THE SECRETARY TO THE RUSSIAN PROTECTOR IN THINGS AND IN MORAVA, PRAGUE, inv. 1785, sig. 109-5/13

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English Translation

- 06 15 . over-represented view of the development of self-employment trends on the part of the specialist administration does not exist either space or need; for example, Economic and commercial matters are not understood in the sense of a planned economic governance, nor are they exclusively in the meaning of the right of each individual to exercise a trade, which is previously attached to certain conditions, for all time. The theory at that time has also explicitly emphasized the principle of the "legality" of administration as the highest requirement. The word was often mistranslated with "legalty" of the administration. But both the literal and the logical translation is "legalcy", this incorrect translation has created much confusion. For the time when "law" and "right" were equated, the translation error was irrelevant. But for us it contains in full clarity the different thinking, and teaches us to understand the objective of that time and our task put forward today. For we are on the point of view that not everything which is strictly legal according to the letter must at the same time be lawful and correct and that our administration is obliged to subordinate the concept of abstract lawfulness to the more living and superior concept of lawfulness. The principle of legality extends to the Austrian civil servant with never contested authority also suf the area of his own office. Therefore the irreproachable co-operation work and the mininum of overlaps, Our more lebändiger conception of the administration entails that our officials before allon have in mind the area of life to be designed and the matter to be regulated, therefore you feel obliged to do everything, to arrange and to represent what seems necessary to them in the interest of the matter and the desired success, The official in the old Austria, however, does 16