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
to a merely tax-collecting military power; but the 'habitual
obedience' is so rendered only because the English government
presents itself to the people, not merely as a tax-collector, but
as the maintainer of a customary law, which, on the whole, is the
expression of the general will. The same is true in principle of
those independent states which are despotically governed, in which,
i.e., the ultimate legislative power does not reside, wholly or in
part, with an assembly representing the people, or with the people
themselves; e.g. Russia. It is not the absolute coercive power of
the Czar which determines the habitual obedience of the people. This
coercive power, if put to the test as a _coercive_ power, would
probably be found very far from absolute. The habitual obedience
is determined by a system of law, chiefly customary, which the
administration controlled by the Czar enforces against individuals,
but which corresponds to the general sense of what is equitable and
necessary. If a despotic government comes into anything like habitual
conflict with the unwritten law which represents the general will,
its dissolution is beginning.
91. The answer, then, to the question whether there is any truth
in Rousseau's conception of sovereignty as founded upon a 'volonté
générale,' in its application to actual sovereignty, must depend on
what we mean by 'sovereign.' The essential thing in political society
is a power which guarantees men rights, i.e. a certain freedom of
action and acquisition conditionally upon their allowing a like
freedom in others. It is but stating the same condition otherwise
to speak of a power which guarantees the members of the society
these rights, this freedom of action and acquisition, impartially
or according to a general will or law. What is the lowest form in
which a society is fit to be called political, is hard to say. The
political society is more complete as the freedom guaranteed is more
complete, both in respect of the persons enjoying it and of the range
of possible action and acquisition over which it extends. A family
or a nomad horde could not be called a political society, on account
of the narrow range of the political freedom which they severally
guarantee. The nomad horde might indeed be quite as numerous as a
Greek state, or as the sovereign canton of Geneva in Rousseau's
time; but in the horde the range within which reciprocal freedom of
action and acquisition is guaranteed to the individual is exceedingly
small. It is the power of guaranteeing rights, defined as above,
which the old writers on sovereignty and civil government supposed to
be established by covenant of all with all, translating the common
interest which men have in the maintenance of such a power into an
imaginary historical act by which they instituted it. It was this
power that they had chiefly in view when they spoke of sovereignty.
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