BOOK III Principles of Government CHAPTER V OF LEGISLATION Society can declare and interpret, but cannot enact. - Its authority only executive. HAVING thus far investigated the nature of political functions, it seems necessary that some explanation should be given upon the subject of legislation. "Who is it that has authority to make laws? What are the characteristics of that man or body of men in whom the tremendous faculty is vested of prescribing to the rest of the community what they are to perform, and what to avoid?" The answer to these questions is exceedingly simple: Legislation, as it has been usually understood, is not an affair of human competence. Immutable reason is the true legislator, and her decrees it behooves us to investigate. The functions of society extend, not to the making, but the interpreting of law; it cannot decree, it can only declare that which the nature of thing...