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1. The functions of die sovereign power [summi imperii] and the means by which its force operates in states may be clearly inferred from the nature and purpose of states.
2. In a State all have subjected their own will to the will of those in power in matters affecting the state's security, so that they are willing to do whatever the rulers wish. For this to be possible, those in power must signify to the Citizens their will in such matters. They do this not only by instructions addressed to individuals on particular matters, but also by general rules, so that there may always be certainty as to what is to be done and what is not to be done. This is also the normal means by which it is determined what each must regard as his own and what as another's; what is to be taken as lawful in that State, what as unlawful; what as good, what as bad; what remains of each man's natural liberty, or how each must reconcile the enjoyment of his own rights with the tranquillity of the State; and what each man of his own right may require of another and in what manner. Clear definition of all these matters makes a vital contribution to the dignity and tranquillity of the State.
3. The over-riding purpose of states is that, by mutual cooperation and assistance, men may be safe from the losses and injuries which they may and often do inflict on each other. To obtain this from those with whom we are united in one society, it is not enough that we make agreement with each other not to inflict injuries on each other, nor even that the bare will of a superior be made known to the Citizens; fear of punishment is needed, and the capacity to inflict it immediately. To achieve its purpose, the penalty must be nicely judged, so that it clearly costs more to break the law than to observe it; the severity of the penalty must outweigh the pleasure or profit won or expected from wrongdoing. For men cannot help choosing the lesser of two evils.
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