首页
外语
计算机
考研
公务员
职业资格
财经
工程
司法
医学
专升本
自考
实用职业技能
登录
外语
But probably the fullest statement of the doctrine of the rule of law occurs in the work of William Paley, the "great codifier o
But probably the fullest statement of the doctrine of the rule of law occurs in the work of William Paley, the "great codifier o
admin
2013-01-20
23
问题
But probably the fullest statement of the doctrine of the rule of law occurs in the work of William Paley, the "great codifier of thought in an age of codification". It deserved quoting at some length: "The first maxim of a free state, "he writes, is, that the laws be made by one set of men, and administered by another;in other words, that the legislative and the judicial character be kept separate. When these offices are unified in the same person or assembly, particular laws are made for particular cases, springing often times from partial motives, and directed to private ends: whilst they are kept separate, general laws are made by one body of men, without foreseeing whom they may affect;and, when made, must be applied by the other, let them affect whom they will…When the parties and interests to be affected by the laws were known, the inclination of the law makers would inevitably attach to one side or the other;and where there were neither any fixed rules to regulate their determinations, nor any superior power to control their proceedings, these inclinations would interfere with the integrity of public justice. The consequence of which must be, that the subjects of such a constitution would live either without constant laws, that is, without any known pre-established rules of adjudication whatever;or under laws made for particular persons, and partaking of the contradictions and iniquity of the motives to which they owed their origin.
"Which dangers, by the division of the legislative and judicial functions, are in this country effectually provided against Parliament knows not the individuals upon whom its acts will operate;it has no ease or parties before it; no private designs to serve consequently, its resolutions will be suggested by the considerations of universal effects and tendencies, which always produce impartial and commonly advantageous regulations. "
With the end of the eighteenth century, England’s major contributions to the development of the principles of freedom came to a close. Though Macaulay did once more for the nineteenth century what Hume had done for the eighteenth, and though the Whig intelligentsia of the Edinburgh Review and economists in the Smithian tradition, like J. R. MacCulloch and N. W Senior, continued to think of liberty in classical terms, there was little further develop-ment The new liberalism that gradually displaced Whiggism came more and more under the influence of the rationalist tendencies of the philosophical radicals and the French tradition. Bentham and his Utilitarians did much to destroy the beliefs that England had in part preserved from the Middle Ages, by their scornful treatment of most of what until then had been the most admired features of the British constitution. And they introduced into Britain what had so far been entirely absent—the desire to remake the whole of her law and institutions on rational principles.
The lack of understanding of the traditional principles of English liberty on the part of the men guided by the ideals of the French Revolution is clearly illustrated by one of the early apostles of that revolution in England, Dr. Richard Price. As early as 1778 he argued;"Liberty is too imperfectly defined when it is said to be a Government of LAWS and not by MEN. If the laws are made by one man, or a junto of men in a state, and not by common CONSENT, a government by them is not different from slavery. "Eight years later he was a-ble to display a commendatory letter from Turgot; "How comes it that you are almost the first of the writers of your country, who has given a just idea of liberty, and shown the falsity of the notion so frequently repeated by almost all Republican Writers. ’ that liberty consists in being subject only to the laws? ’" " From then onward, the essentially French concept of political liberty was indeed progressively to displace the English ideal of individual liberty, until it could be said that in Great Britain, which, little more than a century ago, repudiated the ideas on which the French Revolution was based, and led the resistance to Napoleon, those ideas have triumphed. "Though in Britain most of the achievements of the seventeenth century were preserved beyond the nineteenth, we must look elsewhere for the further development of the ideals underlying them.
Which of the following best expresses the author’s opinion of the Utilitarians?
选项
A、Unbiased.
B、Neutral.
C、Critical.
D、Sympathetic.
答案
C
解析
文章指出,边沁和他的功利主义哲学破坏了英国从中世纪继承来的信仰,他们轻蔑地对待英国宪法的特征。第三段Bentham and his Utilitarians did much to destroy the beliefs that England hadin part preserved from the Middle Ages,by their scornful treatment of most of what until then hadbeen the most admired features of the British constitution.
转载请注明原文地址:https://jikaoti.com/ti/318YFFFM
0
考博英语
相关试题推荐
Americanwomenexperienceagreat【1】oflifestyles.A"typical"Americanwomanmaybesingle.Shemayalsobedivorcedormarried
TestshaveconfirmedthatfourpeopleinWisconsincontractedthemonkeypoxvirusaftercomingintoclosecontactwithpetprair
AlltherecentnewsonAIDSisbad.ThedeathofRockHudson【1】publicconcern-aboutthe【2】almosttothepointofpanic.Nowgen
Please______itthatthedoorislockedbeforeyouleave.
Ourape-menforefathershadnoobviousnaturalweaponsinthestruggleforsurvivalintheopen.Theyhadneitherthepowerfult
Ourape-menforefathershadnoobviousnaturalweaponsinthestruggleforsurvivalintheopen.Theyhadneitherthepowerfult
AnIndiananthropologist.ChandraThapar,madeastudyofforeigncultures,whichhadcustomssimilarto【1】ofhisnativeland.O
AnIndiananthropologist.ChandraThapar,madeastudyofforeigncultures,whichhadcustomssimilarto【1】ofhisnativeland.O
Itisnotconsidered_____topickone’steethinpublic.
Evenplantscanrunafever,especiallywhenthey’reunderattackbyinsectsordisease.Butunlikehumans,plantscanhavethei
随机试题
男性,42岁,上腹部刀割样剧烈疼痛10小时,伴恶心、呕吐,既往胃病史,近两日曾反复上腹痛。体温37.8℃,血压110/80mmHg,WBCl8×109/L,血淀粉酶150U/L,立位腹平片:膈下有可疑游离气体。最可能的诊断是
挂线疗法应用于高位肛瘘的主要优点是
A、泻下B、泻下稍缓,以清上焦实热为主C、泻下作用缓和,并增强活血去瘀之功D、泻下作用极微并有止血作用E、以消瘀为主酒大黄长于()
甲企业因不能清偿到期债务被申请破产,人民法院依法受理,在债权人会议上,通过了和解协议草案,则:
根据以下资料,回答问题。2008年上半年,上海市入境旅游的日本游客约为美国游客的()。
我国于()年对《义务教育法》做了最新修订。
我国第一条与国际互联网连接的专线是从中科院高能所到斯坦福大学直线加速器中心,它建成于
Whereistheball?
Wehadagoodtimethere,andthefoodwasplentifuland______.
A、Freeandqualityeducationforall.B、Nointerventionineducationbythegovernment.C、Morefreedomofeducationforchildren
最新回复
(
0
)