Lectures on the Principles of Political Obligation: Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard BosanquetGreen, Thomas Hill
Philosophy
Lectures on the Principles of Political Obligation: Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard Bosanquet
Green, Thomas Hill
Liberty; Natural law; Political obligation
[1] Cf. Maine's statement of Austin's doctrine in _The Early History
of Institutions_, pp. 349 and 350: 'There is in every independent
political community--that is, in every political community not in the
habit of obedience to a superior above itself--some single person or
some combination of persons which has the power of compelling the
other members of the community to do exactly as it pleases. This
single person or group--this individual or this collegiate sovereign
(to employ Austin's phrase) may be found in every independent
political community as certainly as the centre of gravity in a mass
of matter. If the community be violently or voluntarily divided into
a number of separate fragments, then, as soon as each fragment has
settled down (perhaps after an interval of anarchy) into a state of
equilibrium, the sovereign will exist, and with proper care will be
discoverable in each of the now independent portions. The sovereignty
over the North American colonies of Great Britain had its seat in
one place before they became the United States, in another place
afterwards; but in both cases there was a discoverable sovereign
somewhere. This sovereign, this person or combination of persons,
universally occurring in all independent political communities, has
in all such communities one characteristic, common to all the shapes
sovereignty may take, the possession of irresistible force, not
necessarily exerted, but capable of being exerted. According to the
terminology preferred by Austin, the sovereign, if a single person,
is or should be called a monarch; if a small group, the name is an
oligarchy; if a group of considerable dimensions, an aristocracy;
if very large and numerous, a democracy. Limited monarchy, a phrase
perhaps more fashionable in Austin's day than it is now, is abhorred
by Austin, and the government of Great Britain he classes with
aristocracies. That which all the forms of sovereignty have in
common is the power (the power but not necessarily the will) to put
compulsion without limit on subjects or fellow-subjects.'
Public-domain text, read in full here on John Shaqi.
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