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
182. It is true that there is such a thing as a national desire
for revenge [1] (France and Germany): and, if a state = a nation
organised in a certain way, why should it not be 'capable of
vindictive passion'? No doubt there is a unity of feeling among the
members of a nation which makes them feel any loss of strength, real
or apparent, sustained by the nation in its corporate character, as
a hurt or disgrace to themselves, which they instinctively desire to
revenge. The corporate feeling is so strong that individuals feel
themselves severally hurt in the supposed hurt of the nation. But
when it is said that a crime is an offence against the state, it is
not meant that the body of persons forming the nation feel any hurt
in the sense in which the person robbed or wounded does, such a hurt
as excites a natural desire for revenge. What is meant is that there
is a violation of a system of rights which the nation has, no doubt,
an interest in maintaining, but a purely social interest, quite
different from the egoistic interest of the individual of which the
desire for vengeance is a form. A nation is capable of vindictive
feeling, but not so a nation as acting through the medium of a
settled, impartial, general law for the maintenance of rights, and
that is what we mean when we talk of the state as that against which
crimes are committed and which punishes them.
[1] 'Happy shall he be that rewardeth thee as thou hast served us.'
183. It is true that when a crime of a certain sort, e.g. a
cold-blooded murder, has been committed, a popular sympathy with
the sufferer is excited, which expresses itself in the wish to
'serve out' the murderer. This has some resemblance to the desire
for personal revenge, but is really quite different, because not
egoistic. Indignation against wrong done to another has nothing in
common with a desire to revenge a wrong done to oneself. It borrows
the language of private revenge, just as the love of God borrows the
language of sensuous affection. Such indignation is inseparable from
the interest in social well-being, and along with it is the chief
agent in the establishment and maintenance of legal punishment. Law
indeed is necessarily general, while indignation is particular in its
reference; and accordingly the treatment of any particular crime,
so far as determined by law, cannot correspond with the indignation
which the crime excites; but the law merely determines the general
category under which the crime falls, and fixes certain limits to
the punishment that may be inflicted under that category. Within
those limits discretion is left to the judge as to the sentence that
he passes, and his sentence is in part influenced by the sort of
indignation which in the given state of public sentiment the crime
is calculated to excite; though generally much more by his opinion
as to the amount of terror required for the prevention of prevalent
crime. Now what is it in punishment that this indignation demands? If
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