A History of Political Theories volume 3

Cover A History of Political Theories volume 3
A History of Political Theories volume 3
William Archibald Dunning
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Only in the legal, not at all in the moral or physical, sense could Blackstone's quartette of stirring adjectives be properly applied ; only as maker of positive law is the sovereign supreme, irresistible, absolute, uncontrolled. 1 1 See Austin's explanation of his two classes of states, monarchy and aristocracy, I, 244, note: "The habitual independence which is one of the essentials of sovereignty, is merely habitual indepen- dence of laws imperative and proper. By laws which opinion 230 POLIT...ICAL THEORIES Austin, like Bentham, is at some pains to explain the application of their theory to the case of federal governments. In the Fragment Bentham, as we have seen, lays it down that the authority of the sovereign is without definite bounds "unless where limited by ex- press convention. " l This qualification he considers necessary in order to include the German, Swiss and Dutch systems of his day in the category of political societies. In such systems, he points out, the habit and disposition of obedience, which is the basis of sov- ereign power, may be present as to one kind of acts and absent as to another.

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