(>l I'llM^ ni SIM |(i|.i»(;y. ').) 



THK (;()VKKNMr.\T. 



Tlu' (I i tic re lit iat ion Iroin tin- .staU-of an organized >y.stcm 

 ot iv<:;iilation gives rise to government. If a condition of 

 society (.on Id exist in whieli eaeli member in the state should 

 take an equal and like part with all the others in the regu- 

 lation of eondu<-t, the state would he without a government 

 in the sense in which that term i> here us(^d : hut in iIk 

 bodies politii- whieh are known certain individuals arc 

 selected l>v one or other process to periorm special func- 

 tions in the regulation of the conduct of the people com- 

 posing the state. The government is tlu- sociologic organ 

 differentiated from the state for the regulation of conduct. 



The function'^ to he performed by a government are of 

 three clas.scs — legislative, executive, and judi'ial — lor if 

 conduct is to be regulated it is necessary — 



First, to determine in what ])articulars, and to establish 

 the rules. This gives the law-making i)Owei'. which will 

 here be denominated the Iq/islatiir dei)artment. 



Second, it is necessary to provide macliinery for the en- 

 forcement of the law. This i< hi-rc denominated the cxccn- 

 (ivc department. 



Third, in society the parti<ulars of conduct and the rela- 

 tions of conduct are va.stly multifarious, approaching infinity. 

 The formulated rules of conduct — the law — can never keej> 

 pace with con<luct itself, .^o that every specific act of social 

 life shall have its corresponding fornnilated iide. It is there- 

 fore necessary that the general rules embraced in the lawl)e 

 interpreteil and a|)plied to the specific act. This is usually 

 done by tlie individual, who is sujiposed and whose 

 duty it is, to know the laws of the .state ; but the individual 

 may yet have imperfect knowledge. Yet liis conduct as a 

 meml)er of the body jiolitic has its efiect upon others wiio 

 themselves may have imperfect knowledge of the law and 

 its application to specific acts. This imperfection of knowl- 

 edge necessitates an interj)retation of the law. 



Again, bias of interest, bias of prejudice, and bias of pas- 

 sion — all have their effect in m<Mlityinu indixidu.d opinion 



