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
69. The practical result is a vague exaltation of the prerogatives
of the sovereign people, without any corresponding limitation of the
conditions under which an act is to be deemed that of the sovereign
people. The justifiability of laws and acts of government, and of
the rights which these confer, comes to be sought simply in the fact
that the people wills them, not in the fact that they represent a
true 'volonté générale,' an impartial and disinterested will for the
common good. Thus the question of what really needs to be enacted
by the state in order to secure the conditions under which a good
life is possible, is lost sight of in the quest for majorities;
and as the will of the people in any other sense than the measure
of what the people will tolerate is really unascertainable in the
great nations of Europe, the way is prepared for the sophistries of
modern political management, for manipulating electoral bodies, for
influencing elected bodies, and procuring plébiscites.
70. The incompatibility between the ideal attributes which Rousseau
ascribes to the sovereign and any power that can actually be
exercised by any man or body of men becomes clearer as we proceed. He
expressly distinguishes 'sovereignty' from power, and on the ground
of this distinction holds that it cannot be alienated, represented,
or divided. 'Sovereignty being simply the exercise of the general
will can never be alienated, and the sovereign, who is only a
collective being, can only be represented by himself. Power can be
transmitted, but not will.' (II, i.) In order to the possibility of a
representation of the general will, there must be a permanent accord
between it and the individual will or wills of the person or persons
representing it. But such _permanent_ accord is impossible. (_Ib_.)
Again, a general will is from the nature of the case indivisible.
It is commonly held to be divided, not, indeed, in respect of its
source, but in respect of the objects to which its acts are directed,
e.g. into legislative and executive powers; into rights of taxation,
of war, of justice, &c. But this supposed division of sovereign
powers or rights implies that 'what are only emanations from the
sovereign authority are taken to be parts of it.' (II, ii.) The only
exercise of sovereign power, properly so called, is in legislation,
and there is no proper act of legislation except when the whole
people comes to a decision with reference to the whole people. Then
the matter decided on is as general as the will which decides on it;
and this is what constitutes a law. (II, vi.) By this consideration
several questions are answered. Whose office is it to make laws?
It is that of the general will, which can neither be alienated nor
represented. Is the prince above the law? The answer is, He is a
member of the state, and cannot be so. Can the law be unjust? No one
can be unjust to himself: therefore not the whole people to the whole
people.
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