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
The prohibition, then, by this law of nature of a breach of
that covenant of all with all, by which a sovereign power is supposed
to be established, can properly mean nothing more than that it is
everyone's interest to adhere to it. This, however, could only be a
conditional prohibition, conditional, in particular, on the way in
which the sovereign power is exercised. Hobbes tries to show that it
must always be for the advantage of all to obey it, because not to
do so is to return to the state of universal war; but a successful
resistance to it must be _ipso facto_ an establishment of a new
combined power which prevents the 'bellum omnium contra omnes' from
returning. At any rate, an obligation to submit to the established
'imperium,' measured by the self-interest of each in doing so, is
quite a different thing from the obligation which Hobbes describes in
terms only appropriate (according to his own showing) to contracts
between individuals enforced by a sovereign power.
48. It would seem that Hobbes' desire to prove all resistance
to established sovereignty unjustifiable leads him to combine
inconsistent doctrines. He adopts the notion that men are 'natura
hostes,' that 'jus naturale' = mere power, because it illustrates
the benefit to man's estate derived from the establishment of a
supreme power and the effects of the subversion of such power once
established, which he assumes to be equivalent to a return to a
state of nature. But this notion does not justify the view that a
rebellion, which is strong enough to succeed, is wrong. For this
purpose he has to resort to the representation of the sovereign as
having a right distinct from power, founded on a contract of all
with all, by which sovereignty is established. This representation
is quite alien to Spinoza, with whom sovereignty arises, it is true,
when 'plures in unum conveniunt,' but in the sense of combining
their powers, not of contracting. But after all, the fiction of this
contract will not serve the purpose which Hobbes wants it to serve.
The sovereignty established by the contract can only have a _natural_
right to be maintained inviolate, for all other right presupposes it,
and cannot be presupposed by it. If this natural right means mere
power, then upon a successful rebellion it disappears. If it means
anything else it must mean that there are natural rights of men,
other than their mere power, which are violated by its subversion.
But if there are such rights, there must equally be a possibility of
collision between the sovereign power and these natural rights, which
would justify a resistance to it.
Public-domain text, read in full here on John Shaqi.
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