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or acts of the individual men composing it, or of some one, or more of 

 them. It is, for example, as impossible to conceive of a single will or 

 conscience, made up of the wills of several individuals, as it is to conceive 

 of a single man made up of several. The problem of the nature of the 

 State, therefore, is simply the problem of the nature of the individual 

 man in his social relations. 



Yet, such is the nature of men, when brought together in society, that 

 a certain unanimity of moral judgment, and of opinion in general, and a 

 corresponding unity of action, always result ; as is exhibited in every 

 sphere of social life : in the family, in the associations of friendship, in 

 general society, in business relations, and, finally, in the greater society 

 we call the Slate. This unanimity, in a certain degree, is in fact essential 

 to the social existence of men, and in this case, as in others, nature has 

 provided for it by endowing men, more or less perfectly, with qualities 

 necessary to produce it ; such as reason, and perhaps instinct, the atTec- 

 tions, and benevolence generally, and justice, and especially the disposi- 

 tion to conform to the general opinion and conduct of the community, or, 

 in other words, to autliority and custom ; which are the instruments by 

 which the intelligence and conscience of the community most effectually 

 assert their authority. 



This tendency to unanimity of thought and action permeates all the 

 different spheres of social life, from the family to the State inclusive ; and 

 under its action there are developed, as it were, naturally and automat- 

 ically, certain principles or rules of conduct, by which men are governed, 

 and to which they voluntarily conform their conduct. Of this nature are 

 the rules of society, the laws of fashion, the laws of honor, etc.; all of 

 which strongly illustrate this natural tendency of mankind, in all spheres 

 of society, to evolve involuntarily, and almost unconsciously, some com- 

 mon standard of thought and action to which they voluntarily conform. 

 But of this tendency the most conspicuous and important example is fur- 

 nished by its operation in that largest of all social spheres — the State. And 

 of this the results are threefold, viz.: as affecting questions (1) of justice, 

 (3) of morality generally, and (3) of expediency and propriety ; with 

 reference to each of which there is evolved, in every State, under the in- 

 fluence of this natural tendency of men, a body of opinion and sentiment 

 in which all, or nearly all, concur. Of these results the first constitutes — 

 as we shall see — the Law or Positive Right of the State ; which in reality 

 constitutes a part of Morality, but is distinguished from morality generally 

 by the fact that it constitutes the principal and sole essential end of gov- 

 ernment. The second constitutes the Fodtive Morality of the State ; and 

 the third is what is commonly spoken of as Public Opinion; of which 

 that which relates to political matters, or Political Opinion, mainly con- 

 cerns us here. 



The nature of this consensus of moral convictions, the method of its 

 genesis, its rightful authority, and the instrumentalities by which it is 

 enforced, thougli a subject of fundamental importance in jurisprudence, 



