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
Sovereign power is attained either by acquisition or institution. By
acquisition, when a man makes his children and their children, or a
conqueror his enemies, to submit under fear of death. By institution,
when men agree among themselves to submit to some man or assembly
'on confidence to be protected against all others.' Hobbes speaks
(II. 17, end) as if there were two ways by which a commonwealth
and a sovereign defined as above could be brought into existence,
but clearly a sovereign by acquisition is not a sovereign in the
sense explained. He does not 'carry a 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 what Hobbes describes in the sequel (c. 18) are, as he
expressly says, rights of sovereigns by institution; but he seems
tacitly to assume that every sovereign may claim the same, though he
could hardly have supposed that the existing sovereignties were in
their origin other than sovereignties by acquisition.
'A commonwealth is said to be instituted, when a multitude of men
covenant, everyone with everyone, that to whatsoever man or assembly
of men shall be given by the major part the right to represent the
person of them all, everyone, as well he that voted for it as he
that voted against it, shall authorise all the actions and judgments
of that man or assembly of men, in the same manner as if they were
his own, to the end to live peaceably amongst themselves, and to be
protected against other men' (c. 18). Here a distinction is drawn
between the covenant of all with all to be bound by the act of the
majority in appointing a sovereign, and that act of appointment
itself which is not a covenant of all with all. The natural
conclusion would be that it was no violation of the covenant if the
majority afterwards transferred the sovereign power to other hands.
But in the sequel Hobbes expressly makes out such a transference to
be a violation of the original compact. This is an instance of his
desire to vindicate the absolute right of a _de facto_ monarch.
Public-domain text, read in full here on John Shaqi.
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