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
152. At first it is only a right of the man as a member of some one
particular society, and a right as between him and the other members
of that society, the society being naturally a family or tribe.
Then, as several such societies come to recognise, in some limited
way, a common well-being, and thus to associate on settled terms,
it comes to be a right not merely between the members of any one of
the societies, but between members of the several families or tribes
in their dealings with each other, not, however, as men, but only
as belonging to this or that particular family. This is the state
of things in which, if one man is damaged or killed, compensation
is made according to the terms of some customary law by the family
or tribe of the offender to that of the man damaged or killed, the
compensation varying according to the rank of the family. Upon
this system, generally through some fusion of family demarcations
and privileges, whether through pressure upward of a population
hitherto inferior, or through a levelling effected by some external
power, there supervenes one in which the relation between citizen
and citizen, as such, is substituted for that between family and
family as such. This substitution is one of the essential processes
in the formation of the state. It is compatible, however, with the
closest limitation of the privileges of citizenship, and implies
no acknowledgment in man as man of the right to free life ascribed
to the citizen as citizen. In the ancient world the companion
of citizenship is everywhere slavery, and it was only actual
citizenship, not any such capacity for becoming a citizen as might
naturally be held to be implied in civil birth, that was considered
to give a right to live; for the exposure of children was everywhere
practised [1] (and with the approval of the philosophers), a practice
in strong contrast with the principle of modern law that even a child
in the womb has a right to live.
[1] Tacitus speaks of it as a peculiarity of the Jews and Germans
that they did not allow the killing of younger children (_Hist_.,
V, 5; _Germ_. 19). Aristotle (Pol. 1335, b, 19) enjoins that μηδὲν
πεπηρωμένον shall be brought up, but seems to condemn exposure,
preferring that the required limit of population should be preserved
by destruction of the embryo, on the principle that τὸ ὅσιον καὶ τὸ
μὴ διωρισμένον τῇ αἰσθήσει καὶ τῷ ζῆν ἔσται Plato's rule is the same
as regards the defective children and the procuring abortion, but he
leaves it in the dark whether he meant any healthy children, actually
born, to be put out of the way (_Rep_. 460 C. and 461 C.).
[Greek μηδὲν πεπηρωμένον (meden peperomenon) = no deformed [child],
τὸ ὅσιον καὶ τὸ μὴ διωρισμένον τῇ αἰσθήσει καὶ τῷ ζῆν ἔσται (to
hosion kai to me diorismenon te aisthesei kai to zen estai) = what
may lawfully be done in such cases [of children not deformed] depends
on the question of sensation and life Tr]
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