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
199. On this principle crimes committed in drunkenness must be dealt
with. Not only is all depravity of motive specially inapplicable to
them, since the motives actuating a drunken man often seem to have
little connection with his habitual character; it is not always the
case that a crime committed in drunkenness is even intentional.
When a man in a drunken rage kills another, he no doubt intends
to kill him, or at any rate to do him 'grievous bodily harm,' and
perhaps the association of great penal terror with such an offence
may tend to restrain men from committing it even when drunk; but
when a drunken mother lies on her child and smothers it, the hurt
is not intentional but accidental. The drunkenness, however, is not
accidental, but preventible by the influence of adequate motives.
It is therefore proper to treat such a violation of right, though
committed unknowingly, as a crime, and to associate terror with it
in the popular imagination, in order to the protection of rights by
making people more careful about getting drunk, about allowing or
promoting drunkenness, and about looking after drunken people. It is
unreasonable, however, to do this and at the same time to associate
so little terror, as in practice we do, with the promotion of
dangerous drunkenness. The case of a crime committed by a drunkard is
plainly distinguishable from that of a crime committed by a lunatic,
for the association of penal terror with the latter would tend
neither to prevent a lunatic from committing a crime nor people from
becoming lunatics.
Public-domain text, read in full here on John Shaqi.
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