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
the law-imposing and law-enforcing power, then either a disruption
of the state or a change in the sources of sovereignty must sooner
or later take place. In judging, however, whether this is the case,
we must not be misled by words. In England, e.g., from the way in
which many people speak of 'government,' we might suppose that it
was looked on mainly as the wielder of coercive force; but it would
be a mistake on that account to suppose that English people commonly
regard the laws of the country as so much coercion, instead of as an
institution in the maintenance of which they are interested. When
they speak disapprovingly of 'government,' they are not thinking of
the general system of law, but of a central administrative agency,
which they think interferes mischievously with local and customary
administration.
94. It is more true, then, to say that law, as the system of rules
by which rights are maintained, is the expression of a general will
than that the general will is the sovereign. The sovereign, being
a person or persons by whom in the last resort laws are imposed
and enforced, in the long run and on the whole is an agent of the
general will, contributes to realise that will. Particular laws may,
no doubt, be imposed and enforced by the sovereign, which conflict
with the general will; not in the sense that if all the subject
people could be got together to vote upon them, a majority would
vote against them,--that might be or might not be,--but in the sense
that they tend to thwart those powers of action, acquisition, and
self-development on the part of the members of the society, which
there is always a general desire to extend (though the desire may
not be enlightened as to the best means to the end), and which it is
the business of the law to sustain and extend. The extent to which
laws of this kind may be intruded into the general 'corpus juris'
without social disruption it is impossible to specify. Probably
there has never been a civilised state in which they bore more than
a very small proportion to the amount of law which there was the
strongest general interest in maintaining. But, so far as they go,
they always tend to lessen the 'habitual obedience' of the people,
and thus to make the sovereign cease to be sovereign. The hope must
be that this will result in the transfer of sovereignty to other
hands before a social disruption ensues; before the general system
of law has been so far perverted as to lose its hold on the people.
Of the possibility of a change in sovereignty without any detraction
from the law-abiding habits of the people, France has lately given
a conspicuous example. Here, however, it must be remembered that a
temporary foreign conquest made the transition easier.
Public-domain text, read in full here on John Shaqi.
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