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
92. It is to be observed, however, that the power may very well exist
and serve its purpose where it is not sovereign in the sense of being
exempt from any liability of being interfered with by a stronger
coercive power, such as that of a tax-collecting military ruler. The
occasional interference of the military ruler is so far a drawback
to the efficiency with which freedom of action and acquisition is
guaranteed, but does not nullify the general maintenance of rights.
On the other hand, when the power by which rights are guaranteed is
sovereign (as it is desirable that it should be) in the special sense
of being maintained by a person or persons, and wielding coercive
force not liable to control by any other human force, it is not
this coercive force that is the important thing about it, or that
determines the habitual obedience essential to the real maintenance
of rights. That which determines this habitual obedience is a power
residing in the common will and reason of men, i.e. in the will and
reason of men as determined by social relations, as interested in
each other, as acting together for common ends. It is a power which
this universal rational will exercises over the inclinations of
the individual, and which only needs exceptionally to be backed by
coercive force.
93. Thus, though it may be misleading to speak of the general will
as anywhere either actually or properly sovereign, because the term
'sovereign' is best kept to the ordinary usage in which it signifies
a determinate person or persons charged with the supreme coercive
function of the state, and the general will does not admit of being
vested in a person or persons, yet it is true that the institutions
of political society--those by which equal rights are guaranteed to
members of such a society--are an expression of, and are maintained
by, a general will. The sovereign should be regarded, not in
abstraction as the wielder of coercive force, but in connection with
the whole complex of institutions of political society. It is as
their sustainer, and thus as the agent of the general will, that the
sovereign power must be presented to the minds of the people if it
is to command habitual loyal obedience; and obedience will scarcely
be habitual unless it is loyal, not forced. If once the coercive
power, which must always be an incident of sovereignty, becomes the
characteristic thing about it in its relation to the people governed,
this must indicate one of two things; either that the general
interest in the maintenance of equal rights has lost its hold on
the people, or that the sovereign no longer adequately fulfils its
function of maintaining such rights, and thus has lost the support
derived from the general sense of interest in supporting it. It may
be doubted whether the former is ever really the case; but whatever
explanation of the case may be the true one, it is certain that when
the idea of coercive force is that predominantly associated with
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