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
99. This latter doctrine arises out of the delusion of natural right.
The individual, it is thought, having a right, not derived from
society, to do as he likes, can only forego that right by an act to
which he is a party. Therefore he has a right to disregard a law
unless it is passed by an assembly of which he has been a member,
and by the decision of which he has expressly or tacitly agreed to
be bound. Clearly, however, such a natural right of the individual
would be violated under most popular sovereignties no less than under
one purely monarchical, if he happened to object to the decision of
the majority; for to say, as Rousseau says, that he has virtually
agreed, by the mere fact of residence in a certain territory, to be
bound by the votes of the majority of those occupying that territory,
is a mere trick to save appearances. But in truth there is no such
natural right to do as one likes irrespectively of society. It is on
the relation to a society, to other men recognising a common good,
that the individual's rights depend, as much as the gravity of a body
depends on relations to other bodies. A right is a power claimed and
recognised as contributory to a common good. A right against society,
in distinction from a right to be treated as a member of society, is
a contradiction in terms. No one, therefore, has a right to resist a
law or ordinance of government, on the ground that it requires him
to do what he does not like, and that he has not agreed to submit
to the authority from which it proceeds; and if no one person has
such a right, no number of persons have it. If the common interest
requires it, no right can be alleged against it. Neither can its
enactment by popular vote enhance, nor the absence of such vote
diminish, its right to be obeyed. Rousseau himself well says that
the proper question for each citizen to ask himself in regard to any
proposal before the assembly is not, Do I like or approve it? but,
Is it according to the general will? which is only another way of
asking, Is it according to the general interest? It is only as the
organ of this general interest that the popular vote can endow any
law with the right to be obeyed; and Rousseau himself, if he could
have freed himself from the presuppositions of natural right, might
have admitted that, as the popular vote is by no means necessarily
an organ of the general interest, so the decree of a monarch or of
an aristocratic assembly, under certain conditions, might be such an
organ.
Public-domain text, read in full here on John Shaqi.
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