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
187. It is clear, however, that this requirement, that punishment of
crime should be just, may be covered by the statement that in its
proper nature it is preventive, if the nature of that which is to be
prevented by it is sufficiently defined. Its proper function is, in
the interest of rights that are genuine (in the sense explained), to
prevent actions of the kind described by associating in the mind of
every possible doer of them a certain terror with the contemplation
of the act,--such terror as is necessary on the whole to protect the
rights threatened by such action. The whipping of an ill-behaved
dog is preventive, but not preventive in the sense in which the
punishment of crime is so, because (1) the dog's ill conduct is not
an intentional violation of a right or neglect of a known obligation,
the dog having no conception of right or obligation, and (2) for
the same reason the whipping does not lead to the association of
terror in the minds of other dogs with the violation of rights and
neglect of obligations. To shoot men down who resist a successful
_coup d'état_ may be effectually preventive of further resistance
to the government established by the _coup d'état_, but it does not
satisfy the true idea of punishment, because the terror produced by
the massacre is not necessary for the protection of genuine rights,
rights founded on public interest. To hang men for sheep-stealing,
again, does not satisfy the idea; because, though it is a genuine
right that sheep-stealing violates, in a society where there was
any decent reconciliation of rights no such terror as is caused
by the punishment of death would be required for the protection
of the right. It is because the theory that punishment is 'merely
preventive' favours the notion that the repetition of any action
which any sufficient body of men find inconvenient may justifiably
be prevented by any sort of terror that may be convenient for the
purpose, that it requires to be guarded by substituting for the
qualifying 'merely' a statement of what it is which the justifiable
punishment prevents and why it prevents it.
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