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
16. We distinguish, then, the system of rights actually maintained
and obligations actually enforced by legal sanctions ('Recht' or
'jus') from the system of relations and obligations which _should be_
maintained by such sanctions ('Naturrecht'); and we hold that those
actions or omissions should be made obligations which, when made
obligations, serve a certain moral end; that this end is the ground
or justification or rationale of legal obligation; and that thus we
obtain a general rule, of both positive and negative application, in
regard to the proper matter or content of legal obligation. For since
the end consists in action proceeding from a certain disposition,
and since action done from apprehension of legal consequences does
not proceed from that disposition, no action should be enjoined or
prohibited by law of which the injunction or prohibition interferes
with actions proceeding from that disposition, and every action
should be so enjoined of which the performance is found to produce
conditions favourable to action proceeding from that disposition, and
of which the legal injunction does not interfere with such action.
17. Does this general rule give any real guidance in the difficulties
which practically arise in regard to the province of law--as to
what should be required by law, and what left to the inclination of
individuals? What cases are there or have there been of enactments
which on this principle we can pronounce wrong? Have attempts ever
been made by law to enforce acts as virtuous which lose their virtue
when done under fear of legal penalties? It would be difficult, no
doubt, to find instances of attempts to enforce by law actions of
which we should say that the value lies in the disposition from which
they are done, actions, e.g. of disinterested kindness, because the
clear conception of virtue as depending not on outward results,
but on disposition, is but slowly arrived at, and has never been
reflected in law. But without any strictly moral object at all, laws
have been made which check the development of the moral disposition.
This has been done _(a)_ by legal requirements of religious
observance and profession of belief, which have tended to vitiate the
religious source of morality; _(b)_ by prohibitions and restraints,
unnecessary, or which have ceased to be necessary, for maintaining
the social conditions of the moral life, and which interfere with the
growth of self-reliance, with the formation of a manly conscience and
sense of moral dignity,--in short, with the moral autonomy which is
the condition of the highest goodness; _(c)_ by legal institutions
which take away the occasion for the exercise of certain moral
virtues (e.g. the Poor-law which takes away the occasion for the
exercise of parental forethought, filial reverence, and neighbourly
kindness).
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