The conceptions of sovereignty which we inherit are derived from the
primitive system of personal allegiances. That is why the conception
of sovereignty has become increasingly confused as modern civilization
has become more complex. In the Middle Ages the theory reached its
symmetrical perfection. Mankind was conceived as a great organism in
which the spiritual and temporal hierarchies were united as the soul
is united with the body in “an inseverable connection and an unbroken
interaction which must display itself in every part and also throughout
the whole.” But of course even in the Middle Ages the symmetry of this
conception was marred by the fierce disputes between the Emperors and
the Popes. After the Sixteenth Century the whole conception began to
disintegrate. There appeared a congeries of monarchs each claiming to
rule in his territory by divine right. But obviously when there are
many agents of the Lord ruling men, and when they do not agree, the
theory of sovereignty in its moral aspects is in grave difficulties.
As time went on, limitations of all kinds began to be imposed upon
sovereigns. The existence at the same time of many sovereigns produced
the need of international law, for obviously there could have been no
international [p266] law in a world where all of mankind, barring
infidels who did not have to be considered, were under one sovereign
power. The limitations imposed by international law from without were
accompanied by limitations imposed from within.
These limitations from within were based on quite practical
considerations. There grew up slowly in the Middle Ages the idea
that the State originated “in a contract of Subjection made between
People and Ruler.” The first modern writer to argue effectively that
government was based not on a warrant from the Lord, but on a “social
compact” is said to have been Richard Hooker, a clergyman of the
Established Church, who held, in 1594, that the royal authority was
derived from a contract between the king and the people. This idea
soon became popular, for it suited the needs of all those who did not
participate in the privileges of the absolute monarchy. It suited not
only the Church of England, when as in Hooker’s time it was assailed,
but also the dissenting churches, and then the rising middle class
whose ambitions were frustrated by the landed nobles with the king at
their head. The doctrine of the social compact was expounded in many
different forms in the Seventeenth and Eighteenth Centuries by men like
Milton, Spinoza, Hobbes, Locke, and Rousseau.
Public-domain text, read in full here on John Shaqi.
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