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
43. The doctrine may be found in _Leviathan_, Part II., chapter 17.
In order 'to erect such a common power as may be able to defend them
from the invasion of foreigners and the injuries of one another,'
men 'confer all their power and strength upon one man or upon one
assembly of men,' ... i.e. 'appoint one man or assembly of men to
bear their person.... This is more than consent and concord; it is a
real unity of them all in one and the same person, made by covenant
of every man with every man, in such a manner as if every man should
say to every man, 'I authorise, and give up my right of governing
myself to this man or this assembly of men, on condition that thou
give up thy right to him and authorise all his actions in like
manner.' This done, the multitude so united in one person is called
a commonwealth, in Latin _civitas_ ... which (to define it) is one
person, of whose acts a great multitude by mutual covenant one with
another have made themselves everyone the author, to the end he may
use the strength and means of them all, as he shall think expedient,
for their peace and common defence. And he that carrieth this person
is called sovereign, and said to have sovereign power; and everyone
besides, his subject.'
44. In order to understand the form in which the doctrine is stated,
we have to bear in mind the sense in which 'persona' is used by
the Roman lawyers, as = either a complex of rights, or the subject
(or possessor) of those rights, whether a single individual or
a corporate body. In this sense of the word, a man's person is
separable from his individual existence as a man. 'Unus homo sustinet
plures personas.' A magistrate, e.g., would be one thing in respect
of what he is in himself, another thing in respect of his 'persona'
or complex of rights belonging to him as a magistrate, and so too a
monarch. On the same principle, a man, remaining a man as before,
might devolve his 'persona,' the complex of his rights, on another.
A son, when by the death of his father according to Roman law he was
delivered from 'patria potestas' and became in turn head of a family,
acquired a 'persona' which he had not before, the 'persona' which had
previously belonged to the father. Again, to take a modern instance,
the fellows of a college, as a corporation, form one 'persona,' but
each of them would bear other 'persons,' if, e.g., they happened to
be magistrates, or simply in respect of their rights as citizens.
Thus 'one person' above = one sustainer of rights; while in the
second passage, ... 'carrieth this person,' it rather = the rights
sustained.
45. Hobbes expressly states that the sovereign 'person' may be an
_assembly_ of men, but the natural associations of the term, when
the sovereign is spoken of as a person, favour the development of a
monarchical doctrine of sovereignty.
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