In what way, then, are the terms of this fundamental compact to be
known? No one now maintains the old view that the transition from the
‘natural’ to the ‘political’ state actually took place by means of
an “original contract,” which conferred indelible legitimacy on some
particular form of social organisation. Shall we say, then, that a man
by remaining a member of a community enters into a ‘tacit undertaking’
to obey the laws and other commands imposed by the authority generally
recognised as lawful in that community? In this way however the Ideal
lapses into the Customary: and the most unlimited despotism, if
established and traditional, might claim to rest on free consent as
well as any other form of government: so that the principle of abstract
Freedom would lead to the justification of the most unqualified
concrete tyranny and servitude; and thus our theory would end by
riveting men’s chains under pretence of exalting their freedom. If
to avoid this result, we suppose that certain ‘Natural Rights’ are
inalienable--or tacitly reserved in the tacit compact--and that laws
are not strictly legitimate which deprive a man of these, we are again
met by the difficulty of deducing these inalienable rights from any
clear and generally accepted principles. For instance, as we have seen,
a widely accepted opinion is that all such rights may be summed up
in the notion of Freedom; but we have also seen that this principle
is ambiguous, and especially that the right of private property as
commonly recognised cannot be clearly deduced from it; and if so it
would certainly be most paradoxical to maintain that no government can
legitimately claim obedience for any commands except such as carry
out the principle of protecting from interference the Freedom of the
individuals governed. It has been thought that we can avoid this
difficulty by constituting the supreme organ of government so that any
law laid down by it will always be a law to which every person called
on to obey it will have consented personally or by his representatives:
and that a government so constituted, in which--to adopt Rousseau’s
phrase--every one “obeys himself alone,” will completely reconcile
freedom and order. But how is this result to be attained? Rousseau held
that it could be attained by pure direct democracy, each individual
subordinating his private will to the “general will” of the sovereign
people of which all are equally members. But this “general will” must
be practically the will of the majority: and it is paradoxical to
affirm that the freedom and natural rights of a dissentient minority
are effectively protected by establishing the condition that the
oppressors must exceed the oppressed in number. Again, if the principle
be absolute it ought to apply to all human beings alike: and if to
avoid this absurdity we exclude children, an arbitrary line has to be
drawn: and the exclusion of women, which even those who regard the
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