10.What particular institutions our Author wished to see established in this viewwhat particular duties he would have found for the legislature under this general head of duty,is not very apparent:though it is what should have appeared more precisely than it does,ere his meaning could be apprehended to any purpose.What encreases still the difficulty of apprehending it,is a practice which we have already had more than once occasion to detect him in,(99)a kind of versatility,than which nothing can be more vexatious to a reader who makes a point of entering into the sentiments of his Author.He sets out with the word `duty'in his mouth;and,in the character of a Censor,with all due gravity begins talking to us of what ought to be.`Tis in the midst of this lecture that our Proteus slips aside;puts on the historian;gives an insensible turn to the discourse;and,without any warning of the change,finishes with telling us what is.Between these two points,indeed,the is,and the ought to be,so opposite as they frequently are in the eyes of other men,that spirit of obsequious quietism that seems constitutional in our Author,will scarce ever let him recognize a difference.`Tis in the second sentence of the paragraph that he observes that `it is expedient that they'(the people)`receive directions from the state'(meaning the governing body)`declaratory of that its will'.`Tis in the very next sentence that we learn from him,that what it is thus `expedient'that the state should do,it does do.'But since it is impossible in so great a multitude,to give particular injunctions to even particular man relative to each particular action,therefore,says he 'the state establishes (does actually establish)'general rules (the state generally,any state,that is to say,that one can mention,all states,in short,whatever do establish)'general rules for the perpetual information and direction of all persons in a//points,whether of positive or of negative duty.Thus far our Author;so that,for ought 1appears,whatever he could wish to see done in this view is done.Neither this state of our own,nor any other,does he wish to see do any thing more in the matter than he sees done already;nay,nor than what is sure to be done at all events:
第37章 Duty of the Supreme Power to Make Laws(2)（1 / 3）