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
Wherever, therefore, the family relations exist, there is
sure to exist also a wider society which by its authority gives to
the powers exercised in those relations the character of rights. By
what process the relations of husband and wife and the institution
of the household may have come to be formed among descendants of a
single pair, it is impossible to conceive or to discover, but in
fact we find no trace in primitive history of households except as
constituents of a clan recognising a common origin; and it is by the
customs of the clan, founded on the conception of a common good, that
those forbearances on the part of members of one household in dealing
with another, which are necessary to the privacy of the several
households, are secured.
239. The history of the development of family life is the history of
the process _(a)_ by which family rights have come to be regarded
as independent of the special custom of a clan and the special
laws of a state, as rights which all men and women, as such, are
entitled to. This, however, characterises the history of all rights
alike. It is a history farther _(b)_ of the process by which the
true nature of these rights has come to be recognised, as rights
over persons; rights of which persons are the objects, and which
therefore imply reciprocal claims on the part of those over whom they
are exercised and of those who exercise them. The establishment of
monogamy, the abolition of 'patria potestas' in its various forms,
the 'emancipation of women' (in the proper sense of the phrase), are
involved in these two processes. The principles (1) that all men and
all women are entitled to marry and form households, (2) that within
the household the claims of the husband and wife are throughout
reciprocal, cannot be realised without carrying with them not merely
monogamy, but the removal of those faulty relations between men and
women which survive in countries where monogamy is established by law.
240. Under a system of polygamy, just so far as it is carried out,
there must be men who are debarred from marrying. It can only exist,
indeed, alongside of a slavery, which excludes masses of men from
the right of forming a family. Nor does the wife, under a polygamous
system, though she ostensibly marries, form a household, or become
the co-ordinate head of a family, at all. The husband alone is
head of the family and has authority over the children. The wife,
indeed, who for the time is the favourite, may practically share
the authority, but even she has no equal and assured position. The
'consortium omnis vitae,' the 'individua vitae consuetudo,' which
according to the definition in the Digest is an essential element in
marriage, is not hers. [1] [2]
Public-domain text, read in full here on John Shaqi.
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