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
139. The state then presupposes rights, and rights of individuals. It
is a form which society takes in order to maintain them. But rights
have no being except in a society of men recognising each other as
ἴσοι καὶ ὅμοιοι. [1] They are constituted by that mutual recognition.
In analysing the nature of any right, we may conveniently look at
it on two sides, and consider it as on the one hand a claim of the
individual, arising out of his rational nature, to the free exercise
of some faculty; on the other, as a concession of that claim by
society, a power given by it to the individual of putting the claim
in force. But we must be on our guard against supposing that these
distinguishable sides have any really separate existence. It is only
a man's consciousness of having an object in common with others, a
well-being which is consciously his in being theirs and theirs in
being his,--only the fact that they are recognised by him and he by
them as having this object,--that gives him the claim described.
There can be no reciprocal claim on the part of a man and an animal
each to exercise his powers unimpeded by the other, because there is
no consciousness common to them. But a claim founded on such a common
consciousness is already a claim conceded; already a claim to which
reality is given by social recognition, and thus implicitly a right.
[1] [Greek ἴσοι καὶ ὅμοιοι (isoi kai homoioi) = equals and alike,
plural Tr]
140. It is in this sense that a slave has 'natural rights' They are
'natural' in the sense of being independent of, and in conflict with,
the laws of the state in which he lives, but they are not independent
of social relations. They arise out of the fact that there is a
consciousness of objects common to the slave with those among whom
he lives,--whether other slaves or the family of his owner,--and
that this consciousness constitutes at once a claim on the part of
each of those who share it to exercise a free activity conditionally
upon his allowing a like activity in the others, and a recognition
of this claim by the others through which it is realised. The slave
thus derives from his social relations a real right which the law of
the state refuses to admit. The law cannot prevent him from acting
and being treated, within certain limits, as a member of a society of
persons freely seeking a common good. Now that capability of living
in a certain limited community with a certain limited number of
human beings, which the slave cannot be prevented from exhibiting,
is in principle a capability of living in community with any other
human beings, supposing the necessary training to be allowed; and as
every such capability constitutes a right, we are entitled to say
that the slave has a right to citizenship, to a recognised equality
of freedom with any and every one with whom he has to do, and that
in refusing him not only citizenship but the means of training his
capability of citizenship, the state is violating a right founded on
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