Lectures on the Principles of Political Obligation: Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard BosanquetGreen, Thomas Hill
Philosophy
Lectures on the Principles of Political Obligation: Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard Bosanquet
Green, Thomas Hill
Liberty; Natural law; Political obligation
171. It is true that public spirit, to be real, must be national; but
the more a nation becomes a true state, the more does it find outlets
for its national spirit other than conflicts with other nations
172. In fact the identification of patriotism with military
aggressiveness is a survival from a time when states in the full
sense did not exist
173. And our great standing armies are due, not to the development
of a system of states, but to circumstances which witness to the
shortcomings of that system
174. The better the organisation of each state, the greater is the
freedom of communication with others, especially in trade, which,
beginning in self-interest, may lead to the consciousness of a higher
bond
175. As compared with individuals, any bonds between nations must
be weak; on the other hand, governments have less temptation than
individuals to deal unfairly with one another.
L. _The right of the state to punish._
176. (3) (See sec. 156). What right has the state to punish? The
right to live in a community rests on the capacity to act for the
common good, and implies the right to protect such action from
interference
177. A detailed theory of punishment implies a detailed theory of
rights. Here we can only deal with principles
178. Is punishment _retributive_? Not in the sense that it carries on
a supposed 'right' of private vengeance, for no such 'right' can exist
179. The most rudimentary 'right' of vengeance implies social
recognition and regulation, in early times by the family
180. And its development up to the stage at which the state alone
punishes is the development of a principle implied from the first
181. But if punishment excludes private vengeance, how can it be
retributory at all? And how can a wrong _to society_ be requited?
182. When a wrong is said to be 'done to society,' it does not mean
that a feeling of vindictiveness is excited in the society
183. The popular indignation against a great criminal is an
expression, not of individual desire for vengeance, but of the demand
that the criminal should have his due
184. And this does not mean an equivalent amount of suffering; nor
such suffering as has been found by experience to deter men from the
crime
185. Punishment, to be _just_, implies _(a)_ that the person punished
can understand what _right_ means, and _(b)_ that it is some
understood _right_ that he has violated
186. He will then recognise that the punishment is his own act
returning on himself; (it is in a different sense that the physical
consequences of immorality are spoken of as a 'punishment')
187. Punishment may be said to be_ preventive_, if it be remembered
_(a)_ that _what_ it 'prevents' must be the violation of a real
right, and _(b)_ that the _means by which_ it 'prevents' must be
really necessary
188. Does our criterion of the justice of punishment give any
practical help in apportioning it?
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