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
that common human consciousness which is evinced both by the language
which the slave speaks, and by actual social relations subsisting
between him and others. And on the same principle upon which a state
is violating natural rights in maintaining slavery, it does the same
in using force, except under the necessity of self-defence, against
members of another community. Membership of any community is so
far, in principle, membership of all communities as to constitute a
right to be treated as a freeman by all other men, to be exempt from
subjection to force except for prevention of force.
141. A man may thus have rights as a member of a family or of human
society in any other form, without being a member of a state at
all,--rights which remain rights though any particular state or all
states refuse to recognise them; and a member of a state, on the
ground of that capability of living as a freeman among freemen which
is implied in his being a member of a state, has rights as against
all other states and their members. These latter rights are in fact
during peace recognised by all civilised states. It is the object of
'private international law' to reduce them to a system. But though
it follows from this that the state does not create rights, it may
be still true to say that the members of a state derive their rights
from the state and have no rights against it. We have already seen
that a right against society, as such, is an impossibility; that
every right is derived from some social relation: that a right
against any group of associated men depends on association, as
ἴσος καὶ ὅμοιος [1], with them and with some other men. Now for
the member of a state to say that his rights are derived from his
social relations, and to say that they are derived from his position
as member of a state, are the same thing. The state is for him the
complex of those social relations out of which rights arise, so far
as those rights have come to be regulated and harmonised according to
a general law, which is recognised by a certain multitude of persons,
and which there is sufficient power to secure against violation from
without and from within. The other forms of community which precede
and are independent of the formation of the state, do not continue
to exist outside it, nor yet are they superseded by it. They are
carried on into it. They become its organic members, supporting its
life and in turn maintained by it in a new harmony with each other.
Thus the citizen's rights, e.g. as a husband or head of a family or a
holder of property, though such rights, arising out of other social
relations than that of citizen to citizen, existed when as yet there
was no state, are yet to the citizen derived from the state, from
that more highly developed form of society in which the association
of the family and that of possessors who respect each other's
possessions are included as in a fuller whole; which secures to the
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