[The Origins of Contemporary France Volume 5 (of 6) by Hippolyte A. Taine]@TWC D-Link bookThe Origins of Contemporary France Volume 5 (of 6) CHAPTER II 3/45
Constituted as this is, not by human judgment, but by the preponderance of numbers and their force, its mechanism is determined beforehand; it excludes certain wheels and connections.[4206] That is why the legislator must write laws which reflect the nature of our existence, or, at least, translate this as closely as he can, without any gross contradiction.
Nature herself presents him with ready-made statutes.[4207] His business is to read these properly; he has already transcribed the apportionment of burdens; he can now transcribe the apportionment of rights. So, we have seen, local society renders two distinct services[4208], which, that the expenses of both may be met, require two distinct assessments, one personal and the other real, one levied on everybody and of which the amount is alike for all, and the other levied only on those whose amount is based on what he spends, on the importance of his business, and on the income from his real estate .-- In strict equity, the amount of the former should be equal to the average amount of the latter; in effect, as has been shown, the services defrayed by the former are as many, as diverse, and as precious, still more vital, and not less costly than those of which the latter is the price.
Of the two interests which they represent, each, did it stand alone, would be obliged to secure the same services, to take upon itself the whole of the work; neither would obtain more in the dividend, and each would have to pay the whole of the expense.
Accordingly, each gains as much as the other in the physical solidarity which binds them together.
Hence, in the legal bond which unites them they enter into it on an equal footing, on condition that each is burdened or relived as much as the other, on condition that if the latter assumes one-half of the expense the former shall assume the other half, on condition that if the latter quota on each one hundred francs expended against calamities and for public roads is 50 francs, the former quota shall also be 50 francs .-- Practically, however, this is impossible.
<<Back Index Next>> D-Link book Top TWC mobile books
|