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
175. If the necessary or impelling power of the idea of what is
due from members of different nations to each other is weak, it
must be observed on the other hand that the individual members of a
nation have no such apparent interest in their government's dealing
unfairly with another nation as one individual may have in getting
the advantage of another. Thus, so far as this idea comes to form
part of the habit of men's minds, there ceases to be anything in the
passions of the people which a government represents to stimulate the
government to that unfairness in dealing with another government,
to which an individual might be moved by self-seeking passions in
dealing with another individual, in the absence of an impartial
authority having power over both. If at the same time the several
governments are purely representative of the several peoples, as they
should become with the due organisation of the state, and thus have
no dynastic interests of their own in embroiling one nation with
another, there seems to be no reason why they should not arrive at a
passionless impartiality in dealing with each other, which would be
beyond the reach of the individual in defending his own cause against
another. At any rate, if no government can ever get rid of some bias
in its own favour, there remains the possibility of mediation in
cases of dispute by disinterested governments. With the abatement of
national jealousies and the removal of those deeply-seated causes
of war which, as we have seen, are connected with the deficient
organisation of states, the dream of an international court with
authority resting on the consent of independent states may come to
be realised. Such a result may be very remote, but it is important
to bear in mind that there is nothing in the intrinsic nature of a
system of independent states incompatible with it, but that on the
contrary every advance in the organisation of man kind into states in
the sense explained is a step towards it.
L. _THE RIGHT OF THE STATE TO PUNISH._
176. (3) We come now to the third of the questions raised [l] in
regard to the individual's right to free life, the question under
what conditions that right may be forfeited; the question, in other
words, of the state's right of punishment. The right (i.e. the power
secured by social recognition) of free life in every man rests on
the assumed capacity in every man of free action contributory to
social good ('free' in the sense of determined by the idea of a
common good. Animals may and do contribute to the good of man, but
not thus 'freely'). This right on the part of associated men implies
the right on their part to prevent such actions as interfere with
the possibility of free action contributory to social good. This
constitutes the right of punishment, the right so far to use force
upon a person (to treat him as an animal or a thing) as may be
necessary to save others from this interference.
[1] [Above, sec. 156. RLN]
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