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
95. Thus as to question (2) (above, sec. 80), if sovereignty is said
to rest on the general will 'de jure,' either 'sovereign' or 'jus' is
not used in the strict sense
96. An antithesis between sovereign 'de jure' and 'de facto' can only
arise from a confusion between 'sovereign' as = the source of law and
'sovereign' as = the 'general will'
97. Though there are cases in which (in a different sense) a
sovereign may be conveniently described as 'de facto,' not 'de jure,'
or _vice versa_
98. Similarly, to say that the people is 'sovereign de jure' is to
confuse the general will with the coercive power of the majority
99. Rousseau's confusion is due to the theory of 'natural rights'
(that the individual is not bound by anything which he has not
individually approved)
100. The individual must indeed judge for himself whether a law is
for the common good; but though he judge it not to be, he ought as a
rule to obey it
101. Cases in which a doubt may arise
102. _(a)_ Where the legal authority of the law is doubtful, owing to
the doubt where the sovereignty in the state resides
103. In such cases the truth generally is that the 'right,' on the
particular issue, has not yet formed itself
104. But it does not follow that because the 'right' is on both
sides, one is not 'better' than the other; though this may be the case
105. In such cases of disputed sovereignty the distinction of 'de
jure' and 'de facto' may be applied, though it is better to say that
the sovereignty is in abeyance
106. The individual, having no 'right' to guide him, should take the
side whose success seems likely to be best for mankind
107. _(b)_ Another case is where there is no legal way of getting
a bad law repealed. Here it is a question, not of _right_, but of
_duty_, to resist the sovereign
108. Nor is it a question of the right of a majority, _as a
majority_, to resist: it may be the duty of a helpless minority
109. Some general questions which the good citizen may put to himself
in such dilemmas
110. They can, indeed, seldom be applied by the agents at the time as
they can be after the event
111. In simple cases we may judge of the right or wrong of an act by
the character which it expresses, but generally we can only judge
them by its results
112. All that the historian can say is that on the whole the best
character is likely to produce the best results, notwithstanding
various appearances to the contrary.
G. _Will, not force, is the basis of the state._
113. The doctrines which explain political obligation by contract
agree in treating sovereign and subject apart, whereas they are
correlative
114. For the desire for freedom in the individual is no real desire
unless he is one of a society which recognises it. (Slaves are not a
real exception to this)
115. And without an authority embodied in civil institutions he would
not have the elementary idea of right which enables him to question
the authority
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