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Freedom is asserted to consist in the individuals of a State all agreeing in its arrangements it is
evident that only the subjective aspect is regarded。 The natural inference from this principle is； that
no law can be valid without the approval of all。 This difficulty is attempted to be obviated by the
decision that the minority must yield to the。 majority； the majority therefore bear the sway。 But
long ago J。 J。 Rousseau remarked； that in that case there would be no longer freedom； for the will
of the minority would cease to be respected。 At the Polish Diet each single member had to give
his consent before any political step could be taken； and this kind of freedom it was that ruined the
State。 Besides； it is a dangerous and false prejudice； that the People alone have reason and
insight； and know what justice is； for each popular faction may represent itself as the People； and
the question as to what constitutes the State is one of advanced science； and not of popular
decision。
§ 46
If the principle of regard for the individual will is recognised as the only basis of political liberty；
viz。； that nothing should be done by or for the State to which all the members of the body politic
have not given their sanction； we have； properly speaking； no Constitution。 The only arrangement
that would be necessary； would be； first； a centre having no will of its own but which should take
into consideration what appeared to be the necessities of the State； and； secondly； a contrivance
for calling the members of the State together； for taking the votes； and for performing the
arithmetical operations of reckoning and paring the number of votes for the different
propositions； and thereby deciding upon them。 The State is an abstraction； having even its generic
existence in its citizens； but it is an actuality； and its simply generic existence must embody itself in
individual will and activity。 The want of government and political administration in general is felt；
this necessitates the selection and separation from the rest of those who have to take the helm in
political affairs； to decide； concerning them； and to give orders to other citizens； with a view to the
execution of their plans。 If； e。g。； even the people in a Democracy resolve on a war； a general must
head the army。 It is only by a Constitution that the abstraction … the State … attains life and reality；
but this involves the distinction between those who mand and those who obey。 … Yet
obedience seems inconsistent with liberty； and those who mand appear to do the very
opposite of that which the fundamental idea of the State； viz。 that of Freedom； requires。 It is；
however； urged that； … though the distinction between manding and obeying is absolutely
necessary； because affairs could not go on without it … and indeed this seems only a pulsory
limitation； external to and even contravening freedom in the abstract … the constitution should be at
least so framed； that the citizens may obey as little as possible； and the smallest modicum of free
volition be left to the mands of the superiors； … that the substance of that for which
subordination is necessary； even in its most important bearings； should be decided and resolved on
by the People … by the will of many or of all the citizens； though it is supposed to be thereby
provided that the State should be possessed of vigour and strength as a reality … an individual
unity。 … The primary consideration is； then； the distinction between the governing and the governed；
and political constitutions in the abstract have been rightly divided into Monarchy； Aristocracy；
and Democracy； which gives occasion； however； to the remark that Monarchy itself must be
further divided into Despotism and Monarchy proper； that in all the divisions to which the leading
Idea gives rise； only the generic character is to be made prominent； … it being not intended thereby
that the particular category under review should be exhausted as a Form； Order； or Kind in its
concrete development。 But especially it must be observed； that the above…mentioned divisions
admit of a multitude of particular modifications； … not only such as lie within the limits of those
classes themselves； … but also such as are mixtures of several of these essentially distinct classes；
and isshapen； unstable； and inconsistent forms。 In such a collision； the
concerning question is； what is the best constitution； that is； by what arrangement； organisation or
mechanism of the power of the State its object can be most surely attained。 This object may
indeed be variously understood； for instance； as the calm enjoyment of life on the part of the
citizens； or as Universal Happiness。 Such aims have suggested the so…called Ideals of Constitution；
and； … as a particular branch of the subject； … Ideals of the Education of Princes （Fenelon）； or of
the governing body … the aristocracy at large （Plato）； for the chief point they treat of is the
condition of those subjects who stand at the head of affairs； and in these ideals the concrete details
of political organisation are not at all considered。 The inquiry into the best constitution is frequently
treated as if not only the theory were an affair of subjective independent conviction； but as if the
introduction of a constitution recognised as the best； … or as superior to others； … could be the
result of a resolve adopted in this theoretical manner； as if the form of a constitution were a matter
of free choice； determined by nothing else but reflection。 Of this artless fashion was that
deliberation； … not indeed of the Persian people； but of the Persian grandees； who had conspired
to overthrow the pseudo…Smerdis and the Magi； after their undertaking had succeeded； and when
there was no scion of the royal family living； … as to what constitution they should introduce into
Persia； and Herodotus gives an equally naive account of this deliberation。
§ 47
In the present day； the Constitution of a country and people is not represented as so entirely
dependent on free and deliberate choice。 The fundamental but abstractly （and therefore
imperfectly） entertained conception of Freedom； has resulted in the Republic being very generally
regarded … in theory … as the only just and true political constitution。 Many even； who occupy
elevated official positions under monarchical constitutions … so far from being opposed to this idea
… are actually its supporters； only they see that such a constitution； though the best； cannot be
realised under all circumstances； and that … while men are what they are … we must be satisfied
with less freedom； the monarchical constitution … under the given circumstances； and the present
moral condition of the people … being even regarded as the most advantageous。 In this view also；
the necessity of a particular constitution is made to depend on the condition of the people in such a
way as if the latter were non…essential and accidental。 This representation is founded on the
distinction which the reflective understanding makes between an idea and the corresponding
reality； holding to an abstract and