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
59. Thus 'the legislative being only a fiduciary power to act for
certain ends, there remains still in the people a supreme power
to remove or alter the legislature.' Subject to this ultimate
'sovereignty' (a term which Locke does not use) of the people, the
legislative is necessarily the supreme power, to which the executive
is subordinate. An appearance to the contrary can only arise in cases
where (as in England) the supreme executive power is held by a person
who has also a share in the legislative. Such a person may 'in a
very tolerable sense be called supreme.' It is not, however, to him
as supreme legislator (which he is not, but only a participator in
supreme legislation) but to him as supreme executor of the law that
oaths of allegiance are taken. It is only as executing the law that
he can claim obedience, his executive power being, like the power
of the legislative, 'a fiduciary trust placed in him' to enforce
obedience to law and that only (_Civ. Gov_. XIII. Sect. 151). This
distinction of the supreme power of the people from that of the
supreme executive, corresponding to a distinction between the act of
transferring individual powers to a society and the subsequent act
by which that society establishes a particular form of government,
enables Locke to distinguish what Hobbes had confounded, the
dissolution of government and the dissolution of political society.
60. He gets rid of Hobbes' notion, that because the 'covenant of all
with all,' by which a sovereignty is established, is irrevocable,
therefore the government once established is unalterable. He
conceives the original pact merely as an agreement to form a civil
society, which must indeed have a government, but not necessarily
always the same government. The pact is a transfer by individuals of
their natural rights to a society, and can only be cancelled through
the dissolution of the society by foreign conquest. The delegation
by the society of legislative and executive powers to a person or
persons is a different matter. The society always retains the right,
according to Locke, of resuming the powers thus delegated, and must
exercise the light in the event either of the legislative being
altered, (placed in different hands from those originally intended),
of a collision between its executive and legislative officers, or of
a breach between different branches of the legislature (when as in
England there are such different branches), or when legislative and
executive or either of them 'act contrary to their trust.' He thus in
effect vindicates the right of revolution, ascribing to a 'sovereign
people' the attributes which Hobbes assigned to a 'person,' single
or corporate, on which the people forming a society were supposed by
an irrevocable act to have devolved their powers. In other words,
he considered the whole civil society in all cases to have the
rights which Hobbes would only have allowed it to possess where the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account