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
is not an act of the sovereign people, but an exercise of prerogative
on the part of the executive, in the way of redistributing
representation, which would be justified by 'salus populi suprema
lex.'
E. _ROUSSEAU._
64. That 'sovereignty of the people,' which Locke looks upon as
held in reserve after its original exercise in the establishment
of government, only to be asserted in the event of a legislature
proving false to its trust, Rousseau supposes to be in constant
exercise. Previous writers had thought of the political society
or commonwealth, upon its formation by compact, as instituting a
sovereign. They differed chiefly on the point whether the society
afterwards had or had not a right of displacing an established
sovereign. Rousseau does not think of the society, _civitas_ or
commonwealth, as thus instituting a sovereign, but as itself in the
act of its formation becoming a sovereign and ever after continuing
so.
65. In his conception of a state of nature, Rousseau does not differ
from Locke. He conceives the motive for passing out of it, however,
somewhat differently and more after the manner of Spinoza. With
Locke the motive is chiefly a sense of the desirability of having
an impartial judge, and efficient enforcement of the law of nature.
According to Rousseau, some pact takes place when men find the
hindrances to their preservation in a state of nature too strong for
the forces which each individual can bring to bear against them.
This recalls Spinoza's view of the 'jus in naturam' as acquired by a
combination of the forces of individuals in civil society.
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