The Philosophy of Law: Public Right, § 45: The Form of the State and Its Three Powers
A State (Civitas) is the union of a number of men under juridical Laws. These Laws, as such, are to be regarded as necessary a priori,—that is, as following of themselves from the conceptions of external Right gener ally,—and not as merely established by Statute. The FORM of the State is thus involved in the Idea of the State, viewed as it ought to be according to pure principles of Right; and this ideal Form furnishes the normal criterion of every real union that constitutes a Common wealth.
Every State contains in itself THREE TOWERS, the universal united Will of the People being thus personified in a political triad. These are the Legislative Power, the Executive Power, and the Jiuliciary Power.—1. The Legislative Power of the Sovereignty in the State, is embodied in the person of the Lawgiver; 2. the Executive Power is embodied in the person of the Ruler who administers the Law; and 3. the Judiciary Power, embodied in the person of the Judge, is the function of assigning every one what is his own, according to the Law (Potcstas Icyixlatoria, rcctoria et judiciaria). These three Powers may be compared to the three propositions in a practical Syllogism:—the Major as the sumption laying down the universal Law of a Will, the Minor presenting the command applicable to an action according to the Law as the principle of the subsumption, and the Conclusion containing the Sentence or judgment of Right in the particular case under consideration.