The regulations and laws of the state are therefore misconceived when
they are viewed as commands. The “command” theory of common and statute
law is in reality a dialectical consequence of the theories, previously
criticized, which define the state in terms of an antecedent causation,
specifically of that theory which takes “will” to be the causal force
which generates the state. If a will is the origin of the state, then
state-action expresses itself in injunctions and prohibitions imposed
by its will upon the wills of subjects. Sooner or later, however,
the question arises as to the justification of the will which issues
commands. Why should the will of the rulers have more authority than
that of others? Why should the latter submit? The logical conclusion
is that the ground of obedience lies ultimately in superior force. But
this conclusion is an obvious invitation to trial of forces to see
where superior force lies. In fact the idea of authority is abolished,
and that of force substituted. The next dialectical conclusion is that
the will in question is something over and above any private will or
any collection of such wills: is some overruling “general will.” This
conclusion was drawn by Rousseau, and under the influence of German
metaphysics was erected into a dogma of a mystic and transcendent
absolute will, which in turn was not another name for force only
because it was identified with absolute reason. The alternative to one
or other of these conclusions is surrender of the causal authorship
theory and the adoption of that of widely distributed consequences,
which, when they are perceived, create a common interest and the need
of special agencies to care for it.
Public-domain text, read in full here on John Shaqi.
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