Grecian literature,—the finest the world has ever produced,—was at length restored: its form and mode we obtained from the manuscripts which the ravages of time, of the Goths, and of the still more savage Turks, had spared. The burning of the library at Alexandria was an evil of importance. This library is said to have contained volumes of the choicest Greek authors.
[56] From The Shelley Papers, 1833.
A SYSTEM OF GOVERNMENT BY JURIES.
A FRAGMENT.[57]
Government, as it now subsists, is perhaps an engine at once the most expensive and inartificial that could have been devised as a remedy for the imperfections of society. Immense masses of the product of labour are committed to the discretion of certain individuals for the purpose of executing its intentions, or interpreting its meaning. These have not been consumed, but wasted, in the principal part of the past history of political society.
Government may be distributed into two parts:—First, the fundamental—that is, the permanent forms, which regulate the deliberation or the action of the whole; from which it results that a state is democratical, or aristocratical, or despotic, or a combination of all these principles.
And Secondly—the necessary or accidental—that is, those that determine, not the forms according to which the deliberation or the action of the mass of the community is to be regulated, but the opinions or moral principles which are to govern the particular instances of such action or deliberation. These may be called, with little violence to the popular acceptation of those terms, Constitution, and Law: understanding by the former, the collection of those written institutions or traditions which determine the individuals who are to exercise, in a nation, the discretionary right of peace and war, of death or imprisonment, fines and penalties, and the imposition and collection of taxes, and their application, thus vested in a king, or an hereditary senate, or in a representative assembly, or in a combination of all; and by the latter, the mode of determining those opinions, according to which the constituted authorities are to decide on any action; for law is either a collection of opinions expressed by individuals without constitutional authority, or the decision of a constitutional body of men, the opinion of some or all of whom it expresses—and no more.
To the former, or constitutional topics, this treatise has no direct reference. Law may be considered, simply—an opinion regulating political power. It may be divided into two parts—General Law, or that which relates to the external and integral concerns of a nation, and decides on the competency of a particular person or collection of persons to discretion in matters of war and peace—the assembling of the representative body—the time, place, manner, form, of holding judicial courts, and other concerns enumerated before, and in reference to which this community is considered as a whole;—and Particular Law, or that which decides upon contested claims of property, which punishes or restrains violence and fraud, which enforces compacts, and preserves to every man that degree of liberty and security, the enjoyment of which is judged not to be inconsistent with the liberty and security of another.
To the former, or what is here called general law, this treatise has no direct reference. How far law, in its general form or constitution, as it at present exists in the greater part of the nations of Europe, may be affected by inferences from the ensuing reasonings, it is foreign to the present purpose to inquire—let us confine our attention to particular law, or law strictly so termed.
The only defensible intention of law, like that of every other human institution, is very simple and clear—the good of the whole. If law is found to accomplish this object very imperfectly, that imperfection makes no part of the design with which men submit to its institution. Any reasonings which tend to throw light on a subject hitherto so dark and intricate, cannot fail, if distinctly stated, to impress mankind very deeply, because it is a question in which the life and property and liberty and reputation of every man are vitally involved.