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Some legal basis is indispensable to explain the somewhat oppressive relationship in which subjects occasionally stand to rulers. I believe it is to be found in the negotiorum gestio, wherein the body of citizens represents the dominus negotiorum, and the government represents the gestor. The Romans, with their marvellous sense of justice, produced that noble masterpiece, the negotiorum gestio.
But the gestor becomes similar to the dominus by his intervention, and is bound by the agreement quasi ex contractu. This is the legal relationship existing before, or, more correctly, created simultaneously with the State.
We cannot journey out of Egypt today in the primitive fashion of ancient times. We shall previously obtain an accurate account of our number and strength. The undertaking of that great and ancient gestor of the Jews in primitive days bears much the same relation to ours that some wonderful melody bears to a modern opera.
They need, above all things a gestor. This gestor cannot, of course, be a single individual. Such a one would either make himself ridiculous, or seeing that he would appear to be working for his own interests contemptible. The gestor of the Jews must therefore be a body corporate. And that is the Society of Jews.
The higher obligations may be formulated in different ways for the State, and so as to respond to individual degrees of culture attained by a growing general power of comprehension. The gestio is intended to work for the good of the dominus the people, to whom the gestor himself belongs. The gestor administers property of which he is joint-owner.
"The Jewish Company" became the Bank; then more specifically, the Jewish Colonial Trust and later the Anglo-Palestine Bank. The description of the Gestor, which appears in the final chapter of the pamphlet, was never referred to again, but in effect it was incorporated in the idea of a state in-the-process-of-becoming.
We cannot all be of one mind; the gestor will therefore simply take the leadership into his hands and march in the van. The action of the gestor of the State is sufficiently warranted if the common cause is in danger, and the dominus is prevented, either by want of will or by some other reason, from helping itself.
The gestor thus becomes answerable for every form of negligence, even for the failure of business undertakings, and the neglect of such affairs as are intimately connected with them, etc. I shall not further enlarge on the negotiorum gestio, but rather leave it to the State, else it would take us too far from the main subject.
This Society, the great "Gestor" of the Jews, will be formed by our best and most upright men, who must not derive any material advantage from their membership. Although the Society cannot at the outset possess any but moral authority, this authority will suffice to establish the credit of the Jewish Company in the nation's eyes.
When the property of an oppressed person is in danger, any man may step forward to save it. This man is the gestor, the director of affairs not strictly his own. He has received no warrant that is, no human warrant; higher obligations authorize him to act.
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