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
the social recognition grounded on that reference that has rendered
certain of his powers rights. If upon new conditions arising, or
upon elements of social good being taken account of which had been
overlooked before, or upon persons being taken into the reckoning as
capable of participation in the social well-being who had previously
been treated merely as means to its attainment,--if in any of these
ways or otherwise the reference to social well-being suggest the
necessity of some further regulation of the individual's liberty to
do as he pleases, he can plead no right against this regulation,
for every right that he has possessed has been dependent on that
social judgment of its compatibility with general well-being which in
respect to the liberties in question is now reversed.
[1] [Above, sections 100, 101. RLN]
143. 'Is then,' it may be asked, 'the general judgment as to the
requirements of social well-being so absolutely authoritative that
no individual right can exist against it? What if according to this
judgment the institution of slavery is so necessary that citizens are
prohibited by law from teaching slaves to read and from harbouring
runaways? or if according to it the maintenance of a certain form
of worship is so necessary that no other worship can be allowed
and no opinion expressed antagonistic to it? Has the individual no
rights against enactments founded on such accepted views of social
well-being?' We may answer: A right against society as such, a right
to act without reference to the needs or good of society, is an
impossibility, since every right depends on some social relation, and
a right against any group of associated men depends upon association
on some footing of equality with them or with some other men. We
saw how the right of the slave really rested on this basis, on a
social capacity shown in the footing on which he actually lives
with other men. On this principle it would follow, if we regard the
state as the sustainer and harmoniser of social relations, that the
individual can have no right against the state; that its law must be
to him of absolute authority. But in fact, as actual states at best
fulfil but partially their ideal function, we cannot apply this rule
to practice. The general principle that the citizen must never act
otherwise than as a citizen, does not carry with it an obligation
under all conditions to conform to the law of his state, since those
laws may be inconsistent with the true end of the state as the
sustainer and harmoniser of social relations. The assertion, however,
by the citizen of any right which the state does not recognise must
be founded on a reference to an acknowledged social good. The fact
that the individual would like to exercise the power claimed as a
right does not render the exercise of it a right, nor does the fact
that he has been hitherto allowed to exercise it render it a right,
if social requirements have arisen under changed conditions, or have
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