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Nicholas of Cusa -
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Therefore since all men are free by nature, every government that restrains its subjects from evils and uses the fear of punishment to orient their freedom towards the good, whether it consists of written laws or of a living law in the person of the prince, is constituted only by the agreement and consent of the subjects. For if by nature men are equally powerful and equally free, then the true and well-ordered authority of one who is a fellow and equal in power can only be established by the choice and consent of others, just as laws are established by consent
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Now law ought to be made by all those who are to be bound by it, or by a majority in an election, because it is for the good of the community, and what affects all ought to be decided by all, and a common decision can only be reached by the consent of all, or of a majority. There can be no excuse for disobeying the laws when each has established the law for himself.
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A human society comes together by a general agreement in order to obey its kings. So in a truly well-ordered regime there ought to be an election of the ruler himself, by which the ruler is set up as the judge of those who choose him. Well-ordered and correct lordships and honors, then, are established by election, and so also are general judges established over those who elect them.
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By a law that was divine, most admirable, and bestowed by grace upon all, it was made known to men that community was greatly in their interest, and that they are therefore preserved by an order in which laws are established by the common consent of all, or at least of the wise and heroic, with the others' support
Nicholas of Cusa
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There is a marvelous turn and trick to British arrogance; its apparent unconsciousness makes it twice as effectual.
Catherine Drinker Bowen
Nicholas of Cusa
Creative Commons
Born:
1401
Died:
August 11, 1464
(aged 63)
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