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e; for it identifies the creature with the Creator。 No creature is creator; or has the rights of creator; and consequently no one in his own right is or can be sovereign。 This third theory; therefore; is untenable。
IV。 A still more recent class of philosophers; if philosophers they may be called; reject the origin of government in the people individually or collectively。 Satisfied that it has never been instituted by a voluntary and deliberate act of the people; and confounding government as a 85 fact with government as authority; maintain that government is a spontaneous development of nature。 Nature develops it as the liver secretes bile; as the bee constructs her cell; or the beaver builds his dam。 Nature; working by her own laws and inherent energy; develops society; and society develops government。 That is all the secret。 Questions as to the origin of government or its rights; beyond the simple positive fact; belong to the theological or metaphysical stage of the development of nature; but are left behind when the race has passed beyond that stage; and has reached the epoch of positive science; in which all; except the positive fact; is held to be unreal and non…existent。 Government; like every thing else in the universe; is simply a positive development of nature。 Science explains the laws and conditions of the development; but disdains to ask for its origin or ground in any order that transcends the changes of the world of space and time。
These philosophers profess to eschew all theory; and yet they only oppose theory to theory。 The assertion that reality for the human mind is restricted to the positive facts of the sensible order; is purely theoretic; and is any thing but a positive fact。 Principles are as really objects of science as facts; and it is only 86 in the light of principles that facts themselves are intelligible。 If the human mind had no science of reality that transcends the sensible order; or the positive fact; it could have no science at all。 As things exist only in their principles or causes; so can they be known only in their principles and causes; for things can be known only as they are; or as they really exist。 The science that pretends to deduce principles from particular facts; or to rise from the fact by way of reasoning to an order that transcends facts; and in which facts have their origin; is undoubtedly chimerical; and as against that the positivists are unquestionably right。 But to maintain that man has no intelligence of any thing beyond the fact; no intuition or intellectual apprehension of its principle or cause; is equally chimerical。 The human mind cannot have all science; but it has real science as far as it goes; and real science is the knowledge of things as they are; not as they are not。 Sensible facts are not intelligible by themselves; because they do not exist by themselves; and if the human mind could not penetrate beyond the individual fact; beyond the mimetic to the methexic; or transcendental principle; copied or imitated by the individual fact; it could never know the fact itself。 The error of modern 87 philosophers; or philosopherlings; is in supposing the principle is deduced or inferred from the fact; and in denying that the human mind has direct and immediate intuition of it。
Something that transcends the sensible order there must be; or there could be no development; and if we had no science of it; we could never assert that development is development; or scientifically explain the laws and conditions of development。 Development is explication; and supposes a germ which precedes it; and is not itself a development; and development; however far it may be carried; can never do more than realize the possibilities of the germ。 Development is not creation; and cannot supply its own germ。 That at least must be given by the Creator; for from nothing nothing can be developed。 If authority has not its germ in nature; it cannot be developed from nature spontaneously or otherwise。 All government has a governing will; and without a will that commands; there is no government; and nature has in her spontaneous developments no will; for she has no personality。 Reason itself; as distinguished from will; only presents the end and the means; but does not govern; it prescribes a rule; but cannot ordain a law。 An imperative will; the will of a superior who has the right to 88 command what reason dictates or approves; is essential to government; and that will is not developed from nature; because it has no germ in nature。 So something above and beyond nature must be asserted; or government itself cannot be asserted; even as a development。 Nature is no more self…sufficing than are the people; or than is the individual man。
No doubt there is a natural law; which is law in the proper sense of the word law; but this is a positive law under which nature is placed by a sovereign above herself; and is never to be confounded with those laws of nature so…called; according to which she is productive as second cause; or produces her effects; which are not properly laws at all。 Fire burns; water flows; rain falls; birds fly; fishes swim; food nourishes; poisons kill; one substance has a chemical affinity for another; the needle points to the pole; by a natural law; it is said; that is; the effects are produced by an inherent and uniform natural force。 Laws in this sense are simply physical forces; and are nature herself。 The natural law; in an ethical sense; is not a physical law; is not a natural force; but a law impose by the Creator on all moral creatures; that is; all creatures endowed with reason and free…will; and is called natural because promul… 89 gated in natural reason; or the reason common and essential to all moral creatures。 This is the moral law。 It is what the French call le droit naturell; natural right; and; as the theologians teach us; is the transcript of the eternal law; the eternal will or reason of God。 It is the foundation of all law; and all acts of a state that contravene it are; as St。 Augustine maintains; violences rather than laws。 The moral law is no development of nature; for it is above nature; and is imposed on nature。 The only development there is about it is in our understanding of it。
There is; of course; development in nature; for nature considered as creation has been created in germ; and is completed only in successive developments。 Hence the origin of space and time。 There would have been no space if there had been no external creation; and no time if the creation had been completed externally at once; as it was in relation to the Creator。 Ideal space is simply the ability of God to externize his creative act; and actual space is the relation of coexistence in the things created; ideal time is the ability of God to create existences with the capacity of being completed by successive developments; and actual time is the relation of these in the order of 90 succession; and wh