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Enquêtes parallèles partie 3 : Peter (French Edition)

Notre traduction du terme mortgage machine. Although advocates of the current regime embrace floating rates, derivatives, and other practices, they do so because they believe that markets are efficient and welfare-maximizing and that actors have rational expectations. Keywords: critical metaphor analysis, conceptual metaphors of the financial crisis, news translation, Canadian press, subprime mortgage crisis. Parties annexes Notes [1] Voir la rubrique 3. Translation in Global News. Google Scholar. Section 2.

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En un mot, M. Mais il les distingue fort peu. Article B. En effet, le.

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Les normes sont ouvertes, de sorte que le juge peut tenir compte de chaque. Ainsi, M. Est-ce un bien? Est-ce un mal? Ainsi, Monsieur Roderick A.

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Larry A. Les exemples sont innombrables. Ainsi M. Il est donc essentiellement question de bonne foi. I have earned the right to be thought sincere, when I plead the cause of peace 4. Such is a brief sketch of the last three of the Lettres de la Montagn. It remains only to take up a few of the more marked arguments in these Letters, and in the one preceding them; and to consider their bearing both upon the political theories of Rousseau and upon the history of his native city. And we are driven to ask what induced him to make so light of his own originality. His motives, it is probable, were partiy dialectical, and partly those of argumentative convenience.

On the one hand, he knew—no man better—that the bold course is also the safe course. And the very thing which would have deterred some men from flinging down a challenge to their assailants was an added spur to him. On the other hand, it was a brilliant stroke to demonstrate, as he does with unanswerable force, that the same doctrine which had won honour for the English philosopher, had brought nothing but insults and banishment to himself 2.

The one thing we must not allow ourselves to do is to take Rousseau at his word. His real mission, as we have seen, was not to repeat Locke, but to confute him; not to continue the line of thought which the Essay of Civil Government had marked out, but to strike out a new path of his own. So much may be detected even from the Letter which he devotes to the subject in the present treatise. And, however exaggerated the form of the statement, this is the truly original and fruitful strain in the political theory of Rousseau. The other chief diffculty is that presented by the doctrine of Sovereignty, as expounded and applied in the later Letters.

According to the Contrat social , the sovereignty of the people is without bounds in theory; in practice its exercise is limited by not a few startling restrictions: restrictions, however, all of which follow necessarily from definitions explicitly laid down at the beginning. And all which is not directly involved in the right of legislation falls beyond the immediate purview of the sovereign body. Thus the act of declaring war and making peace and, with it, the act of concluding treaties and alliances, not being acts of legislation, are not acts with which the Sovereign is directly concerned.

For the same reason, the administration of the existing Law must be left to the discretion of the Government legally appointed by the sovereign body.


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The control which rightfully belongs to the latter, in this as in all other matters of execution, is not direct, but indirect. It is to be exercised not at the moment, but at stated intervais; not in detail, but by way of general supervision 2. These conclusions are based upon grounds of Right; they are also based on grounds of expediency.

And, from the nature of the case, it is the latter only which admit of discussion. The real reason which led Rousseau to draw so sharp a distinction between the legislative and the executive power, between the abstract right of sovereignty and its actual exercise, was the conviction, on the one hand, that no man or body of men can be trusted at once to make the Law and to apply it in detail; and, on the other hand, that no untrained body of men—and the mass of the citizens must always be untrained—is fit to deal with the intricacies of administration; least of all with foreign affairs which, in addition to their exceptional intricacy, are wholly remote from their daily life and knowledge The resuit of defying these principles is disaster.

Foreign affairs become the sport of ignorance and passion. With home affairs, the objection may be less obvious; but it is as fatal. Not only are they mismanaged; but, from constant straining of the Law to meet special cases and individual interests, they become an unfailing source of corruption. Thus, justice is poisoned at the fountain-head; and the sovereignty of the people, wrongly interpreted becomes the worst of all abuses 1.

That is the doctrine of the Contrat social. With one exception, it is the doctrine also of the Lettres de la Montagne. Once more, Rousseau draws the sharpest distinction between the theoretical right of sovereignty and its actual exercise: between the legislative power of the whole body of citizens and the executive power of the Government—in this instance, the Petit Conseil. Once more, he denies that the mass of citizens is capable of dealing wisely with foreign affairs or the details of domestic administration.

Once more and with every resource of argument, he asserts the inalienable right of those who make the Law to a general, as opposed to a direct and detailed, control of its execution; and, with unanswerable force, shews that, without such control, the legislative power, Edition: current; Page: [ ] which constitutes the essence of sovereignty, is no more than an empty name. There is one concession, however, which a study of the Contrat social would certainly not have led us to expect.

