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
100. But it may be asked, Must not the individual judge for himself
whether a law is for the common good? and if he decides that it is
not, is he not entitled to resist it? Otherwise, not only will laws
passed in the interest of individuals or classes, and against the
public good, have a claim to our absolute and permanent submission,
but a government systematically carried on for the benefit of a few
against the many can never be rightfully resisted. To the first
part of this question we must of course answer 'yes,' without
qualification. The degree to which the individual judges for himself
of the relation between the common good and the laws which cross
the path of his ordinary life, is the measure of his intelligent,
as distinguished from a merely instinctive, recognition of rights
in others and in the state; and on this recognition again depends
his practical understanding of the difference between mere powers
and rights as recognised by himself. Supposing then the individual
to have decided that some command of a 'political superior' is not
for the common good, how ought he to act in regard to it? In a
country like ours, with a popular government and settled methods of
enacting and repealing laws, the answer of common sense is simple
and sufficient. He should do all he can by legal methods to get the
command cancelled, but till it is cancelled he should conform to it.
The common good must suffer more from resistance to a law or to the
ordinance of a legal authority, than from the individual's conformity
to a particular law or ordinance that is bad, until its repeal can be
obtained. It is thus the social duty of the individual to conform,
and he can have no right, as we have seen, that is against his social
duty; no right to anything or to do anything that is not involved in
the ability to do his duty.
101. But difficulties arise when either (I) it is a case of disputed
sovereignty, and in consequence the legal authority of the supposed
command is doubtful; or (2) when the government is so conducted
that there are no legal means of obtaining the repeal of a law; or
(3) when the whole system of a law and government is so perverted
by private interests hostile to the public that there has ceased to
be any common interest in maintaining it; or (4),--a more frequent
case,--when the authority from which the objectionable command
proceeds is so easily separable from that on which the maintenance of
social order and the fabric of settled rights depends, that it can be
resisted without serious detriment to this order and fabric. In such
cases, may there not be a right of resistance based on a 'higher law'
than the command of the ostensible sovereign?
Public-domain text, read in full here on John Shaqi.
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