IX FREEDOM OF CONSCIENCE AND TOLERATION X THE TWILIGHT ZONE OF CARDINAL GIBBONS XI THE TWILIGHT ZONE OF INHERENT RIGHTS XII THE Twilight Zone OF MARRIAGE TABLE OF ABBREVIATIONS (For complete list of authors referred to vide infra pp. 331– 339) Acton, History: J. E. E. D. Acton, First Baron Acton, The History of Freedom and Other Essays. Acton, Correspondence: Selections from the Correspondence of the First Lord Acton. Bryce: J. Bryce, The Holy Roman Empire. Carlyle: R. W. and A. J. Carlyle, A History of Mediaval Political Theory in the West. C. E.: The Catholic Encyclopedia. Dunning: W. A. Dunning, A History of Political Theories; vol. i, Ancient and Mediæval; vol. ii, From Luther to Montesquieu. Emerton: E. Emerton, The Defensor Pacis of Marsiglio of Padua. E. B.: Encyclopædia Britannica. G. E. L.: The Great Encyclical Letters of Pope Leo XIII. Janus: Janus (Dr. J. J. I. von Döllinger), The Pope and the Council. Laski, Authority: H. J. Laski, Authority in the Modern State. Laski, Foundations: H. J. Laski, The Foundations of Sovereignty and Other Essays. Laski, Studies: H. J. Laski, Studies in the Problem of Sovereignty. Manning, Sermons: H. E. Cardinal Manning, Sermons on Ecclesiastical Subjects. Woywod: S. Woywod, A Practical Commentary on the Code of Canon Law. PREFACE TO SECOND EDITION The publication of this edition permits a few comments in reply to criticisms which have appeared from time to time in the reviews. THE SUPREMACY OF CONSCIENCE It is said that I advocate the moral supremacy of the State, with all the Hegelian and Austinian features, and even that I regard the Russian development as a triumph of moral idealism. There is not a page in my book which sustains these conclusions. It is true that I acknowledge the legal, de facto control, often designated "moral supremacy," of the State over moral conduct, but I postulate the right to the moral freedom or independence of the individual conscience. That conscience, though supreme in moral right, is of necessity subject de facto, by the inherent nature of human society, to the collective moral sense or conscience, of the civic community or State, expressed as law. It is by the de facto operation of this collective conscience in the State that anarchy, as a rule, is 1 The term "State" necessarily includes both the people and the government created by them. The government in the modern State is not supreme or omnipotent, for it is wholly subject to creation and determination at all points by the people in the exercise of their civic supremacy. The State combining both the government and the people has its omnipotence only in the civic primacy of the latter. |