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
33. From which it follows that the 'right' of the state against its
individual members is only limited by its 'power'
34. And the same principle applies to the relations of one state to
other states
35. But, according to Spinoza, though everything is 'lawful' for the
state, everything is not 'best,' and the 'best' state is that which
secures a life of 'peace,' i.e. rational virtue or perfection
36. This conclusion does not seem consistent with his starting-point,
according to which men are 'naturally enemies'
37. From such a 'status naturalis' there is no possible transition to
the 'status civilis,' and the phrase '_jus_ naturae' remains unmeaning
38. Spinoza's error of regarding 'rights' as possible apart from
society was confirmed by his denial of final causes
39. It was just because Plato and Aristotle regarded man as finding
his end in the end of the state, that they founded a true theory of
rights
40. Spinoza, however, while insisting that man is 'part of nature,'
yet places his 'good' in understanding nature and so acquiring a new
character
41. In thus recognising the idea of perfection as a determinant of
life, he really recognises an operative final cause, though without
seeing its bearing on the theory of right.
C. _Hobbes._
42. Hobbes differs from Spinoza in regarding the right of the
sovereign, not as limited by his power, but as absolute
43. Statement of his doctrine
44. He uses 'person,' as in Roman law, for either (1) a complex of
rights, or (2) the subject of those rights
45. Though by his theory the sovereign may be one or many, and
sovereignty is transferable by the act of a majority, he tacitly
vindicates the absolute right of a _de facto_ monarchy
46. The radical fiction in his theory is that there can be any
'right' _after_ the institution of sovereignty, if (as he holds)
there is none before it
47. To justify his doctrine of absolute submission he has to assume a
'law of nature' which binds men to keep covenant, while yet he holds
the 'law of nature' to be mere 'power' and covenants to be only valid
under an _imperium,_
48. His 'contract' can confer none but natural right, and that is
either not a right at all, or (if it is) it belongs to all men,
subject and sovereign alike
49. The real flaw in the theory of contract is not that it is
unhistorical, but that it implies the possibility of rights and
obligations independently of society
50. Though it has not been popularly accepted as regards the rights
of sovereigns over subjects, the behaviour of individuals to society
is to a groat extent practically determined by it.
D. _Locke._
51. The development of this latter side of it is peculiarly due to
Rousseau, but Locke, Hooker, and Grotius have essentially the same
conception: Spinoza alone differs
52. Ambiguity of their phrase 'state of nature.' They agree in
treating it as the negation of the 'political state.' But if so,
contract would be impossible in it
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