Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-gq7q9 Total loading time: 0 Render date: 2024-07-18T14:32:16.247Z Has data issue: false hasContentIssue false

Section 3 - Inter-related forms of will – commonwealth and state

Published online by Cambridge University Press:  05 June 2012

Jose Harris
Affiliation:
University of Oxford
Get access

Summary

If the theory that I am putting forward is going to retain the concept of natural law in its twofold sense, it must include the proposition that law can be understood as a collective expression of both natural will and rational will. The root of individual natural will, however, is to be found in the sub-conscious vegetative life, whereas individual rational will stems from the possibility of combining two conscious ideas of similar or competing utility. The root of the will of a Community thus lies hidden in the vegetative life, for family and kinship affairs are ‘vegetative’ in the sociological sense, in that they form the substantive basis of human life together. The root of Society's will, by contrast, is the meeting of individual minds, intersecting at the point of an exchange which is rational or right for both of them. Just as sympathy and mutual understanding are always derived from a more general principle, which we have termed concord, so we have learnt that isolated rational calculation needs the basic conception of the rational will of Society for its complete fulfilment. In the case of natural will, a real objective ‘esprit’ or common spirit arises out of the material life and constitutes its way of thinking and developing.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2001

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×