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
14. It appears, then, that legal obligations--obligations which can
possibly form the subject of positive law--can only be obligations to
do or abstain from certain acts, not duties of acting from certain
motives, or with a certain disposition. It is not a question whether
the law should or should not oblige to anything but performance of
outward acts. It simply cannot oblige to anything else, because the
only means at its command for obtaining the fulfilment of obligations
are (1) threats of pain and offers of reward, by means of which it is
possible indeed to secure the general performance of certain acts,
but not their performance from the motive even of fear of the pain
threatened or hope of the reward offered, much less from any higher
motive; (2) the employment of physical force, _(a)_ in restraining
men disposed to violate obligations, _(b)_ in forcibly applying the
labour or the property of those who violate obligations to make good
the breach, so far as is possible: (as, e.g., when the magistrate
forestalls part of a man's wages to provide for a wife whom he has
deserted, or when the property of a debtor is seized for the benefit
of his creditors.)
15. Only outward acts, then, _can_ be matter of legal obligation; but
what sort of outward acts _should_ be matter of legal obligation?
The answer to this question arises out of the above consideration of
the means which law employs to obtain the fulfilment of obligations,
combined with the view of law as relative to a moral end, i.e. the
formation of a society of persons, acting from a certain disposition,
from interest in the society as such. Those acts only should be
matter of legal injunction or prohibition of which the performance or
omission, irrespectively of the motive from which it proceeds, is so
necessary to the existence of a society in which the moral end stated
can be realised, that it is better for them to be done or omitted
from that unworthy motive which consists in fear or hope of legal
consequences than not to be done at all.
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