Изображения страниц
PDF
EPUB
[merged small][ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

37

which these rights have been classified by philos-
ophers and jurisprudents; but it is of importance
to insist that they all spring from "the self-same
fount of right," and that they "are governed by
the unity of an inherent coördinating idea"

[ocr errors]

It was the apprehension of this truth which led Spinoza
to specify as the end of the State quoad the indi-
vidual, liberty: namely, "that men should use in
security all their endowments, mental and physical,
and make free use of their reason
Four manifestations of this aboriginal right of man to
freedom will here be touched on. The first is the
right of existence-liberty to live; the next, the
right to the self-determined use of the human
faculties, mental and physical, which is personal
liberty; the third, the right of property, which is
realised liberty; the fourth, the right to be con-
sidered in the legislation and government of the
commonwealth, which is political liberty

[ocr errors]

These rights of the individual are not absolute: they are conditioned by duties, and although, in themselves, they are not created, nor abrogable, by positive law, they are held in subordination to the rights of the State in which they acquire validity and coerciveness. We will dwell a little on both these points

[ocr errors]

The aboriginal rights of the individual are conditioned

by duties. Thus the right of existence is condi-
tioned by the duty of labour for the benefit of the
community. No one capable of doing any useful
thing has a right to otiose existence

[ocr errors]

The right to personal freedom is conditioned by the duty of respecting those limits within which right

PAGE

37

37

[ocr errors]

37

38

38

« ПредыдущаяПродолжить »