In the answers commonly given to this question, the conflict between
the Ideal and the Traditional or Customary, which has perplexed us
in seeking the definition of Justice, meets us again in an even more
complicated form. For not only do some say that obedience is always due
to the traditionally legitimate authority in any country, while others
maintain that an authority constituted in accordance with certain
abstract principles is essentially legitimate, and that a nation has
a right to claim that such an authority shall be established, even at
the risk of civil strife and bloodshed: but often, too, the authority
actually established is not even traditionally legitimate. So that
we have to distinguish _three_ claims to authority, each of which
may come into conflict with either of the other two: (1) that of the
Government held to be ideally or abstractly right, and such as ought to
be established: (2) that of the Government _de jure_, according to the
constitutional traditions in any given country: and (3) that of the _de
facto_ Government.
§ 2. Let us begin by considering the Ideal. Here I do not propose to
consider all views as to the right constitution of supreme authority
which speculative thinkers have put forward; but only such as have
a _prima facie_ claim to express the Common Sense of mankind on the
subject. Of these the most important, and the most widely urged and
admitted, is the principle that the Sovereign in any community can
only be rightly constituted by the Consent of the Subjects. This, as
was noticed in the preceding chapter, is involved in the adoption of
Freedom as the ultimate end of political order: if no one originally
owes anything to another except non-interference, he clearly ought
only to be placed in the relation of Subject to Sovereign by his own
consent. And thus, in order to reconcile the original right of Freedom
with the actual duty of Law-observance, some supposition of a social
compact appears necessary; by means of which Obedience to Law becomes
merely a special application of the duty of keeping compacts.
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