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
144. Thus to the question, Has the individual no rights against
enactments founded on imperfect views of social well-being? we may
answer, He has no rights against them founded on any right to do
as he likes. Whatever counter-rights he has must be founded on a
relation to the social well-being, and that a relation of which his
fellow -citizens are aware. He must be able to point to some public
interest, generally recognised as such, which is involved in the
exercise of the power claimed by him as a right; to show that it is
not the general well-being, even as conceived by his fellow-citizens,
but some special interest of a class that is concerned in preventing
the exercise of the power claimed. In regard to the right of teaching
or harbouring the slave, he must appeal to the actual capacity of the
slave for community with other men as evinced in the manner described
above, to the recognition of this capacity as shown by the actual
behaviour of the citizens in many respects towards the slave, to
the addition to social well-being that results from the realisation
of this capacity in all who possess it through rights being legally
guaranteed to them. In this way he must show that the reference to
social well-being, on which is founded the recognition of powers as
rights, if fairly and thoroughly carried out, leads to the exercise
of powers in favour of the slave, in the manner described, not to
the prohibition of that exercise as the supposed law prohibits it.
The response which in doing so he elicits from the conscience of
fellow-citizens shows that in talking of the slave as 'a man and a
brother,' he is exercising what is implicitly his right, though it is
a right which has not become explicit through legal enactments. This
response supplies the factor of social recognition which, as we have
seen, is necessary in order to render the exercise of any power a
right. To have an implicit right, however, to exercise a power which
the law disallows is not the same thing as having a right to exercise
that right. The right may be claimed without the power being actually
exercised so long as the law prohibits its exercise. The question,
therefore, would arise whether the citizen was doing his duty as
such--acting as a member of the state--if he not merely did what he
could for the repeal of the law prohibiting the instruction of a
slave or the assistance of runaways, but himself in defiance of the
law instructed and assisted them. As a general rule, no doubt, even
bad laws, laws representing the interests of classes or individuals
as opposed to those of the community, should be obeyed. There can
be no right to disobey them, even while their repeal is urged on
the ground that they violate rights, because the public interest,
on which all rights are founded, is more concerned in the general
obedience to law than in the exercise of those powers by individuals
or classes which the objectionable laws unfairly withhold. The
Public-domain text, read in full here on John Shaqi.
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