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
132. It is the necessity of a supreme coercive power to the existence
of a state that gives plausibility to the view that the action of
merely selfish passions may lead to the formation of states. They
have been motive causes, it would seem, in the processes by which
this 'imperium' has been established; as, e.g., the acquisition of
military power by a tribal chieftain, the conquest of one tribe
by another, the supersession of the independent prerogatives of
families by a tyrant which was the antecedent condition of the
formation of states in the ancient world, the supersession of feudal
prerogatives by the royal authority which served the same purpose in
modern Europe. It is not, however, supreme coercive power, simply
as such, but supreme coercive power exercised in a certain way and
for certain ends, that makes a state; viz. exercised according to
law, written or customary, and for the maintenance of rights. The
abstract consideration of sovereignty has led to these qualifications
being overlooked. Sovereignty = supreme coercive power, indeed,
but such power as exercised in and over a state, which means with
the qualifications specified; but the mischief of beginning with
an inquiry into sovereignty before the idea of a state has been
investigated, is that it leads us to adopt this abstract notion of
sovereignty, as merely supreme coercive power, and then, when we
come to think of the state as distinguished by sovereignty, makes
us suppose that supreme coercive power is all that is essential
to a state, forgetting that it is rather the state that makes the
sovereign, than the sovereign that makes the state. Supposing one
man had been master of all the slaves in one of the states of the
American Union, there would have been a multitude of men under one
supreme coercive power, but the slaves and the master would have
formed no state, because there would have been no recognised rights
of slave against slave enforced by the master, nor would dealings
between master and slaves have been regulated by any law. The fact
that sovereign power, as implied in the fact of its supremacy,
can alter any laws, is apt to make us overlook the necessity of
conformity to law on the part of the sovereign, if he is to be the
sovereign of a state. A power that altered laws otherwise than
according to law, according to a constitution, written or unwritten,
would be incompatible with the existence of a state, which is a body
of persons, recognised by each other as having rights, and possessing
certain institutions for the maintenance of those rights. The office
of the sovereign, as an institution of such a society, is to protect
those rights from invasion, either from without, from foreign
nations, or from within, from members of the society who cease to
behave as such. Its supremacy is the society's independence of such
attacks from without or within. It is an agency of the society, or
the society itself acting for this end. If the power, existing for
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