the true interest