The latest casuists of public law are rather of a republican cast, and, in my mind, by no means so averse as they ought to be to a right in the people (a word which, ill defined, is of the most dangerous use) to make changes at their pleasure in the fundamental laws of their country.
Edmund Burke: “The latest casuists of public law are rather of a republican cast, and, in my mind, by no means so averse as they ought…”
Editor's note · Context
Burke critiques contemporary legal thinkers for their views on popular sovereignty and changes in fundamental laws.
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They look upon the legal hereditary succession of their crown as among their rights, not as among their wrongs,--as a benefit, not as a grievance,--as a security for their liberty, not as a badge of servitude.
The ceremony of cashiering kings, of which these gentlemen talk so much at their ease, can rarely, if ever, be performed without force.
As he is not to obey us, but we are to obey the law in him, our Constitution has made no sort of provision towards rendering him, as a servant, in any degree responsible.
Their objects would be enlarged with their elevation; but their disposition, and habits, and mode of accomplishing their designs must remain the same.





