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that is； as following of themselves from the conceptions of external
right generally… and not as merely established by statute。 The form of
the state is thus involved in the idea of the state； viewed as it
ought to be according to pure principles of right； and this ideal form
furnishes the normal criterion of every real union that constitutes
a commonwealth。
Every state contains in itself three powers； the universal united
will of the people being thus personified in a political triad。
These are the legislative power； the executive power； and the
judiciary power。 1。 The legislative power of the sovereignty in the
state is embodied in the person of the lawgiver； 2。 the executive
power is embodied in the person of the ruler who administers the
Law； and 3。 the judiciary power； embodied in the person of the
judge； is the function of assigning every one what is his own；
according to the law （potestas legislatoria； rectoria； et judiciaria）。
These three powers may be compared to the three propositions in a
practical syllogism： the major as the sumption laying down the
universal law of a will； the minor presenting the command applicable
to an action according to the law as the principle of the subsumption；
and the conclusion containing the sentence； or judgement of right；
in the particular case under consideration。
46。 The Legislative Power and the Members of the State。
The legislative power； viewed in its rational principle； can only
belong to the united will of the people。 For； as all right ought to
proceed from this power； it is necessary that its laws should be
unable to do wrong to any one whatever。 Now； if any one individual
determines anything in the state in contradistinction to another； it
is always possible that he may perpetrate a wrong on that other； but
this is never possible when all determine and decree what is to be Law
to themselves。 Volenti non fit injuria。 Hence it is only the united
and consenting will of all the people… in so far as each of them
determines the same thing about all； and all determine the same
thing about each… that ought to have the power of enacting law in
the state。
The members of a civil society thus united for the purpose of
legislation； and thereby constituting a state； are called its
citizens； and there are three juridical attributes that inseparably
belong to them by right。 These are： 1。 constitutional freedom； as
the right of every citizen to have to obey no other law than that to
which he has given his consent or approval； 2。 civil equality； as
the right of the citizen to recognise no one as a superior among the
people in relation to himself； except in so far as such a one is as
subject to his moral power to impose obligations； as that other has
power to impose obligations upon him； and 3。 political independence；
as the light to owe his existence and continuance in society not to
the arbitrary will of another； but to his own rights and powers as a
member of the commonwealth； and； consequently； the possession of a
civil personality； which cannot be represented by any other than
himself。
The capability of voting by possession of the suffrage properly
constitutes the political qualification of a citizen as a member of
the state。 But this； again； presupposes the independence or
self…sufficiency of the individual citizen among the people； as one
who is not a mere incidental part of the commonwealth； but a member of
it acting of his own will in community with others。 The last of the
three qualities involved necessarily constitutes the distinction
between active and passive citizenship； although the latter conception
appears to stand in contradiction to the definition of a citizen as
such。 The following examples may serve to remove this difficulty。
The apprentice of a merchant or tradesman； a servant who is not in the
employ of the state； a minor （naturaliter vel civiliter）； all women；
and； generally； every one who is compelled to maintain himself not
according to his own industry； but as it is arranged by others （the
state excepted）； are without civil personality； and their existence is
only； as it were； incidentally included in the state。 The woodcutter
whom I employ on my estate； the smith in India who carries his hammer；
anvil； and bellows into the houses where he is engaged to work in
iron； as distinguished from the European carpenter or smith； who can
offer the independent products of his labour as wares for public sale；
the resident tutor as distinguished from the schoolmaster； the
ploughman as distinguished from the farmer and such like； illustrate
the distinction in question。 In all these cases； the former members of
the contrast are distinguished from the latter by being mere
subsidiaries of the commonwealth and not active independent members of
it； because they are of necessity commanded and protected by others；
and consequently possess no political self…sufficiency in
themselves。 Such dependence on the will of others and the consequent
inequality are； however； not inconsistent with the freedom and
equality of the individuals as men helping to constitute the people。
Much rather is it the case that it is only under such conditions
that a people can become a state and enter into a civil
constitution。 But all are not equally qualified to exercise the
right of suffrage under the constitution； and to be full citizens of
the state； and not mere passive subjects under its protection。 For；
although they are entitled to demand to be treated by all the other
citizens according to laws of natural freedom and equality； as passive
parts of the state； it does not follow that they ought themselves to
have the right to deal with the state as active members of it； to
reorganize it； or to take action by way of introducing certain laws。
All they have a right in their circumstances to claim may be no more
than that whatever be the mode in which the positive laws are enacted；
these laws must not be contrary to the natural laws that demand the
freedom of all the people and the equality that is conformable
thereto； and it must therefore be made possible for them to raise
themselves from this passive condition in the state to the condition
of active citizenship。
47。 Dignities in the State and the Original Contract。
All these three powers in the state are dignities； and； as
necessarily arising out of the idea of the state and essential
generally to the foundation of its constitution； they are to be
regarded as political dignities。 They imply the relation between a
universal sovereign as head of the state… which according to the
laws of freedom can be none other than the people itself united into a
nation… and the mass of the individuals of the nation as subjects。 The
former member of the relation is the ruling power； whose function is
to govern （imperans）； the latter is the ruled constituents of the
state； whose function is to obey （subditi）。
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