ernmental Differentiation, 174.-The Executive De-

partment, 175.-Limitations on Royal Power, 176.-

Russia as Illustration, 179

CHAPTER XII

THE EXECUTIVE DEPARTMENT

The Two Functions of the Executive Department, 182.—

I. The Powers of the Executive, 182.-II. Adminis-

trative Powers, 182.-The Executive Head, 183.-The

Development of Leadership, 183.-Rise of Monarchy,

184. Royal Power, 185.-The King Limited by Con-

stitution, 186.-Types of Governmental Headship,

187.-The Cabinet, 189.-The Autocratic Type, 189.

-Japan, 190.-Japan's Bureaucracy, 190.-Great

Britain, 192.-United States of America, 194.—Con-

trasts in these Types, 195 .

CHAPTER XIII

ADMINISTRATIVE ORGANIZATION

Differentiation of Administration, 197.-I. Differentiation

Into Branches of Administration, 197.-II. Differ-

entiation of the Religious Function, 198.-III. Dif-

ferentiation of the Judicial Function, 199.-IV. Dif-

ferentiation of Lawmaking, 200.-V. Differentiation

of the Electorate, 201.-Administrative Departments,

201.-The Civil Service, 203.-Officeholders, 203.-

The Right of Instruction, 205.-Administrative Dis-

tricts, 206.-Local Autonomy or Home Rule, 208.-

Japan's Administrative System, 210

CHAPTER XIV

THE JUDICIAL DEPARTMENT

PAGE

164

182

197

The Judicial Function, 214.-Executive Judicial Power,

214.-Administrative Courts, 216.-French Adminis-

trative Courts, 217.-Administrative Law, 218.-

American Administrative Courts, 219.-Development

of the Judicial Department, 221.-Privileged Classes,

223.-Systems of Courts, 224.-Equity Courts, 225.-

Specialized Jurisdiction, 226.—Administrative Aspect

of the Judicial Department, 227.-Legal Penalties,

228. The Four Stages of Punishments, 229.-Torture

and the Ordeal, 231.-Modern Penal Systems, 232. 214

--

CHAPTER XV

THE LAWMAKING DEPARTMENT

Rise of Opposition to Autocracy, 234.-The English Par-

liament, 235.-Importance of a Lawmaking Body,

236.-Bicameral System, 238.-Composition of the

Lawmaking Body, 238.-The Initiation of Bills, 240.

-Legislative Privileges, 241.-Administrative Aspect

of Legislation, 243.-The Committee System, 244.-

The Veto Power, 245.-Legislative Powers in Deter-

mining Policy.-Legislative Determination of Policy

in the United States, 246.-Powers of the Popular

Assembly, 248.-Power of the Lower House, 250.-

Functions of Legislative Bodies, 251

CHAPTER XVI

THE DEVELOPMENT OF LAWMAKING

Immutable Character of Ancient Law, 253.-Processes of

Change, 254.-I. Change through Conquest, 254.-

II. Change through Interpretation, 254.-III. Change

through Commentators, 255.-IV. Change through

Codifications, 256.-V. Changes through the Exec-

utive, 258.-Modern Legislation, 259.-The Making

of New Law, 260.-Scientific Legislation, 261.-Basis

of Scientific Legislation, 262.-Illustrations of

Scientific Legislation, 264.-Legality of Legisla-

tions, 265

PAGE

234

253

CHAPTER XVII

CLASSIFICATION OF LAW

The Meaning of Law, 267.-Social Customs, 268.-When

Social Custom Becomes Law, 268.-Friction in Law,

270.-Ignorance of the Law, 271.-Older Forms of

Law: Treason, 272.-The Law of the Land, 273.-

Roman Law, 274.-Equity Law, 275.-Criminal Law,

275.-Civil Law, 276.-Social Customs that Became

Law, 277.-The Law Merchant, 277.-Maritime Law,

277.-Canon Law, 277.-International Law, 277.-

Natural Law, 278.-The Decree or Ordinance, 279.-

Legislative Ordinances, 280.-The Statute and the

Constitution, 281.-Public and Private Law, 283.-

The Code System, 284

267

CHAPTER XVIII

THE ELECTORATE

Its Early Development, 286.-Definition, 287.-The Suf-

frage in England, 288.-Modern Reforms, 289.-In

the United States and France, 290.-Woman Suffrage,

290.-The Electorate as a Department of Govern-

ment, 291.-Restrictions on Electorates, 292.-Meth-

ods of Voting, 293.-The Ballot, 294.-Democracy

through the Electorate, 295.-Policy through the

Executive, 295.-Policy through the Lawmaking

Body, 296.-Policy through the Electorate, 296.-The

Use of the Initiative and the Referendum in Switzer-

land, 298.-The Initiative and the Referendum in

the United States, 300

CHAPTER XIX

CITIZENSHIP, RIGHTS AND OBLIGATIONS

Citizenship, 303.-Citizens and Aliens, 303.-Native

and Naturalized Citizens, 304.-Inequality in Citizen-

ship, 304.-The Notion of Right, 306.-Ethical and

Legal Rights, 306.-Civil Rights, 307.-The Securing

of Civil Rights, 308.-The Fundamental Right, 309.

-Civil Rights, 310.-Broadening of Civil Rights, 311.

-Famous Guaranties of Rights, 312.-Regulation of

Rights, 313-Basis of Political Rights, 314.-The

Winning of Political Rights, 315.-How Rights Are

Maintained, 315.-The Obligations of Citizenship,

316.-Allegiance, 316.-Service, 317.-Taxation, 318.

-Control over Taxation, 319

CHAPTER XX

POLITICAL PARTIES

Political Parties as Agencies of Democracy, 321.-De-

velopment of Parties, 322.-"Bossism," 323.-The

Rise of Political Parties, 324.-The British Party

System, 325.-The French Party System, 327.-The

American Party System, 329.-The Three Contrast-

ing Types, 331.-Regulation of Parties, 332.-Pro-

portional Representation, 333.-I. The Hare System,

334-II. The Belgian System, 335.-Party Issues,

336.

PAGE

286

303

321

CHAPTER XXI

POLICIES AND ACHIEVEMENTS OF GOVERNMENT

Polity and Policy, 338.-Domestic and Foreign Policies,

339-Policies Should Be Understood by the People.

340.-National Preparedness, 341.-Growth of Policy,

342.-American Policy, 343.-Basis for Policy, 344.

-The Factors of Population and Land, 345.-Political

Contributions of Nations, 346.-In the Classic Period,

346.-Modern Contributions, 347-New Zealand,

349.-The Domestic Policy of New Zealand, 350

CHAPTER XXII

GROWTH OF DEMOCRACY

The People, 354.-The Ideal of Democracy, 355.-The

Ideal of Democracy,_355.-Three Historic Forms of

Democracy, 355.-I. Tribal Democracy, 356.-II. Con-

servative Democracy, 357.-III. Radical Democracy,

358.-Contrasts Between Conservative and Radical

Types of Democracy, 360.-Underlying Principles,

361.-Democracy Based on Intelligence, 362.-Inter-

national Aspects of Democracy, 362.-Democracy in

Domestic Policy, 364.-Social Aspects of Democracy,

364.-The Trend Towards Democracy, 365

BIBLIOGRAPHY

INDEX

PAGE

338

354

369

391

PART I

DEFINITIONS AND DEVELOPMENT

OF

GOVERNMENT