Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
_Readings_.--Suarez, _De Legibus_, III., iii., 6; _ib._, III., iv.,
nn. 2, 3, 4; _Defensio Fidei_, III., ii., nn. 7, 8, 9; Ar., _Pol._,
III., xiv., 12; _ib._, VIII., x., nn. 7, 8; _The Month_ for July,
1886, pp. 342-345.
SECTION VII.--_Of Resistance to Civil Power_.
"When they say the King owes his crown to the choice of his people,
they tell us that they mean to say no more than that some of the
King's predecessors have been called to the throne by some sort of
choice. Thus they hope to render their proposition safe by rendering
it nugatory." (Burke, _Reflections on French Revolution_.)
1. The great question about civil power is, not whence it first came
in remote antiquity, but whence it is now derived and flows
continually as from its source, whether from the free consent of
subjects so long as that lasts, or whether it obtains independently of
their consent. Can subjects overthrow the ruler, or alter the polity
itself, as often as they have a mind so to do? or has the ruler a
right to his position even against the will of his people? A parallel
question is, can a province annexed to an empire secede when it
chooses, as South Carolina and other Confederates once attempted
secession from the American Union?
2. These questions raise two totally different issues, which must be
first carefully distinguished and then severally answered. The first
point at issue is whether subjects may dethrone their ruler, a people
alter their polity, or a province secede from an empire, _at
discretion_. The second point is, whether the same may be done _under
pressure of dire injustice_. One little matter of phraseology must be
rectified before an answer is returned to this first point. The
question whether _subjects_ may dethrone their _ruler_ at discretion,
from the terms in which it is drawn, can lead to none but a negative
answer. From the fact that they are subjects, and this man, or this
body of men, their ruler, their allegiance cannot be wholly
discretionary. That sovereign is a mere man of straw, there is no soul
and substance of sovereign power in him, who may be knocked down and
carted away for rubbish, any moment his so-called subjects please.
Rousseau is quite clear on this point. The true debateable form of the
question is, whether the people, being themselves sovereign, can
remove at will the official persons who actually administer the State;
whether they can change the polity, and whether the inhabitants of a
province can secede. The answer now is simple: all depends upon the
polity of the particular country where the case comes for discussion.
And if so it be that the constitution makes no provision one way or
another, any dispute that may occur must be settled by amicable
arrangement among the parties concerned: if they cannot amicably
agree, they must fight. To save this last eventuality, it were well
that any claim which the people in any country may have to remove
princes and statesmen from office, to alter the polity, or to divide
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