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in the writings of scottish catholic priest and franciscan friar duns scotus who proposed this in his work ordinatio in the 1290s scotus s lengthy writing in theology have largely overshadowed this notable contribution that he made to early political theory it is believed these writings influenced the declaration of arbroath in 1320 2 in his 1937 book a history of political theory george sabine collected the views of many political theorists on consent of the governed he notes the idea mentioned in 1433 by nicholas of cusa in de concordantia catholica in 1579 an influential huguenot tract vindiciae contra tyrannos was published which sabine paraphrases the people lay down the conditions which the king is bound to fulfill hence they are bound to obedience only conditionally namely upon receiving the protection of just and lawful government the power of the ruler is delegated by the people and continues only with their consent 3 381 in england the levellers also held to this principle of government john milton wrote the power of kings and magistrates is nothing else but what is only derivative transferred and committed to them in trust from the people to the common good of them all in whom the power yet remains fundamentally and cannot be taken from them without a violation of their natural birthright 3 510 4 similarly sabine notes the position of john locke in an essay concerning human understanding civic power can have no right except as this is derived from the individual right of each man to protect himself and his property the legislative and executive power used by government to protect property is nothing except the natural power of each man resigned into the hands of the community and it is justified merely because it is a better way of protecting natural right than the self help to which each man is naturally entitled 3 532 however with david hume a contrary voice is heard sabine interprets hume s skepticism by noting the political world over absolute governments which do not even do lip service to the fiction of consent are more common than free governments and their subjects rarely question their right except when tyranny becomes too oppressive 3 603 sabine revived the concept from its status as a political myth after hume by referring to thomas hill green who wrote that government required will not force for administration as put by sabine 3 731 even the most powerful and the most despotic government cannot hold a society together by sheer force to that extent there was a limited truth to the old belief that governments are produced by consent according to james feibleman compliance with law is evidence for consent of the governed for a legal system to be consistent it must be applicable and for it to be complete it must be compatible with the fundamental convictions of a majority of citizens to say that an established legal order exists among them means that overtly they have consented to be governed in this fashion such public beliefs are embodied in institutions first and foremost in the institution of the state with its administration of law 5 consent of the governed within the social liberalism of t h green was also described by paul harris the conditions for the existence of a political society have less to do with force and fear of coercion than with the members mutual recognition of a good common to themselves and others although it may not be consciously expressed as such thus for the conditions for any civil combination to disappear through resistance to a despotic government or disobedience to law would require such a disastrous upheaval as to be unlikely in all but the most extreme circumstances in which we might agree with green that the price would be too high to pay yet sufficiently rare to allow us to acknowledge that there would ordinarily be a moral duty to act to overthrow any state that did not pursue the common good 6 in the united states of america edit consent of the governed is a phrase found in the 1776 united states declaration of independence written primarily by thomas jefferson using thinking similar to that of john locke the founders of the united states believed in a state built upon the consent of free and equal citizens a state otherwise conceived would lack legitimacy and rational legal authority this was expressed among other places in the 2nd paragraph of the declaration of independence emphasis added 7 we hold these truths to be self evident that all men are created equal that they are endowed by their creator with certain unalienable rights that among these are life liberty and the pursuit of happiness that to secure these rights governments are instituted among men deriving their just powers from the consent of the governed that whenever any form of government becomes destructive of these ends it is the right of the people to alter or to abolish it and to institute new government laying its foundation on such principles and organizing its powers in such form as to them shall seem most likely to effect their safety and happiness in section 6 of the virginia declaration of rights written in may 1776 and passed in june founding father george mason wrote that elections of members to serve as representatives of the people in assembly ought to be free and that all men having sufficient evidence of permanent common interest with the attachment to the community have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected nor bound by any law to which they have not in like manner assented for the public good 8 although the continental congress at the outset of the american revolution had no explicit legal authority to govern 9 it was delegated by the states with all the functions of a national government such as appointing ambassadors signing treaties raising armies appointing generals obtaining loans from europe issuing paper money i e continentals and disbursing funds the congress had no authority to levy taxes and was required to request money supplies and troops from the states to support the war effort individual states frequently ignored these requests according to the cyclopædia of political science new york maynard merrill and co 1899 commenting on the source of the congress power the appointment of the delegates to both these congresses was generally by popular conventions though in some instances by state assemblies but in neither case can the appointing body be considered the original depositary of the power by which the delegates acted for the conventions were either self appointed committees of safety or hastily assembled popular gatherings including but a small fraction of the population to be represented and the state assemblies had no right to surrender to another body one atom of the power which had been granted to them or to create a new power which should govern the people without their will the source of the powers of congress is to be sought solely in the acquiescence of the people without which every congressional resolution with or without the benediction of popular conventions or state legislatures would have been a mere brutum fulmen and as the congress unquestionably exercised national powers operating over the whole country the conclusion is inevitable that the will of the whole people is the source of the national government in the united states even from its first imperfect appearance in the second continental