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The remodelling of the criminal as of civil procedure stood in connection with a general arrangement respecting the transference of magisterial power to deputies or successors. While the king had been absolutely at liberty to nominate deputies but had never been compelled to do so, the consuls exercised the right of delegating power in an essentially different way.
Otto experienced further difficulties in controlling his Belgian possessions, and only succeeded by delegating his power to his brother Bruno, Archbishop of Cologne, and germanizing the Lotharingian bishoprics of Liége and Cambrai. For over a century, the German or germanized high clergy became the strongest supporters of the emperor's influence in the country.
The task of convening the citizens for the trial of each offender became more difficult as the citizens and the offenders continually multiplied, and the ready expedient was adopted of delegating the jurisdiction of the people to the ordinary magistrates or to extraordinary inquisitors. In the first ages these questions were rare and occasional.
The soul of all crime is self-seeking in place of neighborly good will; we send men to prison to get them out of our way, and that is criminal self seeking and ill will to the neighbor delegating to hirelings our own proper business. In attempting thus selfishly to extirpate crime, we commit the crime least of all forgivable the denial of human brotherhood and responsibility.
As the people could not directly govern itself, the principle exacted that it should do so as nearly as possible, by means of a perpetual control over the delegates. The parliamentary vote ought to be constantly brought into harmony with the wish of the constituency, by the press, the galleries and the mob. To act consciously in opposition to the delegating power was a breach of trust.
The attack on Engadir being the jewel of Westerling's own planning, he was disinclined to risk success by delegating authority, which also meant sharing the glory of victory. Bouchard's note, though officially dismissed as a matter of pathology, would not accept dismissal privately.
Philip, however, though henceforth he passed the whole of his life in Spain, had no intention of loosening in any way his grasp of the reins of power or of delegating any share of his sovereign authority.
It is limited by geography; by the means of transportation and communication; by overhead costs that increase geometrically as the civilization expands arithmetically; by the means of delegating responsibility; by accounting devices, available raw materials and labor power; by power struggles inside the ruling oligarchies; by the failure to maintain a balance between centerism and localism; by growing local demands for self-determination; by the invasion of nomads seeking to plunder the tempting honey pot at the nucleus of the civilization.
The universal state described above would be an association of sovereign states, each delegating a sufficient measure of its sovereignty to enable the World Federation to act as a responsible planet-wide government. "In every case the needed steps take us away from division, from single shot interventions, separatist tendencies and driving ambitions and greeds.
A democracy is or should be constantly delegating an effective share in this responsibility to its official leaders, but only on condition that the power and responsibility delegated is partial and is periodically resumed. The only Americans who hold important official positions for life are the judges of the Federal courts.
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