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
7. The value then of the institutions of civil life lies in their
operation as giving reality to these capacities of will and reason,
and enabling them to be really exercised. In their general effect,
apart from particular aberrations, they render it possible for a
man to be freely determined by the idea of a possible satisfaction
of himself, instead of being driven this way and that by external
forces, and thus they give reality to the capacity called will:
and they enable him to realise his reason, i.e. his idea of
self-perfection, by acting as a member of a social organisation in
which each contributes to the better-being of all the rest. So far
as they do in fact thus operate they are morally justified, and may
be said to correspond to the 'law of nature,' the _jus naturae_,
according to the only sense in which that phrase can be intelligibly
used.
8. There has been much controversy as to what the _jus naturae_
('Naturrecht') really is, or whether there is such a thing at all.
And the controversy, when it comes to be dealt with in English, is
further embarrassed by the fact that we have no one term to represent
the full meaning of 'jus' or 'Recht,' as a system of correlative
rights and obligations, actually enforced or that should be enforced
by law. But the essential questions are: (1) whether we are entitled
to distinguish the rights and obligations which are anywhere actually
enforced by law from rights and obligations which really exist though
not enforced; and (2), if we are entitled to do so, what is to be
our criterion of rights and obligations which are really valid, in
distinction from those that are actually enforced.
Public-domain text, read in full here on John Shaqi.
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