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
the recognition of a corresponding claim upon me on the part of all
persons or the particular party to the contract. But the right of a
husband in regard to his wife not merely implies that all those as
against whom he claims the right have a like claim against him, but
that the wife over whom he asserts the right has a right, though not
a precisely like right, over him. The same applies to the right of a
father over a son, and of a master over a servant.
234. A German would express the peculiarity of the rights now under
consideration by saying that, not only are persons the subjects of
them, but persons are the objects of them. By the 'subject' of rights
he would mean the person exercising them or to whom they belong;
by 'object' that in respect of which the rights are exercised. The
piece of land or goods which I own is the 'object' of the right
of property, the particular action which one person contracts to
perform for another is the 'object' of a right of contract; and in
like manner the person from whom I have a right to claim certain
behaviour, which excludes any right on the part of anyone else to
claim such behaviour from him or her, is the 'object' of the right.
But English writers commonly call that the subject of a right which
the Germans would call the object. By the subject of a right of
property they would not mean the person to whom the right belongs,
but the thing over which, or in respect of which, the right exists.
And in like manner, when a right is exercised over, or in respect of
a person, such as a wife or a child, they would call that person, and
not the person exercising the right, the subject of it. By the object
of a right, on the other hand, they mean the action or forbearance
which someone has a right to claim. The object of a right arising
out of contract would be the action which the person contracting
agrees to perform. The object of a connubial right would not be, as
according to German usage, the person in regard to, or over, whom
the right is exercised--that person would be the subject of the
right--but either the behaviour which the person possessing the right
is entitled to claim from that person, or the forbearances in respect
to that person, which he is entitled to claim from others. (Austin,
I. 378 and II. 736.) Either usage is justifiable in itself. The only
matter of importance is not to confuse them. There is a convenience
in expressing the peculiarity of family rights by saying, according
to the sense of the terms adopted by German writers, that not only
are persons subjects of them but persons are objects of them. It is
in this sense that I shall use these terms, if at all.
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