The San Francisco call., 1896-04-19

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University in an elaborate study
bearing the title of ''An Examination of
the Nature of the State. "
The author defines his purpose to be the
construction of a true system of political
PHILOSOPHY, the determination of the ultl-
mate nature of the state and the grounds
upon which its authority may be justified.
He emphasizes the distinction between
essential nature in politics and mere ap-
pearance, between the legal and political
character of forces and institutions and
their actual operation in the arena of
civic life. In this direction he points out
the difference between sovereignty and
public opinion and establishes the legal
omnipotence of the state, separated from
its actual limited coercive power. and the
non-legal character of international prin-
ciples shown to DE lacking the recognition
of any obligatory force by civilized peoples.
The essential elements of a state are
found to be three in number: 1. A COM
munity of people socially united. 3 A
political machinery termed a government
and administered by corps of officials
termed a masistracy. 3. A body of rules
or maxims written or unwritten determin-
ing the scope OF this public authority and
Tie mdilucE OF It's exercise.
1t will be seen from this statement of
its elements that Professor W illoughby
treats OF the state as an abstraction quite
distinct from its organization or admins
trstion. The term state therefore as
used by him must not be taken as syno-
nym for either government" nation"
or people" These phrases signify con-
crete things which may differ from one
idea of a state there can be no conception
OF comparative excellence. In other
words there can be no such thing as an
imperfect state.
Proceeding to q consideration of the
origin of the state Professor Willoughby
traces the various theories which have
been advanced on the subject by eminent
political philosophers. These theories in
clude the Patriarchal. or the doctrine that
the state Is an Outgrowth OF the family;
the Instructive, which teaches that the
state is an outcome of the natural soci-
ability OF man; the Ut;litarian which re-
CARDS the state as one OF the utilities of
human life; the Force theory, or the
doctrine that the state is the result of the
coercion of the masses by the strong; the
Divine, bv which the state is held to be
creation OF God, and the Contract theory,
which defines the state as the outcome of
governmental compact between the peo-
pie or particular community by which
they agree TO act together under certain
established forms for mutual benefit and
protection.
After an elaborate review of these vari-
Gus theories and an historical account of
the basis on which each of them rests.
Professor Willoug hby advances what he
regards as the true origin of the state
This he concludes TO be "a sentiment OF
community OF feeling and mutuality of
interest, which finds expression for itself
IN the creation of political power. He
quotes approvingly the saying of the
austrian publicist Jellinek: THE inner
ground of the origin of the state is the
fact that an aggregate of persons has q
conscious feeling OF unity, and gives ex-
preston TO this unity by organizing itself
IS q collective personality, and consti-
tuung itself as yolitional and active SUBJ
lect. That is to say, the origin of the
state IS to be sought in psychology and not
IN politics, utility or divinity. Where this
psychological unity exists, we have the
true State, but In political organizations
Where 1t does not exist we have only
mechanical union or complexus OF atoms
held together by force, and forming gov
eminent indeed, but IN no sense consti-
tuting what is rightly state.
Out OF this theory that state is the out
come OF sentiment of unity among
people there flow momentous conse-
one another and their thoughts widen with
an increasing liberality, it becomes possi-
Die Tor states 10 expand ana include larger
and larger aggregates of men. With the |
growing development OF the sentiment OF |
humanity there is tendency toward the |
final establishment of a world-srate it, |
eludlng all the earth and all the nations |
thereof In one vast whole acting in con- |
cord under harmonious law.
Professor Wiiloughby, while admitting |
this tendency, does. not believe the world |
state will ever be accomplished within
anv limits OF time that may be estimated |
now. He says: LAS time goes on the as
soclatlon OF states Will undoubtedly grow
closer and the rule of international moral |
1ty Will increase in both force and number
but that genuine Iorld-state embracing
the civilized nations of the world will ever
be tablished does not seem possible
Such type would require the surrender
OF the sovereignty and independence of the
individual nations-a surrender to which
it is not conceivable they will ever SUBJ
nit"
Many interesting questions concerning
the development of the modern idea OF the
state, the extent of its powers and the
present tendencies in forms of government
are discussed in the course of the work but
these we have not the space to pursue.
They, however, are well worth the study
not of political philosophers only, but of
the higher order of practical politicians as
well, inasmuch as they help to an under
standing of the political tendencies of tae
time, and are full Of suggestions as to the
limits of law and legislation under the
idea of the state as it exists to-day in the
sentiments of the people of civilized ma
tions.
stAn Examination of the Nature of the
Stale. A Study in Political Philosophy"
by W. ". Wiilou.hby, Ph.D New York
and London: Macmillan & Co.; for sale
by William Doxey; price s..
PARTING AND A MEETING.
w. D. HowelIs has given US another story
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