I.
Principal service rendered by the public power. - It is an instrumentality. - A common law for every instrumentality. -Mechanical instruments. - Physiological instruments. - Social instruments. - The perfection of an instrument increases with the convergence of its effects.
What is the service which the public power renders to the public? -The principal one is the protection of the community against the foreigner, and of private individuals against each other. - Evidently, to do this, it must in all cases be provided with indispensable means, namely: diplomats, an army, a fleet, arsenals, civil and criminal courts, prisons, a police, taxation and tax-collectors, a hierarchy of agents and local supervisors, who, each in his place and attending to his special duty, will co-operate in securing the desired effect. -Evidently, again, to apply all these instruments, the public power must have, according to the case, this or that form or constitution, this or that degree of impulse and energy: according to the nature and gravity of external or internal danger, it is proper that it should be concentrated or divided, emancipated from control or under control, authoritative or liberal. No indignation need be cherished beforehand against its mechanism. Strictly speaking, it is a vast piece appliance in the human community, such as a machine in a factory or such as organ in the human body. If this organ is the only on that can carry out the task, let us accept it and its structure: whoever wants the end wants the means. All we can ask is that the means shall be adapted to the end; in other terms, that the myriad of large or small local or central pieces shall be determined, adjusted, and coordinated in view of the final and total effect to which they co-operate nearly or remotely.
But, whether simple or compound, every engine which does any work is subject to one condition; the better it is suited to any distinct purpose the less it is suited to other purposes; as its perfection increases, so does its application become limited. - Accordingly, if there are two distinct instruments applied to two distinct objects, the more perfect they are, each of its kind, the more do their domains become circumscribed and opposed to each other; as one of them becomes more capable of doing its own work it becomes more incapable of doing the work of the other; finally, neither can take the place of the other, and this is true whatever the instrument may be, mechanical, physiological, or social.