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
180. From this state of things it is a long step to the régime of
law in a duly constituted state. Under it the arm of the state alone
is the organ through which force may be exercised on the individual;
the individual is prohibited from averting violence by violence,
except so far as is necessary for the immediate protection of life,
and altogether from avenging wrong done to him, on the understanding
that the society, of which he is an organ and from which he derives
his rights, being injured in every injury to him, duly protects him
against injury, and when it fails to prevent such injury from being
done, inflicts such punishment on the offender as is necessary for
future protection. But the process from the one state of things to
the other, though a long one, consists in the further development of
that social right [1] which properly speaking was the only right the
individual ever had, and from the first, or ever since a permanent
family tie existed, was present as a qualifying and restraining
element in the exercise of private vengeance so far as that exercise
partook at all in the nature of a right. The process is not a
continuance of private vengeance under altered forms, but a gradual
suppression of it by the fuller realisation of the higher principle
which all along controlled it.
[1] 'Social right,' i.e. right belonging to a society of persons
recognising a common good, and belonging through membership of the
society to the several persons constituting it. The society to which
the right belongs, is in principle or possibility a society of all
men as rendered capable of free intercourse with each other by the
organisation of the state. Actually at first it is only this or
that family; then some association of families; finally the state,
as including all other forms of association, reconciling the rights
which arise out of them, and thus the most perfect medium through
which the individual can contribute to the good of mankind and
mankind to his.
181. But it will be asked, how upon this view of the nature
of punishment as inflicted by the state it can be considered
retributory. If no private vengeance, no vengeance of the injured
individual, is involved in punishment, there can be no vengeance in
it at all. The conception of vengeance is quite inappropriate to the
action of society or the state on the criminal. The state cannot be
supposed capable of vindictive passion. Nor, if the essence of crime
is a wrong done to society, does it admit of retaliation upon the
person committing it. A hurt done to an individual can be requited by
the infliction of a like hurt upon the person who has done it; but no
equivalent of wrong done to society can be paid back to the doer of
it.
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