In modern societies, to tell the truth, there is another function
assigned to all citizens, outside of their special capacity, and
that is the electoral duty. But the cases are very different.
The franchise does not demand a labour so difficult and delicate
as critical judgment, and the reconstruction of the conditions of
an act and of its author. It has no direct influence on the
positive function of the person elected, but on the contrary it is
a confession of the special incapacity of the elector to do what
he intrusts to the capacity of the person elected. The franchise
is but an elementary function of the assimilation of physiological
elements in the social organism, which in the animal organism is
performed by the aggregate of living cells, and in society by the
aggregate of individuals, not being idiots or criminals, who
possess the minimum of social energy.
Far different is the administration of criminal justice, a
technical and very noble function, which has nothing in common
with the elementary function of the franchise. I could not indeed
agree with the assertion of Carrara, who thought it a
contradiction to deny to the people any participation in the
exercise of the judicial authority when they are allowed to
participate in the exercise of legislative authority.
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