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
75. The test of the dominance of the general will in assemblies of
the people is an approach to unanimity. 'Long debates, discussions,
tumult, indicate the ascendency of particular interests and the
decline of the state.' (IV, ii.) Rousseau, however, does not venture
to say that absolute unanimity in the assembly is necessary to an
expression of the general will, or to give a law a claim upon the
obedience of the subjects. This would have been to render effectual
legislation impossible. Upon the theory, however, of the foundation
of legitimate sovereignty in consent, the theory that the natural
right of the individual is violated unless he is himself a joint
imponent of the law which he is called to obey, it is not easy to see
what rightful claim there can be to the submission of a minority.
Rousseau so far recognises the difficulty that he requires unanimity
in the original compact. (IV, ii.) If among those who are parties
to it there are others who oppose it, the result is simply that
the latter are not included in it. 'They are strangers among the
citizens.' But this does not explain how they are to be rightfully
controlled, on the principle that the only rightful control is
founded on consent; or, if they are not controlled, what is the
value of the 'social compact.' How can the object of the pact be
attained while those who are bound by it have these 'strangers'
living among them who are not bound by it, and who, not being bound
by it, cannot be rightfully controlled? The difficulty must recur
with each generation of the descendants of those who were parties to
the original pact. The parties to the pact, it is true, have no right
to resist the general will, because the pact is _ex hypothesi_ to the
effect that each individual, in all things of common concern, will
take the general will for his own. The true form, therefore, of the
question upon which each party to the pact should consider himself
to be voting in the assembly is, as Rousseau puts it, not 'Is the
proposed measure what I wish for, or what I approve, or no?' but 'Is
it in conformity with the general will?' If, having voted upon this
question, he finds himself in a minority, he is bound to suppose that
he is mistaken in his views of the general will, and to accept the
decision of the majority as the general will which, by the pact, he
is bound to obey. So far all is consistent; though how the individual
is to be answered if he pleads that the vote of the assembly has been
too much biassed by particular interests to be an expression of the
general will, and that therefore it is not binding on him, does not
appear.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account