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
a father, husband, son, or brother, and therefore cannot extinguish
the rights which are necessarily involved in his so acting and being
so treated. Nor can it prevent him from appropriating things and from
associating with others on the understanding that they respect each
other's appropriations, and thus possessing and exercising rights of
property. He has thus rights which the state neither gives nor can
take away, and they amount to or constitute a right to freedom in
the sense explained. The state, under which the slave is a slave,
refusing to recognise this right, he is not limited in its exercise
by membership of the state. He has a right to assert his right to
such membership in any way compatible with that susceptibility to
the claims of human fellowship on which the right rests. Other men
have claims upon him, conditioning his rights, but the state, as
such, which refuses to recognise his rights, has no claim on him. The
obligation to observe the law, because it is the law, does not exist
for him.
146. It is otherwise with the citizen. The slave has a claim upon him
to be treated in a certain way, the claim which is properly described
as that of a common humanity. But the state which forbids him so to
treat the slave has also a claim upon him, a claim which embodies
many of the claims that arise out of a common humanity in a form
that reconciles them with each other. Now it may be argued that the
claim of the state is only absolutely paramount on the supposition
that in its commands and prohibitions it takes account of all the
claims that arise out of human fellowship; that its authority over
the individual is in principle the authority of those claims, taken
as a whole; that if, as in the case supposed, its ordinances conflict
with those claims as possessed by a certain class of persons, their
authority, which is essentially a conditional or derived authority,
disappears; that a disregard of them in the interest of the claims
which they disregard is really conformity to the requirements of
the state according to its true end or idea, since it interferes
with none of the claims or interests which the state has its value
in maintaining or protecting, but, on the contrary, forces on
the attention of members of the state claims which they hitherto
disregarded; and that if the conscience of the citizens is so far
mastered by the special private interests which the institution of
slavery breeds that it cannot be brought to recognise action on the
slave's behalf as contributory to a common good, yet there is no
ground under such conditions for considering a man's fellow-citizens
to be the sole organs of the recognition which is needed to render
his power of action a right; that the needful recognition is at any
rate forthcoming from the slave, and from all those acquainted with
the action in whom the idea of a good common to each man with others
operates freely.
Public-domain text, read in full here on John Shaqi.
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