2. The modern State has become conscious of the limits of its power, and its rights. It considers itself essentially a legal and political community. It gives up its claim to dominate religion and worship, and leaves both to churches and individuals. The priesthood is an ecclesiastical office. The modern State claims no scientific and no artistic authority, it esteems and protects freedom of scientific enquiry and of expression of opinion.

3. Man has his rights as an individual, private law is sharply distinguished from public law, and is rather recognised than created by the State, rather protected than commanded. The free person is not absorbed in the State, but develops himself independently, and exercises his rights, not according to the will of the sovereign State, but according to his own.

4. The sovereignty of the State is constitutionally limited.

1

5. The modern State is representative. In place of these mass assemblies comes a representative body chosen by the citizens. These representative bodies have more capacity than the ancient popular assemblies to examine laws, to decide and exercise control.

6. Modern States are essentially national States. The city is only a community in the State, and not the heart of the State.

7. In the ancient State public activities were distinguished by their nature and objects, but usually the same assemblies and magistrates exercised different functions, legislative and administrative, imperium and jurisdictio.

8. The ancient State felt itself limited externally only by the resistance of other States, and not by a common international law. Rome pursued without scruple the dominion of the world as her natural privilege.

State are as follows:

:

MEDIEVAL STATE.

1. The middle ages derived the State and the authority of the State from God. The State was held to be an organisation willed and created by God.

2. The conception of the State was based on and regulated by theological principles. Islam, which belonged altogether to the middle ages, recognised only a kingdom of God, which was entrusted by God to the Sultan. Medieval Christianity avowed the dualism of Church and State, but believed that both swords, the spiritual and the temporal, were entrusted by God, the one to the Pope, and the other to the Emperor. Protestant theology rejected the idea of the spiritual

1. The modern State is founded ern State

by human means on human regarding: Divinenature. The State is an organ- human isation of common life formed origin. and administered by men, and for human ends.

2. The fundamental principles Theology of the State are determined by -Science the human sciences of philosophy and history. Modern political science starts from the consideration of man in explaining the State. Some consider the State to be a society of individuals who have united together for the defence of their safety and freedom; others as an embodiment of the nation in its unity. The modern idea of the State is not religious, but not therefore irreligious, i. e. it does not make the

State depend upon religious belief, but it does not deny that God has made human nature, and that His providence has a part in the government of the world. Modern political science does not profess to comprehend the ways of God, but endeavours to understand the State as a human institution.

3. All theocracy is repellent to the political consciousness of modern nations. The modern State is a human constitutional arrangement. The authority of the State is conditioned by public law, and its politics aim at the welfare of the nation (the commonweal), understood by human reason, and carried out by human means.

4. The modern State does not consider religion a condition of legal status (Recht). Public and private law are independent of creed. The modern State protects freedom of belief, and unites peacefully different churches and religious societies. It abstains from all persecution of dissenters or unbelievers.

5. The modern State regards itself as a person, consisting at once of spirit (the national spirit) and body (the constitution). It feels itself independent, even as against the Church, which is likewise a collective person, consisting of spirit and body, and maintains its supremacy even over the Church. It recognises no superior status in the clergy,

6. In the middle ages the Church guided the education of the young, and exercised authority over science,

7. Public and private law were not distinguished, territorial sovereignty was held to resemble property in land, and the royal power a family right,

8. The middle ages produced the feudal system. The power of the State was split up, and there was a gradual descent from God to the king, from him to the princes, then to the knights and the towns, The organisation of law was particularistic.

9. Representation was according to estates. The aristocratic estates of the clergy and the nobility dominated. Law was different in each estate,

10. Great and small lords had the freedom of their dynasties and orders so extensively protected, that the authority of the State was weakened, On the other hand the peasantry were kept in an unfree condition,

II. The medieval State was merely a legal State (Rechtsstat); but the administration of justice

Uncon

scious custom--conscious

was indifferently guarded, and people were often left to maintain their own rights. Government and administration were weak and little developed.

12. The medieval State had little consciousness of its own spirit. It was determined by legislation. instincts and tendencies. It gives one the impression of natural growth; custom was the chief source of its law.

it concerns itself with economics and culture, and above all with politics. Government is strong, and administration is carefully developed with a view to the welfare of the nation, and of society.

12. The modern State is conscious of itself, it acts according to principles and from reason rather than from instinct. Legislation is the principal source of its law.