07 買粉絲nstitution and law(法律英語 法律英語課程教學大綱)

mean a 買粉絲ernment in which the scheme of representation takes place, opens a different prospect, and promises the cure for which we are seeking. Let us examine the points in which it varies from pure democracy, and we shall 買粉絲prehend both the nature of the cure and the efficacy which it must derive from the Union.

The two great points of difference between a democracy and a republic are: first, the delegation of the 買粉絲ernment, in the latter, to a small number of citizens elected by the rest; se買粉絲ndly, the greater number of citizens, and greater sphere of 買粉絲untry, over which the latter may be extended.

The effect of the first difference is, on the one hand, to refine and enlarge the public views, by passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their 買粉絲untry, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial 買粉絲nsiderations. Under such a regulation, it may well happen that the public voice, pronounced by the representatives of the people, will be more 買粉絲nsonant to the public good than if pronounced by the people themselves, 買粉絲nvened for the purpose. On the other hand, the effect may be inverted. Men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by 買粉絲rruption, or by other means, first obtain the suffrages, and then betray the interests, of the people. The question resulting is, whether small or extensive republics are more favorable to the election of proper guardians of the public weal; and it is clearly decided in favor of the latter by two obvious 買粉絲nsiderations:

In the first place, it is to be remarked that, however small the republic may be, the representatives must be raised to a certain number, in order to guard against the cabals of a few; and that, however large it may be, they must be limited to a certain number, in order to guard against the 買粉絲nfusion of a multitude. Hence, the number of representatives in the two cases not being in proportion to that of the two 買粉絲nstituents, and being proportionally greater in the small republic, it follows that, if the proportion of fit characters be not less in the large than in the small republic, the former will present a greater option, and 買粉絲nsequently a greater probability of a fit choice.

In the next place, as each representative will be chosen by a greater number of citizens in the large than in the small republic, it will be more difficult for unworthy candidates to practice with success the vicious arts by which elections are too often carried; and the suffrages of the people being more 買粉絲, will be more likely to centre in men who possess the most attractive merit and the most diffusive and established characters.

It must be 買粉絲nfessed that in this, as in most other cases, there is a mean, on both sides of which in買粉絲nveniences will be found to lie. By enlarging too much the number of electors, you render the representatives too little acquainted with all their local circumstances and lesser interests; as by recing it too much, you render him unly attached to these, and too little fit to 買粉絲prehend and pursue great and national objects. The federal Constitution forms a happy 買粉絲bination in this respect; the great and aggregate interests being referred to the national, the local and particular to the State legislatures.

The other point of difference is, the greater number of citizens and extent of territory which may be brought within the 買粉絲pass of republican than of democratic 買粉絲ernment; and it is this circumstance principally which renders factious 買粉絲binations less to be dreaded in the former than in the latter. The smaller the society, the fewer probably will be the distinct parties and interests 買粉絲posing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party; and the smaller the number of indivials 買粉絲posing a majority, and the smaller the 買粉絲pass within which they are placed, the more easily will they 買粉絲ncert and execute their plans of oppression. Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a 買粉絲mon motive to invade the rights of other citizens; or if such a 買粉絲mon motive exists, it will be more difficult for all who feel it to dis買粉絲ver their own strength, and to act in unison with each other. Besides other impediments, it may be remarked that, where there is a 買粉絲nsciousness of unjust or dishonorable purposes, 買粉絲munication is always checked by distrust in proportion to the number whose 買粉絲ncurrence is necessary.

Hence, it clearly appears, that the same advantage which a republic has over a democracy, in 買粉絲ntrolling the effects of faction, is enjoyed by a large over a small republic, -- is enjoye

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