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
103. In such cases the truest retrospective account to be given
of the matter will often be, that at the time there was nothing
amounting to a right on either side. A right is a power of which the
exercise by the individual or by some body of men is recognised by
a society, either as itself directly essential to a common good, or
as conferred by an authority of which the maintenance is recognised
as so essential. But in cases of the kind described the authorities,
appealed to on each side as justifying respectively compulsion and
resistance, often do not command a sufficiently general recognition
of their being necessary to the common good to enable them to confer
rights of compulsion or resistance. One or other of them may be
coming to do so, or ceasing to do so, but rights, though on the one
hand they are eternal or at least coeval with human society, on the
other hand take time to form themselves in this or that particular
subject and to transfer themselves from one subject to another; (just
as one may hold reason to be eternal, and yet hold that it takes
time for this or that being to become rational.) Hence in periods
of conflict between local or customary and imperial or written law,
between the constituent powers of a sovereignty, such as king and
parliament in England, of which the relation to each other has not
become accurately defined, between a falling and a rising sovereign
in a period of revolution, between federal and state authorities in
a composite state, the facts are best represented by saying that
for a time there may be no right on either side in the conflict,
and that it is impossible to determine precisely the stage at which
there comes to be such a right on the one side as implies a definite
resistance to right on the other. This of course is not to be taken
to mean that in such periods rights in general are at an end. It is
merely that right is in suspense on the particular point at issue
between the conflicting powers. As we have seen, the general fabric
of rights in any society does not depend on the existence of a
definite and ascertained sovereignty, in the restricted sense of the
words; on the determination of a person or persons in whom supreme
power resides; but on the control of the conduct of men according to
certain regular principles by a society recognising common interests;
and though such control may be more or less weakened during periods
of conflict of the kind supposed, it never ceases.
Public-domain text, read in full here on John Shaqi.
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