The Declaration of the Rights of Man And of Citizens
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What thus remains is not so much a rightas it is a condition. The great error in the theory of a natural rightlay in conceiving of the actual condition of liberty as a right andascribing to this right a higher power which creates and restricts thestate. [114] At first glance the question does not seem to be of great practicalsignificance, whether an act of the individual is one directly permittedby the state or one only indirectly recognized. But it is not the taskof the science of law merely t...o train the judge and the administrativeofficer and teach them to decide difficult cases. To recognize the trueboundaries between the individual and the community is the highestproblem that thoughtful consideration of human society has to solve.
FOOTNOTES: [Footnote 108: "The most high and absolute power of the realm of Englandconsisteth in the Parliament . . . All that ever the people of Rome mightdo, either in _centuriatis comitiis_ or _tributis_, the same may be doneby the Parliament of England, which representeth and hath the power ofthe whole realm, both the head and the body.
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To quickly assess the difficulty of the text, read a short excerpt:
What thus remains is not so much a rightas it is a condition. The great error in the theory of a natural rightlay in conceiving of the actual condition of liberty as a right andascribing to this right a higher power which creates and restricts thestate. [114] At first glance the question does not seem to be of great practicalsignificance, whether an act of the individual is one directly permittedby the state or one only indirectly recognized. But it is not the taskof the science of law merely t...o train the judge and the administrativeofficer and teach them to decide difficult cases. To recognize the trueboundaries between the individual and the community is the highestproblem that thoughtful consideration of human society has to solve.
FOOTNOTES: [Footnote 108: "The most high and absolute power of the realm of Englandconsisteth in the Parliament . . . All that ever the people of Rome mightdo, either in _centuriatis comitiis_ or _tributis_, the same may be doneby the Parliament of England, which representeth and hath the power ofthe whole realm, both the head and the body.
What to read after The Declaration of the Rights of Man And of Citizens?
You can find similar books in the "Read Also" column, or choose other free books by Jellinek, Georg, 1851-1911 to read onlineMoreLess
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