Access of Inheritance

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Thenceforth, it is the use of law through administration and the court that enables a person to have the particular access of inheritance. Explaining that when concerning property it is similar to the view of attaining paternal power in politics primarily because it is only gained through submission and obedience. Likewise, when considering the estate and kinship, the offspring needs to be law abiding by honouring their parents for the power to be bestowed upon them through paternal jurisdiction. Whereas this will vary depending on what the custom of law an individual is under. In addition to that, for freedom to not be threatened but rather remain under control of an individual for an inheritance to be acquired, one needs to submit to the conditions to attain the possession. Also the fundamentals of the government in this manner play an important role since without it would be hard to live together, supposing if death or murder of the owner of the property is to occur then the property would not be lost if the paternal right was passed on to the child through paternal authority. Hence, the child, 'alone could punish him in his family' (pg. 41) and the child attaining the right naturally through his fathers' authority and the government. Nevertheless, the foundation of hereditary along with the constitution ultimately permits the father to have a form of authority that is political and is constructive; seeing that the idea of imposing limitations allows an individual to attain protection of rights particularly on nature, liberty, property and life. However, the primary reason this form of authority is constructive is because the civil servants are separated by the law producers. Having established a common law to appeal to the aut...

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... this signifies that all people in this manner become involved in the administrative sector of the society; thus being similar to the democratic governments which do not function at its best if one individual rules by himself. As a result Rousseau suggests three general laws to authorize land, that the land must not need to be already occupied, limitation must be set and the possession needs to be worked and cultivated for in order to attain it not 'through an empty ceremony' (pg. 168). Therefore, to take precautions to allow nature to give things in common, the body politics must be set in a way that the sovereign does not have all the power because the power belongs to the people; since, equality should not become an illusion, while the general will being based on the consent of people by achieving universal silence and not having any partial society in the state.

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