But what is right, what is matter of right in a society, is voiced too—in the law.[136]
Whatever the law may be, it must be respected by the—loyal citizen. Thus the law-abiding mind of Old England is eulogized. To this that Euripidean sentiment (Orestes, 418) entirely corresponds: "We serve the gods, whatever the gods are." Law as such, God as such, thus far we are to-day.
People are at pains to distinguish law from arbitrary orders, from an ordinance: the former comes from a duly entitled authority. But a law over human action (ethical law, State law, etc.) is always a declaration of will, and so an order. Yes, even if I myself gave myself the law, it would yet be only my order, to which in the next moment I can refuse obedience. One may well enough declare what he will put up with, and so deprecate the opposite by a law, making known that in the contrary case he will treat the transgressor as his enemy; but no one has any business to command my actions, to say what course I shall pursue and set up a code to govern it. I must put up with it that he treats me as his enemy, but never that he makes free with me as his creature, and that he makes his reason, or even unreason, my plumb-line.
States last only so long as there is a ruling will and this ruling will is looked upon as tantamount to the own will. The lord's will is—law. What do your laws amount to if no one obeys them? what your orders, if nobody lets himself be ordered? The State cannot forbear the claim to determine the individual's will, to speculate and count on this. For the State it is indispensable that nobody have an own will; if one had, the State would have to exclude (lock up, banish, etc.) this one; if all had, they would do away with the State. The State is not thinkable without lordship and servitude (subjection); for the State must will to be the lord of all that it embraces, and this will is called the "will of the State."
He who, to hold his own, must count on the absence of will in others is a thing made by these others, as the master is a thing made by the servant. If submissiveness ceased, it would be all over with lordship.
The own will of Me is the State's destroyer; it is therefore branded by the State as "self-will." Own will and the State are powers in deadly hostility, between which no "eternal peace" is possible. As long as the State asserts itself, it represents own will, its ever-hostile opponent, as unreasonable, evil, etc.; and the latter lets itself be talked into believing this,—nay, it really is such, for no more reason than this, that it still lets itself be talked into such belief: it has not yet come to itself and to the consciousness of its dignity; hence it is still incomplete, still amenable to fine words, etc.
Every State is a despotism, be the despot one or many, or (as one is likely to imagine about a republic) if all be lords, i. e. despotize one over another. For this is the case when the law given at any time, the expressed volition of (it may be) a popular assembly, is thenceforth to be law for the individual, to which obedience is due from him, or toward which he has the duty of obedience. If one were even to conceive the case that every individual in the people had expressed the same will, and hereby a complete "collective will" had come into being, the matter would still remain the same. Would I not be bound to-day and henceforth to my will of yesterday? My will would in this case be frozen. Wretched stability! My creature—to wit, a particular expression of will—would have become my commander. But I in my will, I the creator, should be hindered in my flow and my dissolution. Because I was a fool yesterday I must remain such my life long. So in the State-life I am at best—I might just as well say, at worst—a bondman of myself. Because I was a willer yesterday, I am to-day without will: yesterday voluntary, to-day involuntary.
How change it? Only by recognizing no duty, i. e. not binding myself nor letting myself be bound. If I have no duty, then I know no law either.
"But they will bind me!" My will nobody can bind, and my disinclination remains free.
"Why, everything must go topsy-turvy if every one could do what he would!" Well, who says that every one can do everything? What are you there for, pray, you who do not need to put up with everything? Defend yourself, and no one will do anything to you! He who would break your will has to do with you, and is your enemy. Deal with him as such. If there stand behind you for your protection some millions more, then you are an imposing power and will have an easy victory. But, even if as a power you overawe your opponent, still you are not on that account a hallowed authority to him, unless he be a simpleton. He does not owe you respect and regard, even though he will have to consider your might.