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
245. For the protection, therefore, of the rights of married persons
and their children against infidelity, it does not appear that the
law can do more than secure facilities of divorce in the case of
adultery. This indeed is not in itself a protection against the wrong
involved in adultery, but rather a deliverance from the further
wrong to the injured husband or wife and to the children that would
be involved in the continuance of any legal claim over them on the
part of the injurer. But indirectly it helps to prevent the wrong
being done by bringing social disapprobation to bear on cases of
infidelity, and thus helping to keep married persons faithful through
sympathy with the disapprobation of which they feel that they would
be the objects when they imagine themselves unfaithful. The only
other effectual way in which the state can guard against the injuries
in question is by requiring great precaution and solemnity in the
contraction of marriages. This it can do by insisting on the consent
of parents to the marriage of all minors, exacting a long notice
(perhaps even a preliminary notice of betrothal), and, while not
preventing civil marriage, by encouraging the celebration of marriage
in the presence of religious congregations and with religious rites.
246. Question (2) is one that does not admit of being answered on
any absolute principle We must bear in mind that all rights--in
idea or as they should be--are relative to moral ends. The ground
for securing to individuals in respect of the marriage-tie certain
powers as rights, is that in a general way they are necessary to
the possibility of a morally good life, either directly to the
persons exercising them or to their children. The more completely
marriage is a 'consortium omnis vitae' in the sense of a unity in
all interests and for the whole of a lifetime, the more likely are
the external conditions of a moral life to be fulfilled in regard
both to married persons and their children. Therefore the general
rule of the state in dealing with marriage should be to secure such
powers as are favourable and withhold such as are not favourable to
the 'consortium omnis vitae.' But in the application of the principle
great difficulties arise. Lunacy may clearly render the 'consortium
omnis vitae' finally impossible; but what kind and degree of lunacy?
If the lunatic may possibly recover, though there is undoubtedly
reason for the separation from husband or wife during lunacy, should
permanent divorce be allowed? If it is allowed, and the lunatic
recovers, a wrong will have been done both to him and to the children
previously born of the marriage. On the other hand, to reserve the
connubial rights of a lunatic of whose recovery there is hope, and
to restore them when he recovers, may involve the wrong of bringing
further children into the world with the taint of lunacy upon them.
Is cruelty to be a ground of divorce, and if so, what amount? There
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