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
13. But if an act necessarily includes intention, what is the nature
of the restriction implied in calling it external? An external action
is a determination of will as exhibited in certain motions of the
bodily members which produce certain effects in the material world;
not a determination of the will as arising from certain motives
and a certain disposition. All that the law can do is to enjoin or
forbid determinations of will as exhibited in such motions, &c. It
does indeed present a motive, for it enforces its injunctions and
prohibitions primarily by fear, by its threat of certain consequences
if its commands are disobeyed. This enforcement is not an exercise
of physical force in the strict sense, for in this sense no force
can produce an action, since it cannot produce a determination of
will; and the only way in which the law or its administrators employ
such force is not in the production but in the prevention of action
(as when a criminal is locked up or the police prevent mischievous
persons from assaulting us or breaking into our houses). But though,
in enforcing its commands by threats, the law is presenting a motive,
and thus, according to our distinction, affecting action on its
inner side, it does this solely for the sake of the external act. It
does not regard the relation of the act to the motive fear as of any
intrinsic importance. If the action is performed without this motive
ever coming into play under the influence of what the moralist counts
higher motives, the purpose of the law is equally satisfied. Indeed,
it is always understood that its purpose is most thoroughly served
when the threat of pains and penalties has ceased to be necessary,
and the obligations correlative to the relations of individuals and
of societies are fulfilled from other motives. Its business is to
maintain certain conditions of life--to see that certain actions are
done which are necessary to the maintenance of those conditions,
others omitted which would interfere with them. It has nothing to do
with the motive of the actions or omissions, on which, however, the
moral value of them depends.
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