substantially similar to that which the courts have sometimes to draw between acts which constitute treason as defined in the United States Constitution and those which do not.2

Organized political parties which are formed in States whose governments are more or less subject to popular control play an important part in the determination and execution of the policies of those States. Strictly or legally speaking, these party machineries are not parts of the States' governments. In certain respects they may be subject to legal regulation, but, from their very nature, as determined by the functions which they exercise, they are organizations voluntarily established and maintained by their adherents. Though thus not a part of the government, their aim is to obtain control of the government in order that the public policies which their respective members support may be carried into effect. Their purpose is thus primarily political, and the study of their forms of organization, their activities and their modes of operation is an important and legitimate branch of Political Science.

The Science, the Art, and the Philosophy of Politics Distinguished. In the preceding paragraphs the term Science as contained in the title "Political Science" has been used in a general sense as carrying with it no other meaning than that of systematic and logical treatment of matters of a political character. Within the field of inquiry thus comprehensively marked out there is room

"In the case of United States v. Mitchell (2 Dallas 343), it was held by the federal Supreme Court that a gathering of armed men, the object of which was to suppress the excise offices and to prevent by force and intimidation the execution of an act of Congress, was a levying of war, that is, an attack upon the integrity of the government itself and, as such, constituted a treasonable organization. Upon the other hand, it was held, in the case of United States v. Hoxie (Paine, 265), that if the resistance to the law had no public purpose in view, treason was not committed however great might be the amount of force employed. Cf. Willoughby, Constitutional Law of the United States, vol. I, p. 443.

for a Science, in the narrower sense of the word, as well as for an Art and for a Philosophy of Politics.

In this narrower sense of the word, that is, as contrasted with an Art or Philosophy, the Science of Politics seeks an accurate description and classification of political institutions, and the precise determination of the forces which create and control them. It thus satisfies the definition of Science as "knowledge gained and verified by exact observation and correct thinking, especially as methodically formulated and arranged in a rational system."3

The Art of Politics. The Art of Politics, as distinguished from its Science, has for its aim the determination of the principles or rules of conduct which it is necessary to observe if political institutions are to be efficiently operated. How precisely and specifically these rules can be laid down as regards the precepts contained in them, or how general their applicability as regards time, place and people, can be declared to be, is a question that must be answered in each individual case. Certainly, because of the extraordinary variety of conditioning circumstances that may exist, it is not possible to create an Art of Statesmanship as complete and specific as is possible in the case of arts founded upon data collected in the fields of the so-called exact or experimental sciences. But that the Political Scientist can furnish the information upon which sound advice can be based with regard to the organization and operation of governments so that they may efficiently realize the purposes for which they are established and maintained, there can be no doubt. Human thought would indeed be bankrupt if it were to confess itself unable to raise the conduct of public affairs above the plane of mere chance or of specific judgments uncontrolled or uninfluenced by the conclusions reached 'Standard Dictionary. verb. “Science."

by the systematic study of political phenomena and forces.

Political Philosophy. When a Political Philosophy is spoken of, the word philosophy is not used in its metaphysical or epistemological sense, nor as indicating a synthesis of political conclusions in a sense analogous to that employed by Herbert Spencer when he designated his system of thought a Synthetic Philosophy-a Scientia Scientiarium. The only meaning attached to the word is that which it has when one speaks of the discussion of the essential characteristics of the material and phenomena of any particular branch of knowledge as its "philosophy." Political Philosophy, as thus understood, is abstract, but not hypothetical or visionary. It deals with generalizations rather than with particulars, and seeks to determine essential and fundamental qualities as distinguished from accidental or unessential characteristics. Though abstract and theoretical, its results are precise, and, indeed, furnish the basis for exact political thinking.

Juristic and Ethical Political Philosophy Distinguished. Surveying the general domain of Political Theory or Philosophy, it is found that the field is divisible into two areas sharply distinguishable from each other. In the one area the aim is to determine the nature of the State as the creator and enforcer of positive law, that is, as regarded by Public Law. As thus viewed, the inquiries are wholly juristic, and, as will later appear, formalistic in character. In the other department of political speculation, the nature and sphere of authority of the State is sought to be ascertained in the light of the purposes for the realization of which it exists. This branch of political theory may therefore be termed Ethical or Final Political Philosophy. It defines the State in terms of its

ends and essays to determine what its activities and organization should be in the light of those ends.

In the present volume, as stated in the Preface, the State will be juristically considered, that is, as a concept of Public Law. In a companion volume shortly to be issued the principles of Ethical Political Philosophy will be examined.

CHAPTER II

JURISTIC POLITICAL PHILOSOPHY

THE State which, in its manifold activities and forms of organization, furnishes the material for Political Science may be regarded from a number of viewpoints. It may be studied sociologically as one of the factors, as well as one of the results, of communal life; it may be examined historically for the purpose of ascertaining the part which it has played in the life of humanity, its varying phases of development being traced and their several causes and results determined; it may be considered as an entity to the existence and activities of which are to be applied the ethical criteria which the moralist and philosopher establishes; it may be psychologically surveyed in order to make plain the manifestations of will, emotion and judgment which support and characterize its life; it may be regarded from the purely practical standpoint to determine how it may be most efficiently organized and operated; and, finally, it may be envisaged and studied by the analytical jurist simply as an instrumentality for the creation and enforcement of law.

Aim of Analytical or Juristic Political Philosophy. Juristic political philosophy, then, has for its purpose the determination of the nature of the State as an organization for the creation and enforcement of law. As thus limited, the inquiry is not concerned with political policies, whether from the ethical or the practical point of view. The practical phases of political rule do not fall,