All government rests upon consent, and consent is not to be had without taking counsel with the most eminent or influential or representative of the governed, and seeking their advice: the act of taking counsel cannot be separated from the act of exercising authority. All government rests also upon habit, upon being exercised in the same way or a similar way to that in which the governed remember or believe that it was exercised before. Brute force can break with habit; but as soon as brute force begins to turn into government, it does so by starting to observe habitual modes of behaviour. Habitual forms or institutions for counsel and consent are thus of the essence of government.
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Government in reality, as has abundantly appeared, is a question of force, and not of consent. It is desirable that a government should be made as agreeable as possible to the ideas and inclinations of its subjects and that they should be consulted, as extensively as may be, respecting its construction and regulations. But, at last, the best constituted government that can be formed particularly for a large community, will contain many provisions that, far from having obtained the consent of all its members, encounter even in their outset a strenuous, thought ineffectual opposition.
Therefore since all men are free by nature, every government that restrains its subjects from evils and uses the fear of punishment to orient their freedom towards the good, whether it consists of written laws or of a living law in the person of the prince, is constituted only by the agreement and consent of the subjects. For if by nature men are equally powerful and equally free, then the true and well-ordered authority of one who is a fellow and equal in power can only be established by the choice and consent of others, just as laws are established by consent
Nothing appears more surprising to those, who consider human affairs with a philosophical eye, than the easiness with which the many are governed by the few; and the implicit submission, with which men resign their own sentiments and passions to those of their rulers. When we enquire by what means this wonder is effected, we shall find, that, as Force is always on the side of the governed, the governors have nothing to support them but opinion. It is therefore, on opinion only that government is founded; and this maxim extends to the most despotic and most military governments, as well as to the most free and most popular.
Our government rests upon religion. It is from that source that we derive our reverence for truth and justice, for equality and liberality, and for the rights of mankind. Unless the people believe in these principles they cannot believe in our government. There are only two main theories of government in our world. One rests on righteousness and the other on force. One appeals to reason, and the other appeals to the sword. One is exemplified in the republic, the other is represented by despotism.
The government of a country never gets ahead of the religion of a country. There is no way by which we can substitute the authority of law for the virtue of man. Of course we endeavor to restrain the vicious, and furnish a fair degree of security and protection by legislation and police control, but the real reform which society in these days is seeking will come as a result of our religious convictions, or they will not come at all. Peace, justice, humanity, charity — these cannot be legislated into being. They are the result of divine grace.
Nothing appears more surprising to those who consider human affairs with a philosophical eye than the easiness with which the many are governed by the few, and the implicit submission with which men resign their own sentiments and passions to those of their rulers. When we enquire by what means this wonder is effected, we shall find, that, as force is always on the side of the governed, the governors have nothing to support them but opinion. It is therefore, on opinion only that government is founded, and this maxim extends to the most despotic and most military governments, as well as to the most free and most popular. The soldan of Egypt, or the emperor of Rome, might drive his harmless subjects, like brute beasts, against their sentiments and inclination. But he must at least have led his mamalukes, or prætorian bands, like men, by their opinion.
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The foundation of government is . . . laid, not in imaginary rights of men, (which at best is a confusion of judicial with civil principles,) but in political convenience, and in human nature; either as that nature is universal, or as it is modified by local habits and social aptitudes. The foundation of government . . . is laid in a provision for our wants, and in a conformity to our duties; it is to purvey for the one; it is to enforce the other.
Government is not made in virtue of natural rights, which may and do exist in total independence of it, — and exist in much greater clearness, and in a much greater degree of abstract perfection: but their abstract perfection is their practical defect. By having a right to everything they want everything. Government is a contrivance of human wisdom to provide for human wants. Men have a right that these wants should be provided for by this wisdom. Among these wants is to be reckoned the want, out of civil society, of a sufficient restraint upon their passions. Society requires not only that the passions of individuals should be subjected, but that even in the mass and body, as well as in the individuals, the inclinations of men should frequently be thwarted, their will controlled, and their passions brought into subjection. This can only be done by a power out of themselves, and not, in the exercise of its function, subject to that will and to those passions which it is its office to bridle and subdue. In this sense the restraints on men, as well as their liberties, are to be reckoned among their rights. But as the liberties and the restrictions vary with times and circumstances, and admit of infinite modifications, they cannot be settled upon any abstract rule; and nothing is so foolish as to discuss them upon that principle.
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