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
government was not a monarchy or aristocracy but a democracy; i.e.
where the supreme 'person' upon which all devolve their several
'personae' is an 'assembly of all who will come together.' As such
a democracy did not then exist in Europe, any more than it does
now, except in some Swiss cantons, the practical difference between
the two views was very great. Both Locke and Hobbes wrote with a
present political object in view, Hobbes wishing to condemn the
Rebellion, Locke to justify the Revolution. For practical purposes,
Locke's doctrine is much the better; but if Hobbes' translation
of the irrevocableness of the covenant of all with all into the
illegitimacy of resistance to an established government in effect
entitles any tyrant [l] to do as he likes, on the other hand, it is
impossible upon Locke's theory to pronounce when resistance to a _de
facto_ government is legitimate or otherwise. It would be legitimate
according to him when it is an act of the 'sovereign people' (not
that Locke uses the phrase), superseding a government which has been
false to its trust. But this admitted, all sorts of questions arise
as to the means of ascertaining what is and what is not an act of the
'sovereign people.'
[1] According to Hobbes, tyranny = 'monarchy misliked'; oligarchy =
'aristocracy misliked.'
61. The rapid success of the revolution without popular disorder
prevented Locke's theory from becoming of importance, but in the
presence of such sectarian enthusiasm as existed in Hobbes' time
it would have become dangerous. It would not any more than that of
Hobbes justify resistance to 'the powers that be' on the part of any
body of men short of the civil society acting as a whole, i.e. by a
majority. The sectaries of the time of the Rebellion, in pleading
a natural or divine right to resist the orders of the government,
would have been as much condemned by Locke's theory as by that of
Hobbes. But who can say when any popular action by which established
powers, legislative or executive, are resisted or altered is an
act of the 'sovereign people,' of the civil society acting as a
whole, or no. Where government is democratic, in Hobbes' sense,
i.e. vested in an assembly of all who will come together, the act
of the 'sovereign people' is unmistakeable. It is the act of the
majority of such an assembly. But in such a case the difficulty
cannot arise. There can be no withdrawal by the sovereign people
of power from its legislative or executive representatives, since
it has no such representatives. In any other case it would seem
impossible to say whether any resistance to, or deposition of, an
established legislative or executive is the act of the majority of
the society or no Any sectary or revolutionary may plead that he has
the 'sovereign people' on his side. If he fails, it is not certain
that he has them not on his side; for it may be that, though he has
the majority of the society on his side, yet the society has allowed
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