Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com

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[§ 9] The power of interpreting and explaining law is the means by which, in reference to those matters that are uncertain,
clarification is provided from the system of law and the nature of the problem. This is done through the broad consideration of
things, persons, time, place, and other circumstances. Thus the established rights ( jura) 18 are accommodated to men’s power of
comprehension.
[§ 10] The execution of law ( lex) pertains to the preserving of external public discipline. It is the responsibility ( jus) of
distributing what is merited, the responsibility and power of punishing delinquents and of rewarding doers of good. From another
perspective it is the administration of justice. …
[§ 11] The power of punishing delinquents involves the life, body, name, and goods of evildoers in proportion to the crime and
its circumstances. … It is publicly useful to the human association to punish delinquents. First, the delinquent is corrected by the
punishment imposed, and led to greater maturity. Secondly, the harm done to the injured party may be repaired by the penalty
imposed, so that the injured party need not become carried away in the vindication of the injury. Whence penalties are called
reins and whips for the wicked, preservers and defenders of the upright. Thirdly a penalty is also imposed as a warning to others,
that they may be deterred from transgressions by the fear of punishment such an example evokes. Thereby social life is not
thrown into disorder, and other persons are not infected by crime. Fear of becoming delinquent leads to the control of inordinate
desire, which I have discussed elsewhere.
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For as bolts of lightning strike to the hazard of a few and the fear of all, so
punishments scare more persons than those who are actually punished for evil. When punishment comes to one person, fear
comes to others subject to punishment for the same crime. Whence punishments are called remedies by which the illnesses of a
commonwealth are overcome and cured. Fourthly a penalty consisting in a fine, or public appropriation of goods, is turned to the
use of the realm. For when through crime a commonwealth is injured, it is fair that the penalty be applied to what has suffered
by evildoing. Whence the collection of penalties is relevant (to the conservation of peace, discipline, and public tranquillity in a
realm and commonwealth. For impunity in transgressing is a great inducement to transgression, a mother of injury and insolence,
a root of impudence, a wet-nurse of sin, and a license that renders everything the worse. Fifthly, the wrath of God is mitigated
by the expiatory act of punishment, and we obtain his benediction. …
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[§ 12] Corresponding to this power of punishing is the right of conferring rewards. For as punishment deters men from vices, so
rewarding them inspires, fosters, and conserves the love of virtue and good works. And thus it is fair that “he who sows iniquity
will reap trouble.”
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On the other hand, it is not wrong that he who seeks virtue and goodness receives reward and glory for his
good works.
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XI
[§ 1] SPECIAL AND SECULAR RIGHT of sovereignty indicates and prescribes the particular means for meeting the needs and wants
of all symbiotes of this association, for promoting advantages for them, and for avoiding disadvantages. For as each member of
the body was created and constituted for its duty, and yet each and every member has the same end, namely the conservation
of the whole body, so each of us has been ordained to his proper and individual role in life, but nevertheless all of us to the glory
of God and the welfare of our neighbor. [§ 2] This special right should be equitable, good, useful, and adapted to place, time,
and persons. Whence it is called civil law ( jus civile), 23
and is said to be peculiar to each polity.
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[§ 3] This special right is twofold. The first part is devoted to the arrangement established for procuring the material necessities
of life.
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It informs the procedure for communicating advantages and upholding responsibilities in those things that have been
agreed upon in the universal association for the supply of necessities and supports. [§ 4] This part of the special right of the
realm consists in (1) commercial regulations, (2) a monetary system, (3) a common language, (4) public duties in the realm,
and (5) privileges and the conferring of titles of nobility.
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[§ 5] First, the right and responsibility for regulating public commerce, contracts, and business on land and water belongs to the
universal association. The free use and exercise of these functions in the territory of the realm depends upon permission,
prescription, and current laws. It is called public trade. … [§ 7] Without commerce we cannot live conveniently in this social life.
For there are many things we need and without which no man can live with comfort. We can also be underprivileged in many
things that are for our good, even to the extent of great inconvenience to us. Just as the human body cannot be healthy without
the mutual communication of offices performed by its members, so the body of the commonwealth cannot be healthy without
commerce. The necessity and utility of this life have therefore contrived a plan and procedure for exchanging goods, so that you
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