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
anzusehen.'
12. Before proceeding, some remarks have to be made as to what is
implied in these principles, _(a)_ Does the law, or is it possible
that it should, confine its view to external acts? What exactly is
meant by an external act? In the case of obligations which I am
legally punishable for disregarding, the law, in deciding whether
punishment is or is not due, takes account of much beside the
external act; and this implies that much beside external action
is involved in legal obligation. In the case where the person or
property of another is damaged by me, the law does not inquire
merely whether the act of damage was done, and done by means of my
bodily members, but whether it was done intentionally: and if not
done with the direct intention of inflicting the damage, whether
the damage arose in a manner that might have been foreseen out of
something which I did intend to do: whether, again, if it was done
quite accidentally the accident was due to culpable negligence. This,
however, does not show that the law can enforce or prevent anything
but external action, but only that it is _action_ which it seeks to
enforce or prevent, for without intention there is no action. We talk
indeed of a man acting against his will, but if this means acting
against intention it is what it is impossible to do. What I call an
act done against my will is either (1) an act done by someone else
using my body, through superior force, as a means: in which case
there is an act, but it is not mine (e.g. if another uses my hand
to pull the trigger of a gun by which someone is shot); or (2) a
natural event in which my limbs are affected in a certain way which
causes certain results to another person (e.g. if the rolling of a
ship throws me against another person who is thus thrown into the
water); or (3) an act which I do under the influence of some strong
inducement (e.g. the fear of death), but which is contrary to some
strong wish. In this case the act is mine, but mine because I intend
it; because it is not against my will as = intention. In saying,
then, that the proper, because the only possible, function of law is
to enforce the performance of or abstinence from external actions,
it is implied that its function is to produce or prevent certain
intentions, for without intention on the part of someone there is no
act.
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