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
citizen his family rights and his rights as a holder of property, but
under conditions and limitations which the membership of the fuller
whole--the reconciliation of rights arising out of one sort of social
capability with those arising out of another--renders necessary. Nor
can the citizen have any right against the state, in the sense of a
right to act otherwise than as a member of some society, the state
being for its members the society of societies, the society in which
all their claims upon each other are mutually adjusted.
[1] [Greek ἴσος καὶ ὅμοιος (isos kai homoios) = equal and alike,
singular Tr.]
142. But what exactly is meant by the citizen's acting 'as a member
of his state'? What does the assertion that he can have no right
to act otherwise than as a member of his state amount to? Does it
mean that he has no right to disobey the law of the state to which
he belongs, whatever that law may be? that he is not entitled to
exercise his power in any way that the law forbids and to refuse
to exercise them in any way that it commands? This question was
virtually dealt with before [1] in considering the justifiability of
resistance to an ostensible sovereign. The only unqualified answer
that can be given to it is one that may seem too general to be of
much practical use, viz. that so far as the laws anywhere or at any
time in force fulfil the idea of a state, there can be no right to
disobey them; or, that there can be no right to disobey the law of
the state except in the interest of the state; i.e. for the purpose
of making the state in respect of its actual laws more completely
correspond to what it is in tendency or idea, viz. the reconciler
and sustainer of the rights that arise out of the social relations
of men. On this principle there can be no right to disobey or evade
any particular law on the ground that it interferes with any freedom
of action, any right of managing his children or 'doing what he
will with his own,' which but for that law the individual would
possess. Any power which has been allowed to the individual up to a
certain time, he is apt to regard as permanently his right. It has,
indeed, been so far his right, if the exercise of that power has been
allowed with any reference to social good, but it does not, as he
is apt to think, remain his right when a law has been enacted that
interferes with it. A man e.g. has been allowed to drive at any pace
he likes through the streets, to build houses without any reference
to sanitary conditions, to keep his children at home or send them to
work 'analphabetic,' to buy or sell alcoholic drinks at his pleasure.
If laws are passed interfering with any or all of these powers,
he says that his rights are being violated. But he only possessed
these powers as rights through membership of a society which secured
them to him, and of which the only permanent bond consists in the
reference to the well-being of its members as a whole. It has been
Public-domain text, read in full here on John Shaqi.
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