43. Statement of his doctrine

44. He uses 'person,' as in Roman law, for either (1) a complex of

rights, or (2) the subject of those rights

45. Though by his theory the sovereign may be one or many, and

sovereignty is transferable by the act of a majority, he tacitly

vindicates the absolute right of a _de facto_ monarchy

46. The radical fiction in his theory is that there can be any

'right' _after_ the institution of sovereignty, if (as he holds)

there is none before it

47. To justify his doctrine of absolute submission he has to assume a

'law of nature' which binds men to keep covenant, while yet he holds

the 'law of nature' to be mere 'power' and covenants to be only valid

under an _imperium,_

48. His 'contract' can confer none but natural right, and that is

either not a right at all, or (if it is) it belongs to all men,

subject and sovereign alike

49. The real flaw in the theory of contract is not that it is

unhistorical, but that it implies the possibility of rights and

obligations independently of society

50. Though it has not been popularly accepted as regards the rights

of sovereigns over subjects, the behaviour of individuals to society

is to a groat extent practically determined by it.

Lectures on the Principles of Political Obligation Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard Bosanquet · 第 14 / 48 题