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
149. The rights which may be treated as independent of the state
in the sense explained are of course those which are commonly
distinguished as _private_, in opposition to _public_ rights. 'If
rights be analysed, they will be found to consist of several kinds.
For, first, they are such as regard a man's own person; secondly,
such as regard his dominion over the external and sensible things by
which he is surrounded; thirdly, such as regard his private relations
as a member of a family; fourthly, such as regard his social state or
condition as a member of the community: the first of which classes
may be designated as _personal rights_; the second, as _rights of
property_; the third, as _rights in private relations_; and the
fourth, as _public rights_.' (Stephen, _Comm_., I, p. 136.)
150. An objection might fairly be made to distinguishing one class
of rights as 'personal,' on the ground that all rights are so;
not merely in the legal sense of 'person' according to which the
proposition is a truism, since every right implies a person as its
subject, but in the moral sense, since all rights depend on that
capacity in the individual for being determined by a conception of
well-being, as an object at once for himself and for others, which
constitutes personality in the moral sense. By personal rights in the
above classification are meant rights of life and liberty, i.e. of
preserving one's body from the violence of other men, and of using
it as an instrument only of one's own will; if of another's, still
only through one's own. The reason why these come to be spoken of
as 'personal' is probably the same with the reason why we talk of a
man's 'person' in the sense simply of his body. They may, however,
be reckoned in a special sense personal even by those who consider
all rights personal, because the person's possession of a body and
its exclusive determination by his own will is the condition of
his exercising any other rights,--indeed, of all manifestation of
personality. Prevent a man from possessing property (in the ordinary
sense), and his personality may still remain. Prevent him (if it were
possible) from using his body to express a will, and the will itself
could not become a reality; he would not be really a person.
Public-domain text, read in full here on John Shaqi.
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