ABSTRACT

Morality is prior to law in the sense that there can be morality without law, but not law without morality. It has a rational basis in certain conditions necessary for human co-operation: that is, co-operation between self-conscious beings capable of communication, decision and choice. Morality is backed only by the informal sanction of public opinion. Legal sanctions are to be used only against law-breakers. There are two fundamental reasons: security and a system of law enables a community to organize and regulate its affairs for the benefit of all its members. A government acts politically whenever it tries to explain, justify and defend its policies and to gain popular support. A logical consequence of the concept of politics here presented is that there can be no politics properly so called unless the form of government is representative. Politics can only take the form of intrigue and subversion.