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
233. In the consideration of those rights which do not arise out of
the existence of the state, but which are antecedent to it (though
of course implying society in some form), and which it is its office
to enforce, we now come to family or household rights--also called,
though not very distinctively, rights in private relations--of which
the most important are the reciprocal rights of husband and wife,
parent and child. The distinctive thing about these is that they are
not merely rights of one person as against all or some other persons
over some thing, or to the performance of or abstention from some
action; they are rights of one person as against all other persons
to require or prevent a certain behaviour on the part of another.
Right to free life is a right on the part of any and every person to
claim from all other persons that course of action or forbearance
which is necessary to his free life. It is a right against all the
world, but not a right over any particular thing or person. A right
of property, on the other hand, is a right against all the world, and
also over a particular thing; a right to claim from any and every
one certain actions and forbearances in respect of a particular
thing (hence called 'jus in rem'). A right arising from contract,
unlike the right of property or the right of free life, is not a
right as against all the world, but a right as against a particular
person or persons contracted with to claim a certain performance or
forbearance. It may or may not be a right over a particular thing,
but as it is not necessarily so, while it is a right against a
particular person or persons in distinction from all the world, it
is called 'jus in personam' as distinct from 'in rem.' The right of
husband over wife and that of parent over children (or _vice versa_)
differs from the right arising out of contract, inasmuch as it is
not merely a right against the particular person contracted with,
but a right against all the world. In this respect it corresponds
to the right of property; but differs again from this, since it is
not a right over a thing but over a person. It is a right to claim
certain acts or forbearances from all other persons in respect of a
particular person: or (more precisely) to claim a certain behaviour
from a certain person, and at the same time to exclude all others
from claiming it. Just because this kind of right is a right over a
person, it is always reciprocal as between the person exercising it
and the person over whom it is exercised. All rights are reciprocal
as between the person exercising them and the person against whom
they are exercised. My claim to the right of free life implies a
like claim upon me on the part of those from whom I claim acts and
forbearances necessary to my free life. My claim upon others in
respect of the right of property, or upon a particular person in
respect of an action which he has contracted to perform, implies
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