Lectures On the Principles of Political Obligation

Cover Lectures On the Principles of Political Obligation
Lectures On the Principles of Political Obligation
Green Thomas Hill
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) 64 PRINCIPLES OF POLITICAL OBLIGATION.
itself be a violation of ' jus civile, ' but simply a proof that the conditions of 'jus civile' were no longer present. It might at the same time be a step to re-establishing- them if, besides being a proof that the old ' imperium ' no longer exists, it implied such a combination of powers as suffices to establish a new one.
47. No obligation, then, as distinct from compulsion, to submit to an ostensibly sovereign power can consistently be founded on a t
...heory according to which right either = simple power, or only differs from it, in the form of 'jus civile, ' through being a power which an ' imperium ' enables individuals to exercise as against each other. Hobbes could not, indeed, have made out his doctrine (of the absolute submission to the sovereign) with any plausibility, if he had stated with the explicitness of Spinoza that 'jus naturale ' = ' naturalis potentia. ' That it is so is implied in the account of the state of things preceding the establishment of sovereignty as one of 'bellum omnium contra omnes ' ; for where there is no recognition of a common good, there can be no right in any other sense than power.

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