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
84. The two views thus seem mutually exclusive, but perhaps it may
be by taking each as complementary to the other that we shall gain
the truest view of sovereignty as it actually exists. In those
states of society in which obedience is habitually rendered by the
bulk of society to some determinate superior, single or corporate,
who, in turn, is independent of any other superior, the obedience
is so rendered because this determinate superior is regarded as
expressing or embodying what may properly be called the general
will, and is virtually conditional upon the fact that the superior
is so regarded. It is by no means an unlimited power of compulsion
that the superior exercises, but one dependent in the long run, or
dependent for the purpose of insuring an _habitual_ obedience, upon
conformity to certain convictions on the part of the subjects as to
what is for their general interest. As Maine says (_Early History
of Institutions_, p. 359), 'the vast mass of influences, which we
may call for shortness moral, perpetually shapes, limits, or forbids
the actual direction of the forces of society by its sovereign.'
Thus, quite apart from any belief in the right of revolution, from
the view that the people in any state are entitled to an ultimate
sovereignty, or are sovereign _de jure_, and may withdraw either
legislative or executive power from the hands in which it has been
placed in the event of its being misused, it may fairly be held that
the ostensible sovereign--the determinate person or persons to whom
we can point and say that with him or them lies the ultimate power of
exacting habitual obedience from the people--is only able to exercise
this power in virtue of an assent on the part of the people, nor
is this assent reducible to the fear of the sovereign felt by each
individual. It is rather a common desire for certain ends--specially
the 'pax vitaeque securitas'--to which the observance of law or
established usage contributes, and in most cases implies no conscious
reference on the part of those whom it influences to any supreme
coercive power at all. Thus when it has been ascertained in regard to
any people that there is some determinate person or persons to whom,
in the last resort, they pay habitual obedience, we may call this
person or persons sovereign if we please, but we must not ascribe to
him or them the real power which governs the actions and forbearances
of the people, even those actions and forbearances (only a very
small part) which are prescribed by the sovereign. This power is a
much more complex and less determinate, or less easily determinable,
thing; but a sense of possessing common interests, a desire for
common objects on the part of the people, is always the condition of
its existence. Let this sense or desire--which may properly be called
general will--cease to operate, or let it come into general conflict
with the sovereign's commands, and the habitual obedience will cease
also.
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