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
147. This may be truly urged, but it does not therefore follow that
the duty of befriending the slave is necessarily paramount to the
duty of obeying the law which forbids his being befriended: and if it
is possible for the latter duty to be paramount, it will follow, on
the principle that there is no right to violate a duty, that under
certain conditions the right of helping the slave may be cancelled
by the duty of obeying the prohibitory law. It would be so if the
violation of law in the interest of the slave were liable to result
in general anarchy, not merely in the sense of the dissolution of
this or that form of civil combination, but of the disappearance of
the conditions under which any civil combination is possible; for
such a destruction of the state would mean a general loss of freedom,
a general substitution of force for mutual good-will in men's
dealings with each other, that would outweigh the evil of any slavery
under such limitations and regulations as an organised state imposes
on it.
I. _PRIVATE RIGHTS._ _THE RIGHT TO LIFE AND LIBERTY._
148. Returning from this digression, we resume our consideration of
the nature and functions of the state. In order to understand this
nature, we must understand the nature of those rights which do not
come into being with the state, but arise out of social relations
that may exist where a state is not; it being the first though
not the only office of the state to maintain those rights. They
depend for their existence, indeed, on society, a society of men
who recognise each other as ἴσοι καὶ ὅμοιοι, as capable of a common
well-being, but not on society's having assumed the form of a state.
They may therefore be treated as claims of the individual without
reference to the form of the society which concedes or recognises
them, and on whose recognition, as we have seen, their nature as
rights depends. Only it must be borne in mind that the form in which
these claims are admitted and acted on by men in their dealings with
each other varies with the form of society; that the actual form,
e.g., in which the individual's right of property is admitted under
a patriarchal _régime_ is very different from that in which it is
admitted in a state; and that though the principle of each right is
throughout the same, it is a principle which only comes to be fully
recognised and acted on when the state has not only been formed, but
fully developed according to its idea.
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