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
9. No one would seriously maintain that the system of rights and
obligations, as it is anywhere enforced by law,--the 'jus' or 'Recht'
of any nation--is all that it ought to be. Even Hobbes holds that
a law, though it cannot be unjust, may be pernicious. But there
has been much objection to the admission of _natural_ rights and
obligations. At any rate the phrase is liable to misinterpretation.
It may be taken to imply that rights and obligations can exist in a
'state of nature'--a state in which every individual is free to do as
he likes--; that legal rights and obligations derive their authority
from a voluntary act by which individuals contracted themselves
out of this state; and that the individual retains from the state
of nature certain rights with which no legal obligations ought to
conflict. Such a doctrine is generally admitted to be untenable; but
it does not follow from this that there is not a true and important
sense in which natural rights and obligations exist,--the same sense
as that in which duties may be said to exist though unfulfilled.
There is a system of rights and obligations which _should be_
maintained by law, whether it is so or not, and which may properly be
called 'natural'; not in the sense in which the term 'natural' would
imply that such a system ever did exist or could exist independently
of force exercised by society over individuals, but 'natural' because
necessary to the end which it is the vocation of human society to
realise.
10. The 'jus naturae,' thus understood, is at once distinguished from
the sphere of moral duty, and relative to it. It is distinguished
from it because admitting of enforcement by law. Moral duties do not
admit of being so enforced. The question sometimes put, whether moral
duties should be enforced by law, is really an unmeaning one; for
they simply cannot be enforced. They are duties to act, it is true,
and an act can be enforced: but they are duties to act from certain
dispositions and with certain motives, and these cannot be enforced.
Nay, the enforcement of an outward act, the moral character of which
depends on a certain motive and disposition, may often contribute to
render that motive and disposition impossible: and from this fact
arises a limitation to the proper province of law in enforcing acts,
which will have to be further considered below. When obligations
then are spoken of in this connection, as part of the 'jus naturae'
correlative to rights, they must always be understood not as moral
duties, not as relative to states of will, but as relative to
outward acts, of which the performance or omission can and should
be enforced. There is a moral duty to discharge such obligations,
and to do so in a certain spirit, but the obligation is such as that
with which law has to do or may have to do, is relative to an outward
act merely, and does not amount to a moral duty. There is a moral
duty in regard to obligations, but there can be no obligation in
regard to moral duties.
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