LITMIR.BIZ

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this institution turns into the opposite of what it stands for. The election becomes the business of a few, of a single party, of a special interest, which should, in fact, be neutralized.

      Through the publicity of the assembly of classes public opinion first acquires true thoughts and an insight into the condition and the notion of the State and its affairs, and thus develops the capacity of judging more rationally concerning them; it learns, furthermore, to know and respect the routine, talents, virtues, and skill of the authorities and officers of the State. While publicity stimulates these talents in their further development and incites their honorable display, it is also an antidote for the pride of individuals and of the multitude, and is one of the greatest opportunities for their education.

      It is a widespread popular notion that everybody already knows what is good for the State, and that it is this common knowledge which finds expression in the assembly. Here, in the assembly, are developed virtues, talents, skill, which have to serve as examples. To be sure, the ministers may find these assemblies onerous, for ministers must possess large resources of wit and eloquence to resist the attacks which are hurled against them. Nevertheless, publicity is one of the best means of instruction in the interests of the State generally, for where publicity is found the people manifest an entirely different regard for the State than in those places where there are no assemblies or where they are not public. Only through the publication of every one of their proceedings are the chambers related to the larger public opinion; and it is shown that what one imagines at home with his wife and friends is one thing, and what happens in a great assembly, where one feat of eloquence wrecks another, is quite a different thing.

      PUBLIC OPINION

      Public opinion is the unorganized way in which what a people wants and thinks is promulgated. That which is actually effective in the State must be so in an organic fashion. In the constitution this is the case. But at all times public opinion has been a great power, and it is particularly so in our time, when the principle of subjective freedom has such importance and significance. What shall now prevail, prevails no longer through force, little through use and custom, but rather through insight and reasons.

      Public opinion contains, therefore, the eternal substantial principles of justice, the true content, and the result of the whole constitution, legislation, and the universal condition in general. The form underlying public opinion is sound common sense, which is a fundamental ethical principle winding its way through everything, in spite of prepossessions. But when this inner character is formulated in the shape of general propositions, partly for their own sake, partly for the purpose of actual reasoning about events, institutions, relations, and the recognized wants of the State, there appears also the whole character of accidental opinion, with its ignorance and perversity, its false knowledge and incorrect judgment.

      It is therefore not to be regarded as merely a difference in subjective opinion when it is asserted on the one hand—

      "Vox populi, vox dei";

      and on the other (in Ariosto, for instance)—2

        "Che'l Volgare ignorante ogn' un riprenda

          E parli piü di quel che meno intenda."

      Both sides co-exist in public opinion. Since truth and endless error are so directly united in it, neither one nor the other side is truly in earnest. Which one is in earnest, is difficult to decide—difficult, indeed, if one confines oneself to the direct expression of public opinion. But as the substantial principle is the inner character of public opinion, this alone is its truly earnest aspect; yet this insight cannot be obtained from public opinion itself, for a substantial principle can only be apprehended apart from public opinion and by a consideration of its own nature. No matter with what passion an opinion is invested, no matter with what earnestness a view is asserted, attacked, and defended, this is no criterion of its real essence. And least of all could public opinion be made to see that its seriousness is nothing serious at all.

      A great mind has publicly raised the question whether it is permissible to deceive a people. The answer is that a people will not permit itself to be deceived concerning its substantial basis, the essence, and the definite character of its spirit, but it deceives itself about the way in which it knows this, and according to which it judges of its acts, events, etc.

      Public opinion deserves, therefore, to be esteemed as much as to be despised; to be despised for its concrete consciousness and expression, to be esteemed for its essential fundamental principle, which only shines, more or less dimly, through its concrete expression. Since public opinion possesses within itself no standard of discrimination, no capacity to rise to a recognition of the substantial, independence of it is the first formal condition of any great and rational enterprise (in actuality as well as in science). Anything great and rational is eventually sure to please public opinion, to be espoused by it, and to be made one of its prepossessions.

      In public opinion all is false and true, but to discover the truth in it is the business of the great man. The great man of his time is he who expresses the will and the meaning of that time, and then brings it to completion; he acts according to the inner spirit and essence of his time, which he realizes. And he who does not understand how to despise public opinion, as it makes itself heard here and there, will never accomplish anything great.

      FREEDOM OF THE PRESS

      The freedom of public utterance (of which the press is one means, having advantage over speech in its more extended reach, though inferior to it in vivacity), the gratification of that prickling impulse to express and to have expressed one's opinion, is directly controlled by the police and State laws and regulations, which partly hinder and partly punish its excesses. The indirect guarantee lies in its innocuousness, and this again is mainly based on the rationality of the constitution, the stability of the government, and also on the publicity given to the assemblies of the classes. Another security is offered by the indifference and contempt with which insipid and malicious words are, as a rule, quickly met.

      The definition of the freedom of the press as freedom to say and write what one pleases, is parallel to the one of freedom in general, viz., as freedom to do what one pleases. Such views belong to the uneducated crudity and superficiality of naïve thinking. The press, with its infinite variety of content and expression, represents what is most transient, particular, and accidental in human opinion. Beyond the direct incitation to theft, murder, revolt, etc., lies the art of cultivating the expression which in itself seems general and indefinite enough, but which, in a measure, conceals a perfectly definite meaning. Such expressions are partly responsible for consequences of which, since they are not actually expressed, one is never sure how far they are contained in the utterances and really follow from them. It is this indefiniteness of the content and form of the press which prevents the laws governing it from assuming that precision which one demands of laws. Thus the extreme subjectivity of the wrong, injury, and crime committed by the press, causes the decision and sentence to be equally subjective. The laws are not only indefinite, but the press can, by the skill and subtlety of its expressions, evade them, or criticise the judgment of the court as wholly arbitrary. Furthermore, if the utterance of the press is treated as an offensive deed, one may retort that it is not a deed at all, but only an opinion, a thought, a mere saying. Consequently, impunity is expected for opinions and words, because they are merely subjective, trivial, and insignificant, and, in the same breath, great respect and esteem is demanded for these opinions and words—for the opinions, because they are mine and my mental property, and for the words, because they are the free expression and use of that property. And yet the basic principle remains that injury to the honor of individuals generally, abuse, libel, contemptuous caricaturing of the government, its officers and officials, especially the person of the prince, defiance of the laws, incitement to revolt, etc., are all offenses and crimes of different grades.

      However, the peculiar and dangerous effect of these acts for the individuals, the community, and the State depends upon the nature of the soil on which they are committed, just as a spark, if thrown upon a heap of gunpowder, has a much more dangerous result than if thrown on the mere ground, where it vanishes and leaves no trace. But, on the whole, a good many such acts, though punishable by law, may come under a certain kind of nemesis which

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