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
free from egotism to the decision even of those questions of conduct,
as to which established rules of right and wrong are of no avail, is
most sure on the whole to take the line which yields the best results.
107. We come next to the question of the possible duty of resistance
in cases where no law, acknowledged or half-acknowledged,
written or customary, can be appealed to against a command
(general or particular) contrary to the public good; where no
counter-sovereignty, in the natural sense of the words, can be
alleged against that of the imponent of the law; and where at the
same time, from the people having no share, direct or indirect, in
the government, there is no means of obtaining a repeal of the law
by legal means. I say the 'duty' of resistance because, from the
point of view here adopted, there can be no 'right,' unless on the
ground that it is for the common good, and if so, there is a duty. In
writings of the seventeenth and eighteenth centuries, starting with
the assumption of natural rights, the question was never put on its
proper footing. It was not asked, When, for the sake of the common
good, the citizen ought to resist the sovereign? but, What sort of
injury to person or property gave him a natural right to resist? Now
there is sense in inquiring upon what sort and amount of provocation
from government individuals inevitably will resist; how (in Spinoza's
language) that 'indignatio' is excited which leads them 'in unum
conspirare'; but there is none in asking what gives them a right to
resist, unless we suppose a wrong done to society in their persons;
and then it becomes a question not of right merely, but of duty,
whether the wrong done is such as to demand resistance. Now when the
question is thus put, no one presumably would deny that under certain
conditions there might be a duty of resistance to sovereign power.
108. It is important, however, that instead of discussing the right
of a majority to resist, we should discuss the duty of resistance as
equally possible for a minority and a majority. There can be no right
of a majority of citizens, as such, to resist a sovereign. If by
law, written or customary, the majority of citizens possess or share
in the sovereign power, then any conflict that may arise between it
and any power cannot be a conflict between it and the sovereign. The
majority may have a right to resist such a power, but it will not be
a right to resist a _sovereign_. If, on the other hand, the majority
of citizens have no share by law or custom in the supreme law-making
and law-enforcing power, they never can have a right, simply as a
majority, to resist that power.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account