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Nicholas of Cusa -
Laws
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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
Nicholas of Cusa
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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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That all legislation is based on the natural law, and that all coercion must be brought about by the choice and consent of the subjects, since we are equally free by nature, and that jurisdictions that are created have no power from themselves, but only according to the laws and canons. This is a fine argument.
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For this reason You have given Your people diverse kings and seers, who are called prophets, of whom the majority instituted cults and laws corresponding to the purpose of their legation in Your name, and thus instructed the uncultivated people. They subsequently accepted these laws, as if You, the King of Kings, had spoken with them face to face, and believed they heard not those men, but rather You in 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
Quote of the day
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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