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
200. The principle above stated, as that according to which
punishment by the state should be inflicted and regulated, also
justifies a distinction between crimes and civil injuries, i.e.
between breaches of right for which the state inflicts punishment
without redress to the person injured, and those for which it
procures or seeks to procure redress to the person injured without
punishment of the person causing the injury. We are not here
concerned with the history of this distinction (for which see Maine,
_Ancient Law_, chap. x, and W.E. Hearn, _The Aryan Household_, chap.
xix), nor with the question whether many breaches of right now among
us treated as civil injuries ought not to be treated as crimes,
but with the justification that exists for treating certain kinds
of breach of right as cases in which the state should interfere
to procure redress for the person injured, but not in the way of
inflicting punishment on the injurer until he wilfully resists the
order to make redress. The principle of the distinction as ordinarily
laid down, viz. that civil injuries 'are violations of rights when
considered in reference to the injury sustained by the individual,'
while crimes are 'violations of rights when considered in reference
to their evil tendency as regards the community at large' (Stephen,
Book V, chap, i), is misleading; for if the well-being of the
community did not suffer in the hurt done to the individual, that
hurt would not be a violation of a right in the true sense at all,
nor would the community have any ground for insisting that the hurt
shall be redressed, and for determining the mode in which it shall
be redressed. A violation of right cannot in truth be considered
merely in relation to injury sustained by an individual, for, thus
considered, it would not be a violation of right. It may be said that
the state is only concerned in procuring redress for civil injuries,
because, if it left an individual to procure redress in his own way,
there would be no public peace. But there are other and easier ways
of preventing fighting than by procuring redress of wrong. We prevent
our dogs from fighting, not by redressing wrongs which they sustain
from each other (of wrongs as of rights they are in the proper sense
incapable), but by beating them or tying them up. The community would
not keep the peace by procuring redress for hurt or damage sustained
by individuals, unless it conceived itself as having interest
in the security of individuals from hurt and damage, unless it
considered the hurt done to individuals as done to itself. The true
justification for treating some breaches of right as cases merely for
redress, others as cases for punishment, is that, in order to the
general protection of rights, with some it is necessary to associate
a certain terror, with others it is not.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account