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
105. It is in such cases as we have been considering that the
distinction between sovereign 'de facto' and sovereign 'de jure'
arises. It has a natural meaning in the mouths of those who, in
resisting some coercive power that claims their obedience, can point
to another determinate authority to which they not only consider
obedience due, but to which such obedience in some considerable
measure is actually rendered; a meaning which it has not when all
that can be opposed to sovereign 'de facto' is either a 'general
will,' or the mere name of a fallen dynasty exercising no control
over men in their dealings with each other. But where this opposition
can be used with a natural meaning, it is a truer account of the
matter (as we have seen) to say that sovereignty is in abeyance. The
existence of competing powers, each affecting to control men in the
same region of outward action, and each having partisans who regard
it alone as entitled to exercise such control, implies that there is
not that unity of supreme control over the outward actions of men
which constitutes sovereignty and which is necessary to the complete
organisation of a state. The state has either not reached complete
organisation, or is for the time disorganised, the disorganisation
being more or less serious according to the degree to which the
everyday rights of men (their ordinary freedom of action and
acquisition) are interfered with by this want of unity in the supreme
control.
106. In such a state of things, the citizen has no rule of 'right'
(in the strict sense of the word) to guide him. He is pretty sure
to think that one or other of the competing powers has a right to
his obedience because, being himself interested (not necessarily
selfishly interested) in its support, he does not take account of its
lacking that general recognition as a power necessary to the common
good which is requisite in order to give it a right. But we looking
back may see that there was no such right. Was there then nothing to
direct him either way? Simply, I should answer, the general rule of
looking to the moral good of mankind, to which a necessary means is
the organisation of the state, which again requires unity of supreme
control, in the common interest, over the outward actions of men.
The citizen ought to have resisted or obeyed either of the competing
authorities, according as by doing so he contributed most to the
organisation of the state in the sense explained. It must be admitted
that without more knowledge and foresight than the individual can be
expected to possess, this rule, if he had recognised it, could have
afforded him no sure guidance; but this is only to say that there are
times of political difficulty in which the line of conduct adopted
may have the most important effect, but in which it is very hard to
know what is the proper line to take. On the other side must be set
the consideration that the man who brings with him the character most
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