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
76. But after the first generation of those who were parties to
the supposed original compact, what is to settle whether anyone
is a party to it or no? Rousseau faces the question, but his only
answer is that when once the state is instituted, consent is implied
in residence; 'to dwell on the territory is to submit to the
sovereignty.' (IV, ii.) This answer, however, will scarcely stand
examination. Rousseau himself does not consider that residence in
the same region with the original parties to the pact renders those
so resident also parties to it. Why should it do so, when the pact
has descended to a later generation? It may be argued of course that
everyone residing in a settled society, which secures him in his
rights of person and property, has the benefit of the society from
the mere fact of his residence in it, and is therefore morally bound
to accept its laws. But this is to abandon the doctrine of obligation
being founded on consent. Residence in a territory governed by a
certain sovereign can only be taken to imply consent to the rule of
that sovereign, if there is any real possibility of relinquishing it,
and this there can scarcely ever be.
77. Rousseau certainly carried out the attempt to reconcile
submission to government with the existence of natural rights
antecedent to the institution of government, by the hypothesis of a
foundation of government in consent, more consistently than any other
writer; and his result shows the hopelessness of the attempt. To the
consistency of his theory he sacrifices every claim to right on the
part of any state except one in which the whole body of citizens
directly legislates, i.e. on the part of nearly all states then or
now existing; and finally he can only justify the control of the
minority by the majority in any state whatever by a subterfuge. It
does not follow, however, because the doctrine of natural rights and
the consequent conception of government as founded on compact are
untenable, that there is no truth in the conception of the state
or sovereign as representing a general will, and as authorised or
entitled to obedience on that account. It is this conception, as the
permanently valuable thing in Rousseau, that we have now further to
consider.
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