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
greatest when the government is a monarchy, because under all other
forms there is more or less discrepancy between the individual wills
of the several persons composing the government, as directed to the
particular good of each, and the corporate will of the government of
which the object is its own efficiency, and under a monarchy this
source of weakness is avoided. (III, ii.) As there is more need of
force in the government in proportion to the number of subjects whose
particular wills it has to control, it follows that monarchy is best
suited to the largest, democracy to the smallest states. (III, iii.)
72. As to the institution of government, Rousseau maintains
strenuously that it is not established by contract. 'There is only
one contract in the state, viz. that of the original association;
and this excludes every other. No other public contract can be
imagined which would not be a violation of the first.' (III, xvi.)
Even when government is vested in an hereditary body, monarchic
or aristocratic, this is merely a provisional arrangement, made
and liable to be reversed by the sovereign, whose officers the
governors are. The act by which government is established is twofold,
consisting firstly of the passing of a law by the sovereign, to the
effect that there shall be a government; secondly, of an act in
execution of this law, by which the governors--the 'magistrates'--are
appointed. But it may be asked, How can the latter act, being one not
of sovereignty but of magistracy (for it has a particular reference
in the designation of the governors), be performed when as yet there
is no government? The answer is that the people resolves itself
from a sovereign body into a body of magistrates, as the English
Parliament resolves itself constantly from a legislative body into
a committee. In other words, by a simple act of the general will a
democracy is for the time established, which then proceeds either to
retain the government in its own hands, or to place it in those of an
officer, according to the form in which the sovereign has decided to
establish the government. (III, xvii.) Acts similar to that by which
the government was originally constituted need to be periodically
repeated in order to prevent the government from usurping the
functions of the sovereign, i.e. the function of legislation.
(Could this usurpation occur under a democracy?) In order that the
sovereignty may not fall into abeyance, it must be exercised, and
it can only be exercised in assemblies of the whole people. These
must be held periodically, and at their opening two questions ought
to be submitted; one, whether it pleases the sovereign to maintain
the present form of government; the other, whether it pleases the
people to leave the administration in the hands of those at present
charged with it. (III, xviii.) Such assemblies are entitled to
revise and repeal all previously enacted laws. A law not so repealed
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Lectures on the Principles of Political Obligation: Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard Bosanquet — John Shaqi
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