18.When the subordination is considered as resulting originally from the will,or (it maybe more proper to say)the pleasure of the party governed,we rather use the word `submission:'when from that of the party governing,the word `subjection.'On this account it is,that the term can scarcely be used without apology,unless with a note of disapprobation:especially in this country,where the habit of considering the consent of the persons governed as being in some sense or other involved in the notion of all lawful,that is,all commendable government,has gained so firm a ground.
It is on this account,then,that the term `subjection,'excluding as it does,or,at least,not including such consent,is used commonly in what is called a BAD sense:that is,in such a sense as,together with the idea of the object in question,conveys the accessary idea of disapprobation.
This accessary idea,however,annexed as it is to the abstract term `subjection,'does not extend itself to the concrete term `subjects'a kind of inconsistency of which there are many instances in language.
47.It is true that every person must,for sometime,at least,after hjs birth,necessarily be in a state of subjection with respect to his parents,or those who stand in the place of parents to him;and that a perfect one,or at least as near to being a perfect one,as any that we see.But for all this,the sort of society that is constituted by a state of subjection thus circumstanced,does not come up to the idea that,I believe,is generally entertained by those who speak of a political society.To constitute what is meant in general by that phrase,a greater number of members is required,or,at least,a duration capable of a longer continuance.Indeed,for this purpose nothing less,I take it,than an indefinite duration is required.A society,to come within the notion of what is originally meant by a political one,must be such as,in its nature,is not incapable of continuing for ever in virtue of the principles which gave it birth.This,it is plain,is not the case with such a family society,of which a parent,or a pair of parents are at the head.In such a society,the only principle of union which is certain and uniform in its operation,is the natural weakness of those of its members that are in a state of subjection;that is,the children;a principle which has but a short and limited continuance.I question whether it be the case even with a family society,subsisting in virtue of collateral consanguinity;and that for the like reason.Not but that even in this case a habit of obedience,as perfect as any we see examples of,may subsist for a time;to wit,in virtue of the same moral principles which may protract a habit of filial obedience bcyond the continuance of the physical ones which gave birth so it:I mean affection,gratitude,awe,the force of habit,and the like.But it is not long,even in this case,before the bond of connection must either become imperceptible or lose its influence by being too extended.
These considerations,therefore,it will be proper to bear in mind in applying the definition of political society above given (in par.10)and in order to reconcile it with what is said further on (in par.17).
48.The Kingdom of Naples is feudatory to the Papal See:and in token of fealty,the King,at his accession,presents the Holy Father with a white horse.The Royal vassal sometimes treats his Lord but cavalierly:but always sends him his white horse.
49.Upon recollection,I have some doubt whether this example would be found historically exact.If not,that of the defection of the Nabobs of Hindostan may answer the purpose.My first choice fell upon the former;supposing it to be rather better known.
50.1.Disobedience may be said to be unconscious with respect to the fact,when the party is ignorant either of his having done the act itself,which is forbidden by the law,or else of his having done it in those circumstances,in which alone it is forbidden.
2.Disobedience may be said to be unconscious,with respect to the law;when although he may know of his having done the act that is in reality forbidden,and that,under the circumstances in which it is forbidden,he knows not of its being forbidden in these circumstances.
3.So long as the business of spreading abroad the knowledge of the law continues to lie in the neglect in which it has lain hitherto,instances of disobedience unconscious with respect to the law,can never be otherwise than abundant.
51.If examples be thought necessary,Theft may serve for an example of fraudulent disobedience;Robbery of forcible.In Theft,the person of the disobedient party,and the act of disobedience,are both endeavoured to be kept secret.In Robbery,the act of disobedience,at least,if not the person of him who disobeys,is manifest and avowed.
52.1.In the third Volume of his TREATISE on HUMANNATURE.
Our Author,one would think,had never so much as opened that celebrated book:of which the criminality in the eyes of some,and the merits in the eyes of others,have since been almost effaced by the splendour of more recent productions of the same pen.The magnanimity of our Author scorned,perhaps,or his circumspection feared,to derive instruction from an enemy:
