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
159. Is there then any condition on the part of the persons killed
that saves the act from having this character? It may be urged that
when the war is conducted according to usages that obtain between
civilised nations, (not when it is a village-burning war like that
between the English and Afghans), the persons killed are voluntary
combatants, and οὐδεὶς ἀδικεῖται ἑκών [1]. Soldiers, it may be said,
are in the position of men who voluntarily undertake a dangerous
employment. If some of them are killed, this is not more a violation
of the human right to life than is the death of men who have engaged
to work in a dangerous coal-pit. To this it must be answered that
if soldiers did in fact voluntarily incur the special risk of death
incidental to their calling, it would not follow that the right to
life was not violated in their being--killed. It is not a right
which it rests with a man to retain or give up at his pleasure. It
is not the less a wrong that a man should be a slave because he has
sold himself into slavery. The individual's right to live is but
the other side of the right which society has in his living. The
individual can no more voluntarily rid himself of it than he can of
the social capacity, the human nature, on which it is founded. Thus,
however ready men may be for high wages to work in a dangerous pit,
a wrong is held to be done if they are killed in it. If provisions
which might have made it safe have been neglected, someone is held
responsible. If nothing could make it safe, the working of the pit
would not be allowed. The reason for not more generally applying the
power of the state to prevent voluntary noxious employments, is not
that there is no wrong in the death of the individual through the
incidents of an employment which he has voluntarily undertaken, but
that the wrong is more effectually prevented by training and trusting
individuals to protect themselves than by the state protecting them.
Thus the waste of life in war would not be the less a wrong,--not the
less a violation of the right, which subsists between all members
of society, and which none can alienate, that each should have his
life respected by society,--if it were the fact that those whose
lives are wasted voluntarily incurred the risk of losing them. But
it can scarcely be held to be the fact. Not only is it impossible,
even when war is conducted on the most civilised methods, to prevent
great incidental loss of life (to say nothing of other injury) among
non-combatants; the waste of the life of the combatants is one which
the power of the state compels. This is equally true whether the army
is raised by voluntary enlistment or by conscription. It is obviously
so in the case of conscription; but under a system of voluntary
enlistment, though the individual soldier cannot say that he in
particular has been compelled by the government to risk his life,
it is still the case that the state compels the risk of a certain
number of lives.
Public-domain text, read in full here on John Shaqi.
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