congress the consent of the governed would expand over the next century and a half after the constitution was ratified the individual states determined voting requirements which at first generally expanded the franchise to all white men with property but evolved to include women and people of color and removed property requirements 10 11 types of consent edit unanimous consent edit a key question is whether the unanimous consent of the governed is required if so this would imply the right of secession for those who do not want to be governed by a particular collective all democratic governments today allow decisions to be made even over the dissent of a minority of voters which in some theorists view calls into question whether said governments can rightfully claim in all circumstances to act with the consent of the governed 12 hypothetical consent edit the theory of hypothetical consent of the governed holds that one s obligation to obey government depends on whether the government is such that one ought to consent to it or whether the people if placed in a state of nature without government would agree to said government 13 this theory has been rejected by some scholars who who argue that since government itself can commit aggression creating a government to safeguard the people from aggression would be similar to the people if given the choice of what animals to be attacked by trading polecats and foxes for a lion a trade that they would not make 14 engineered consent edit according to the propagandist edward bernays when discussing public relations techniques that were described in his essay and book the engineering of consent 1955 the public may be manipulated by its subconscious desires to render votes to a political candidate consent thus obtained undermines the legitimacy of government bernays claimed that the basic principle involved is simple but important if the opinions of the public are to control the government these opinions must not be controlled by the government 15 edward s herman and noam chomsky in their book manufacturing consent 1988 advanced a propaganda model for the news media in the united states in which coverage of current events was skewed by corporations and the state in order to manufacture the consent of the governed 16 see also edit philosophy portal bay ah consent of the networked 2012 mandate popular sovereignty public policy rule of law self determination self governance social choice theory social contract taxation as theft freeman on the land movement references edit on the dignity of the person freedom of consciousness 22 october 2018 from the arbroath declaration to scottish enlightenment university press of america 2004 pp 206 207 1 2 3 4 5 george sabine 1937 a history of political theory holt rinehart and winston john milton works v 10 james feibleman 1975 philosophical perspectives on justice page 104 northwestern university press isbn 0 8101 0453 9 paul harris 1982 green s theory of political obligation and disobedience pp 127 to 142 in the philosophy of t h green andrew vincent editor gower publishing isbn 0 566 05104 4 the declaration of independence archived from the original on 2009 08 02 retrieved 2009 07 27 full citation needed virginia declaration of rights bancroft ch 34 p 353 online archived 2020 06 29 at the wayback machine the bill of rights a brief history american civil liberties union archived from the original on august 29 2022 retrieved august 29 2022 the consent of the governed meant propertied white men only voting rights throughout united states history national geographic retrieved november 30 2023 the country adopted the united states constitution in 1787 article 1 of the constitution empowers state legislatures to oversee federal elections suffrage or the right to vote was granted exclusively to white land owning men cassinelli c w 1959 the consent of the governed political research quarterly 12 2 391 409 doi 10 1177 106591295901200202 s2cid 154712817 pitkin hanna 1966 obligation and consent ii the american political science review 60 1 39 52 doi 10 2307 1953805 jstor 1953805 s2cid 251093199 bookman john t 1984 locke s contract would people consent to it american journal of economics and sociology 43 3 357 68 doi 10 1111 j 1536 7150 1984 tb01750 x john c livingston robert g thompson 1966 the consent of the governed 2nd edition page 457 collier macmillan edward s herman noam chomsky 1988 manufacturing consent pantheon books further reading edit john locke second treatise of civil government chapter 8 section 95 1690 etienne de la boétie discourse of voluntary servitude david hume of the original contract philip pettit republicanism a theory of freedom and government oxford clarendon press 1997 in which he argues against a theory of the consent of the governed in favour of a theory of the lack of explicit rebellion following a popperian view on falsifiability pettit considers that as consent of the governed is always implicitly supposed thus trapping the social contract in a vicious circle it should be replaced by the lack of explicit rebellion jean jacques rousseau the social contract or principles of political right 1762 v t e political philosophy terms authority citizenship duty elite emancipation freedom government hegemony hierarchy justice law legitimacy liberty monopoly nation obedience peace people pluralism power progress propaganda property regime revolution rights ruling class society sovereignty state utopia war government aristocracy oligarchy autocracy bureaucracy dictatorship democracy ochlocracy gerontocracy meritocracy monarchy tyranny plutocracy republic technocracy theocracy ideologies agrarianism anarchism capitalism christian democracy colonialism communism communitarianism confucianism conservatism corporatism distributism environmentalism fascism feminism feudalism hindutva imperialism islamism liberalism libertarianism localism marxism monarchism multiculturalism nationalism nazism populism republicanism social darwinism social democracy socialism third way concepts balance of power bellum omnium contra omnes body politic clash of civilizations common good consent of the governed divine right of kings family as a model for the state monopoly on violence natural law negative and positive rights night watchman state noble lie noblesse oblige open society ordered liberty original position overton window separation of powers social contract state of nature statolatry supermajority tyranny of the majority philosophers antiquity aristotle chanakya cicero confucius han fei lactantius mencius mozi plato political philosophy polybius shang sun tzu thucydides xenophon middle ages al farabi aquinas averroes bruni dante gelasius al ghazali ibn khaldun marsilius muhammad nizam al mulk ockham plethon wang early modern period boétie bodin bossuet calvin campanella filmer grotius guicciardini hobbes political philosophy james leibniz locke luther machiavelli milton more müntzer pufendorf spinoza suárez 18th and 19th centuries al afghani bakunin bastiat beccaria bentham bolingbroke bonald burke carlyle comte condorcet constant cortés engels fichte fourier franklin godwin haller hegel herder hume iqbal jefferson kant political philosophy le bon le play madison maistre marx mazzini mill montesquieu nietzsche owen paine proudhon renan rousseau sade saint simon smith spencer de staël stirner taine thoreau tocqueville tucker voltaire 20th and 21st centuries agamben ambedk...