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
the sovereign must be taken tacitly to confirm, and it retains
its authority. But as the true sovereign is not any law but the
general will, no law, even the most fundamental, can be exempt from
liability to repeal. Even the social pact itself might legitimately
be dissolved, by agreement of all the citizens assembled. (_Ib_.)
(Whether unanimity is necessary for the purpose is not specified.)
Without such assemblies there can be no exercise of the general will
(which, as before stated, cannot be represented), and consequently
no freedom. The English people, e.g., is quite mistaken in thinking
itself free. It is only free while the election of members of
Parliament is going on. As soon as they are elected, it is in
bondage, it is nothing. In the short moments of its freedom it makes
such a bad use of it that it well deserves to lose it. (III, xv.)
73. It appears from the above that, according to Rousseau, the
general will, which is the true sovereign, can only be exercised
in assemblies of the whole people. On the other hand, he does not
hold that an act of such an assembly is necessarily an act of the
general will. After telling us that the 'general will is always
right, and always tends to the public good,' he adds, 'but it does
not follow that the deliberations of the people have always the same
rectitude.... There is often a great difference between the will
of all and the general will. The latter only looks to the common
interest; the other looks to private interests, and is only a sum of
the wills of individuals.' (II, iii.) Again (II, iv.), 'that which
generalises the will is not so much the number of voices as the
common interest which unites them.' He holds apparently that in the
assembly of the whole people, if they had sufficient information, and
if no minor combinations of particular interests were formed within
the entire body, the difference between the wills of individuals
would neutralise each other, and the vote of the whole body would
express the true general will. But in fact in all assemblies there
is at least a liability to lack of information and to the formation
of cliques; and hence it cannot be held that the vote of the
assembly necessarily expresses the general will. Rousseau, however,
does not go so far as to say that unless the law is actually such
as contributes to the common good, it is not an expression of the
general will. The general will, according to him, always aims at
or wills the common good, but is liable to be mistaken as to the
means of attaining it.' It is always right, but the judgment which
guides it is not always enlightened.... Individuals see the good
which they reject; the public wills the good which it does not
see.' (II, vi.) Hence the need of a guide in the shape of a great
lawgiver. Apparently, however, the possible lack of enlightenment on
the part of the general will does not, in Rousseau's view, prevent
its decisions from being for the public good. In discussing the
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