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GUIDE TO THE PHILOSOPHY 1938 - 1947.pdf - Rare Books at ...

GUIDE TO THE PHILOSOPHY 1938 - 1947.pdf - Rare Books at ...

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SOVEREIGNTY AND NATURAL RIGHTS 547<br />

wh<strong>at</strong> was good and bad, right and wrong! in a society by<br />

reasoning from general premises about the n<strong>at</strong>ure and<br />

purpose of man and the St<strong>at</strong>e. 1 It is from this point of<br />

view th<strong>at</strong> Burke criticises the doctrine of N<strong>at</strong>ural Rights.<br />

He charged it with being a purely abstract conception<br />

owning no rel<strong>at</strong>ion to reality. This criticism entailed a criticism<br />

of the Social Contract theory, for, if there were no<br />

rights, it was nonsense to suppose th<strong>at</strong> men had formed society<br />

in order to preserve them. Again, if there were no rights,<br />

it was nonsense to suppose th<strong>at</strong> the duty of obedience in<br />

a society was based on a far-fetched deduction, explicit<br />

or implicit, to the effect th<strong>at</strong>, since society existed to<br />

preserve rights, and since, in order th<strong>at</strong> it might do so,<br />

it must be permitted to function smoothly, and since the<br />

smooth functioning of society entailed an obedience on<br />

the part of its members to its laws, it followed th<strong>at</strong> citizens<br />

must obey the laws.<br />

Society does, however, it is obvious, exist and man<br />

has a duty to obey it. Why, then, does it exist and wh<strong>at</strong>,<br />

on Burke's view, is the basis of this duty? Burke's answer<br />

broadly is, because God so ordained it. "The awful author<br />

of our being/' he wrote in his Appeal from the New to tht<br />

Old Whigs, "is the author of our place in the order of<br />

existence; and th<strong>at</strong>, having disposed and marshalled us<br />

by a divine tactic, not according to our will, but according<br />

to his, he has, in and by th<strong>at</strong> disposition, virtually ' sub-<br />

jected us to act the part which belongs to the place assigned<br />

to us. We have oblig<strong>at</strong>ions to mankind <strong>at</strong> large which are<br />

not in consequence of any special voluntary pact. They<br />

arise from the rel<strong>at</strong>ions of man to man; and the rel<strong>at</strong>ions<br />

of man to God, which rel<strong>at</strong>ions are not m<strong>at</strong>ters of pact.<br />

On the contrary, the force of all the pacts which we enter<br />

into with any particular person, or number of persons<br />

amongst mankind, depends upon these prior oblig<strong>at</strong>ions."<br />

In other words we have a rel<strong>at</strong>ion to God who cre<strong>at</strong>ed<br />

us, and we also have rel<strong>at</strong>ions to other men, since God<br />

1 Sec pp. 55^-560 below for a development of this criticism of the<br />

undue abttractneu of some political theories.

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