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
153. The influences commonly pointed out as instrumental in
bringing about the recognition of rights in the man, as independent
of particular citizenship, are these: (1) The adjudication by
Roman praetors of questions at issue between citizens and those
who were not so, which led to the formation of the system of
'equity,' independent of the old civil law and tending gradually
to be substituted for it. The existence of such a system, however,
presupposes the recognition of rights so far independent of
citizenship in a particular state as to obtain between citizens of
different states. (2) The doctrine of a 'law of nature' applicable
to dealings of all men, popularised by the Stoics. (3) The Christian
conception of the universal redemption of a brotherhood, of which all
could become members through a mental act within the power of all.
154. The admission of a right to free life on the part of every man,
as man, does in fact logically imply the conception of all men as
forming one society in which each individual has some service to
render, one organism in which each has a function to fulfil. There
can be no claim on society such as constitutes a right, except in
respect of a capacity freely (i.e. under determination by conception
of the good) to contribute to its good. If the claim is made on
behalf of any and every human being, it must be a claim on human
society as a whole, and there must be a possible common good of
human society as a whole, conceivable as independent of the special
conditions of particular societies, to render such a claim possible.
We often find, however, that men assimilate a practical idea in
respect of one of its implications without doing so in respect of
the rest. Thus the idea of the individual's right to free life has
been strongly laid hold of in Christendom in what may be called an
abstract or negative way, but little notice has been taken of what
it involves. Slavery is everywhere condemned. It is established that
no one has a right to prevent the individual from determining the
conditions of his own life. We treat life as sacred even in the human
embryo, and even in hopeless idiots and lunatics recognise a right to
live, a recognition which can only be rationally explained on either
or both of two grounds: (1) that we do not consider either their
lives, or the society which a man may freely serve, to be limited to
this earth, and thus ascribe to them a right to live on the strength
of a social capacity which under other conditions may become what
it is not here; or (2) that the distinction between curable and
incurable, between complete and incomplete, social incapacity is so
indefinite that we cannot in any case safely assume it to be such as
to extinguish the right to live. Or perhaps it may be argued that
even in cases where the incapacity is ascertainably incurable, the
patient has still a social function (as undoubtedly those who are
incurably ill in other ways have), a passive function as the object
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