Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com
Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com
Johannes Althusius: Politica - Hubertlerch.com - HubertLerch.com
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<strong>Althusius</strong>_0002<br />
9/10/05 4:09 PM<br />
be subject to the governing powers. For there is no power except from God, and those powers that exist have been ordained by<br />
God. Therefore anyone who opposes such powers resists the ordination of God.”<br />
17<br />
From this it can be concluded that God has<br />
formed in all peoples by the natural law itself the free power of constituting princes, kings, and magistrates for themselves. This<br />
means that in the measure in which any <strong>com</strong>monwealth that is divinely instructed by the light of nature has civil power, it can<br />
transfer this power to another or others who, under the titles of kings, princes, consuls, or other magistrates, assume the<br />
direction of its <strong>com</strong>mon life.<br />
[§ 21] Nature has also expressed in other created things a certain likeness and image of this political domination and<br />
government. Just as the mind reveals and performs all its actions in one physical body by the joining together and concord of its<br />
members, and unifies these members under one spirit, so also one imperium under the power of one person or a united group<br />
directs and rules in the <strong>com</strong>monwealth for the convenience of the members, declares laws, seeks the things necessary for human<br />
society, <strong>com</strong>municates concord and makes it firms and directs actions and friendships by suitable rules that either nature or<br />
necessity re<strong>com</strong>mends should be kept inviolate. When God as Lord of everything created the world, he prescribed for all<br />
creatures, even for trees, springs, rivers, and other created things, princes appropriate to their kind. [§ 22] Thus bees<br />
acknowledge and follow their queen, cranes have a leader of their order, and the whale acknowledges his leader and rector.<br />
Moreover, for angels God established a prince of angels, for birds a bird, for beasts a beast, and for men a man. And even in<br />
man the soul dominates in the body and the mind in the appetite. It is also necessary that in any <strong>com</strong>bination of elements one of<br />
them dominate. Therefore, “to rule, to direct, to be subjected, to be ruled, to be governed are agreeable to the natural, divine,<br />
and human law”. …<br />
18<br />
[§ 25] The power of administering the rights of the realm originates in the election of these ministers and in their undertaking<br />
the office entrusted to them.<br />
19<br />
[§ 26] The administrators and rectors of the universal symbiosis and realm represent the body<br />
of the universal association, or the whole people by whom they have been constituted. They bear its person in those things they<br />
do in the name of the <strong>com</strong>monwealth or realm. They are held to be less in authority and power than those by whom they have<br />
been constituted and from whom they received their power. For however much the imperium and right that is conceded to<br />
another, it is always less than the conceder has reserved to himself. [§ 27] It also cannot be denied that the power and<br />
strength of the whole is always greater than that of one man, or the body than that of a member thereof. On the other hand,<br />
these administrators are rightly called superior in authority and power to individual members of the realm. [§ 28] The sole<br />
power of administering and directing the body and rights of this universal association according to just laws is transferred to these<br />
administrators and rectors by the members of this universal association. [§ 29] Such governors by no means have the<br />
ownership of these rights, nor superiority in them. These rights remain under the control of the political body of this association.<br />
[§ 30] Whence the customary formula in the decrees, orders, and rescripts of the Emperor of the Germans is Uns und dem<br />
heiligen Reich, 20 or In unser und des heiligen Reichs statt. 21 Here in the word Uns is indicated the dominion of protection and<br />
general jurisdiction that the rector has; in the words des Reichs statt is expressed the dominion of the <strong>com</strong>munity. [§ 31] The<br />
less the power of those who rule, the more lasting and stable the imperium is and remains. For power circumscribed by definite<br />
laws does not exalt itself to the ruin of subjects, is not dissolute, and does not degenerate into tyranny.<br />
[§ 32] An administration is said to be just, legitimate, and salutary that seeks and obtains the prosperity and advantages of the<br />
members of the realm, both individually and collectively, and that, on the other hand, averts all evils and disadvantages to<br />
them, defends them against violence and injuries, and undertakes all actions of its administration according to laws. … [§<br />
40] This power of administering that these ministers and rectors established by the universal association have is bound to the<br />
utility and welfare of the subjects, and is circumscribed both by fixed limits, namely, by the laws of the Decalogue and by the<br />
just opinion of the universal association. Therefore, it is neither infinite nor absolute.…<br />
[§ 41] Administrators are not permitted to overstep these limits. Those who exceed the boundaries of administration entrusted<br />
to them cease being ministers of God and of the universal association, and be<strong>com</strong>e private persons to whom obedience is not<br />
owed in those things in which they exceed the limits of their power. … [§ 42] These administrators exceed the limits and<br />
boundaries of the power conceded to them, first, when they <strong>com</strong>mand something to be done that is prohibited by God in the first<br />
table of the Decalogue, or to be omitted that is therein <strong>com</strong>manded by God. They do so, secondly, when they prohibit something<br />
that cannot be omitted, or <strong>com</strong>mand something that cannot be <strong>com</strong>mitted, without violating holy charity. The former <strong>com</strong>mands<br />
and prohibitions are called impious, the latter wicked. The limits of their power are transgressed, thirdly, when in the<br />
administration entrusted to them they seek their personal and private benefit rather than the <strong>com</strong>mon utility and welfare of the<br />
universal association. …<br />
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