Thursday, December 10, 2015

Political Syllogism

Every State contains in itself three Powers, the universal united Will of the People being thus personified in a political triad. These are the Legislative Power, the Executive Power, and the Judiciary Power.—1. The Legislative Power of the Sovereignty in the State, is [166] embodied in the person of the Lawgiver; 2. the Executive Power is embodied in the person of the Ruler who administers the Law; and 3. the Judiciary Power, embodied in the person of the Judge, is the function of assigning every one what is his own, according to the Law (Potestas legislatoria, rectoria et judiciaria). These three Powers may be compared to the three propositions in a practical Syllogism:—the Major as the sumption laying down the universal Law of a Will, the Minor presenting the command applicable to an action according to the Law as the principle of the subsumption, and the Conclusion containing the Sentence or judgment of Right in the particular case under consideration.

Immanuel Kant, Science of Right

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