That is his refusal to claim for the sovereign body, the General Council, the right of initiating legislation. As to the fact, there is no room for doubt. The disclaimer is repeated more than once, and in terms as explicit as could readily have been found 1. It cannot, perhaps, be said that there is anything expressly contrary to such a doctrine in the letter of the Contrat social.

But the whole spirit of the treatise is against it. If the sovereign body is not entitled to consider and pass any law but those prepared and put before it by the Executive, then the sovereign is no longer sovereign; the Executive is its master. The right to initiate laws is as much a necessary part of the legislative power as the right to control their execution.

Rousseau asserts the latter; he roundly repudiates the former. Take the tale of reforms carried since the beginning of the last century; and we shall see that, with hardly an exception they were originally proposed by private Members, and passed only when the pressure of public opinion, aroused in the course of repeated discussion, compelled the Government of the day to take them up. And the list might be greatly prolonged. With all the facilities for free discussion provided in our Parliament, most of these reforms were carried only after long delay: in the case of Parliamentary Reform, a delay of fifty years.

Does any man believe that this would have been a good thing? No certain answer can be given. It may have been a desire to narrow the issue as far as possible; to reduce it to the one plea that the Executive is responsible to the Legislative for exact obedience to the Law. It may have been an instinctive dread of hasty legislation, a genuine readiness to accept any check, however galling, which might serve to prevent it 1. It may have been any of these, or perhaps all of them together. In any case, we have here a marked instance of the caution with which he has seldom been credited, but which, particularly in the form of respect for historical tradition, the influence of Montesquieu made a vital part of his political teaching.

And in this instance, as in that of Poland, the caution is pushed to the verge of timidity. The liveliest Letter of the series, and in many ways the most striking, is undoubtedly the last. Here Rousseau leaves behind the more technical argument of the earlier Letters, and takes up the wider issues raised by the Lettres de la Campagne.

Throwing aside all minor questions, he fastens at once upon the main point in dispute. Let us confine ourselves therefore to weighing the reasons which he brings forward in support of this Right: a right, the admission or rejection of which is, in itself, enough to make you bond or free 3. The main arguments upon which Tronchin relies, he insists, are those drawn from historical analogy: but historical analogy, so inaccurately presented and so loosely applied as to be worse than useless for the purposes to which he puts it.

But what, after all, is the assumption underlying all this torrent of false analogy and sophistical deduction?

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It is that the citizens of Geneva are turbulent firebrands, always grasping at power always burning to meddle with matters which they do not understand. This is the red spectre, with which the champion of the Petit Conseil seeks to terrify himself and others. This is the bogey with which he strives to frighten you into accepting the usurpations of his clients.

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Was there ever an assumption more manifestly false? Was there ever a scare more shamelessly manufactured? The exact reverse of this is the truth.


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  8. The difficulty has always been that the citizens are too deeply absorbed in their own affaire to attend to those of the State; that they have never opened their eyes to the dangers which threaten their liberties until it is almost too late. It is only the recklessness of the Magistrates that has saved the city from their tyranny; it is only their greed in grasping at supreme power that has prevented them from seizing it.

    How different is the conduct of the citizens! When they have at length roused themselves to resistance, they have never forgotten either to restrain themselves, or to respect the claims of others. The whole argument is significant. It proves Rousseau to have held the key to the historical method.

    It proves him to have possessed the rare power of seeing the facts—however complicated however skilfully misrepresented—as they really are. The methods of Tronchin are loose, his constitutional knowledge ludicrously inaccurate 4. The picture painted by Tronchin is a fancy picture. That of Rousseau, it would now generally be admitted, is drawn from the life.

    In following the history of Geneva during the eighteenth century it is hard to resist the conclusion that the indictment of the Lettres de la Montagne is substantially true; that the Petit Conseil —inspired, doubtless, by an unaffected dread of democracy—had a settled design of drawing all the power it could seize into its own hands; and that the means it pursued for the attainment of this end were often arbitrary and unconstitutional, not seldom oppressive and even cruel.

    Their persistent refusal to publish the Code of political Edicts, upon which the whole government of the State was constitutionally held to rest 1 ; their readiness to sacrifice the sovereignty of the city by constant appeals to foreign powers whose will they sought to impose by force upon the General Council 2 ; their ruthless policy of treating all those who criticised their administration as public enemies, to be punished by exile, imprisonment, or death 3 —all these things are evidence from which it is impossible to escape.

    And the evidence becomes more and more damning, as the century wears on. At the earlier Mediation —8 , the utmost care had been taken on all sides to preserve the sovereignty of the city intact. And the First Syndic was Edition: current; Page: [ ] equally strong in attributing the right of final decision to the General Council, untrammelled by pressure whether from within or from without 1.


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    Very different was the attitude both of the Petit Conseil and of the Powers—of the French Envoy, in particular—at the later Mediation.