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state； whose function is to obey （subditi）。
The act by which a people is represented as constituting itself into
a state； is termed the original contract。 This is properly only an
outward mode of representing the idea by which the rightfulness of the
process of organizing the constitution may be made conceivable。
According to this representation； all and each of the people give up
their external freedom in order to receive it immediately again as
members of a commonwealth。 The commonwealth is the people viewed as
united altogether into a state。 And thus it is not to be said that the
individual in the state has sacrificed a part of his inborn external
freedom for a particular purpose； but he has abandoned his wild
lawless freedom wholly； in order to find all his proper freedom
again entire and undiminished； but in the form of a regulated order of
dependence； that is； in a civil state regulated by laws of right。 This
relation of dependence thus arises out of his own regulative law
giving will。
48。 Mutual Relations and Characteristics of the
Three Powers。
The three powers in the state； as regards their relations to each
other； are； therefore： （1） coordinate with one another as so many
moral persons； and the one is thus the complement of the other in
the way of completing the constitution of the state； （2） they are
likewise subordinate to one another； so that the one cannot at the
same time usurp the function of the other by whose side it moves； each
having its own principle and maintaining its authority in a particular
person； but under the condition of the will of a superior； and
further； （3） by the union of both these relations； they assign
distributively to every subject in the state his own rights。
Considered as to their respective dignity； the three powers may be
thus described。 The will of the sovereign legislator； in respect of
what constitutes the external mine and thine； is to be regarded as
irreprehensible； the executive function of the supreme ruler is to
be regarded as irresistible； and the judicial sentence of the
supreme judge is to be regarded as irreversible； being beyond appeal。
49。 Distinct Functions of the Three Powers。
Autonomy of the State
1。 The executive power belongs to the governor or regent of the
state； whether it assumes the form of a moral or individual person； as
the king or prince （rex； princeps）。 This executive authority； as the
supreme agent of the state； appoints the magistrates； and prescribes
the rules to the people； in accordance with which individuals may
acquire anything or maintain what is their own conformably to the law；
each case being brought under its application。 Regarded as a moral
person； this executive authority constitutes the government。 The
orders issued by the government to the people and the magistrates；
as well as to the higher ministerial administrators of the state
（gubernatio）； are rescripts or decrees； and not laws； for they
terminate in the decision of particular cases； and are given forth
as unchangeable。 A government acting as an executive； and at the
same time laying down the law as the legislative power； would be a
despotic government； and would have to be contradistinguished from a
patriotic government。 A patriotic government； again； is to be
distinguished from a paternal government （regimen paternale） which
is the most despotic government of all； the citizens being dealt
with by it as mere children。 A patriotic government； however； is one
in which the state； while dealing with the subjects as if they were
members of a family； still treats them likewise as citizens； and
according to laws that recognize their independence； each individual
possessing himself and not being dependent on the absolute will of
another beside him or above him。
2。 The legislative authority ought not at the same time to be the
executive or governor； for the governor； as administrator； should
stand under the authority of the law； and is bound by it under the
supreme control of the legislator。 The legislative authority may
therefore deprive the governor of his power； depose him； or reform his
administration； but not punish him。 This is the proper and only
meaning of the common saying in England； 〃The King… as the supreme
executive power… can do no wrong。〃 For any such application of
punishment would necessarily be an act of that very executive power to
which the supreme right to compel according to law pertains； and which
would itself be thus subjected to coercion； which is
self…contradictory。
3。 Further； neither the legislative power nor the executive power
ought to exercise the judicial function； but only appoint judges as
magistrates。 It is the people who ought to judge themselves； through
those of the citizens who are elected by free choice as their
representatives for this purpose； and even specially for every process
or cause。 For the judicial sentence is a special act of public
distributive justice performed by a judge or court as a constitutional
administrator of the law； to a subject as one of the people。 Such an
act is not invested inherently with the power to determine and
assign to any one what is his。 Every individual among the people being
merely passive in this relation to the supreme power； either the
executive or the legislative authority might do him wrong in their
determinations in cases of dispute regarding the property of
individuals。 It would not be the people themselves who thus
determined； or who pronounced the judgements of 〃guilty〃 or 〃not
guilty〃 regarding their fellow…citizens。 For it is to the
determination of this issue in a cause that the court has to apply the
law； and it is by means of the executive authority； that the judge
holds power to assign to every one his own。 Hence it is only the
people that properly can judge in a cause… although indirectly
representatives elected and deputed by themselves； as in a jury。 It
would even be beneath the dignity of the sovereign head of the state
to play the judge； for this would be to put himself into a position in
which it would be possible to do wrong； and thus to subject himself to
the demand for an appeal to a still higher power （a rege male
informato ad regem melius informandum）。
It is by the co…operation of these three powers… the legislative；
the executive； and the judicial… that the state realizes its autonomy。
This autonomy consists in its organizing； forming； and maintaining
itself in accordance with the laws of freedom。 In their union the
welfare of the state is realized。 Salus reipublicae suprema lex。* By
this is not to be understood merely the individual well…being and
happiness of the citizens of the state； for… as Rousseau asserts… this
end may perhaps be more agreeably and more desirably attained in the
state of nature； or even under a despotic government。 But the
welfare of the state； as its own highest g