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
86. But the Austinians, having found their sovereign, are apt to
regard it as a much more important institution than--if it is to
be identified with a determinate person or persons--it really is;
they are apt to suppose that the sovereign, with the coercive power
(i.e. the power of operating on the fears of the subjects) which
it exercises, is the real determinant of the habitual obedience of
the people, at any rate of their habitual obedience in respect of
those acts and forbearances which are prescribed by law. But, as we
have seen, this is not the case. It then needs to be pointed out
that if the sovereign power is to be understood in this fuller, less
abstract sense, if we mean by it the real determinant of the habitual
obedience of the people, we must look for its sources much more
widely and deeply than the 'analytical jurists' do; that it can no
longer be said to reside in a determinate person or persons, but in
that impalpable congeries of the hopes and fears of a people, bound
together by common interests and sympathy, which we call the general
will.
87. It may be objected that this view of the general will, as that
on which habitual obedience to the sovereign really depends, is at
best only applicable to 'self-governing' communities, not to those
under a despotic sovereign. The answer is that it is applicable in
all forms of society where a sovereign in the sense above defined
(as a determinate person or persons with whom in the last resort
lies the recognised power of imposing laws and enforcing their
observance) really exists, but that there are many where there cannot
fairly be said to be any such sovereign at all; in other words, that
in all organised communities the power which practically commands
the habitual obedience of the people in respect of those acts and
forbearances which are enjoined by law or authoritative custom, is
one dependent on the general will of the community, but this power is
often not sovereign in the sense in which the ruler of an independent
state is sovereign. It may very well be that there is at the same
time another power merely coercive, a power really operating on
people simply through their fears, to which obedience is rendered,
and which is not in turn representative of a general will; but where
this is the case we shall find that such power is only in contact
with the people, so to speak, at one or two points; that their
actions and forbearances, as determined by law and custom, are in the
main independent of it; that it cannot in any proper sense be said
to be a sovereign power over them; at any rate, not in the sense in
which we speak of King, Lords, and Commons as sovereign in England.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account