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
21. The doctrine here asserted, that all rights are relative to moral
ends or duties, must not be confused with the ordinary statement
that every right implies a duty, or that rights and duties are
correlative. This of course is true in the sense that possession
of a right by any person both implies an obligation on the part of
someone else, and is conditional upon the recognition of certain
obligations on the part of the person possessing it. But what is
meant is something different, viz. that the claim or right of the
individual to have certain powers secured to him by society, and
the counter-claim of society to exercise certain powers over the
individual, alike rest on the fact that these powers are necessary to
the fulfilment of man's vocation as a moral being, to an effectual
self-devotion to the work of developing the perfect character in
himself and others.
22. This, however, is not the ground on which the claim in question
has generally been asserted. Apart from the utilitarian theory, which
first began to be applied politically by Hume, the ordinary way of
justifying the civil rights of individuals (i.e. the powers secured
to them by law as against each other), as well as the rights of the
state against individuals (i.e. the powers which, with the general
approval of society, it exercises against them), has been to deduce
them from certain supposed prior rights, called natural rights. In
the exercise of these natural rights, it has been supposed, men with
a view to their general interest established political society.
From that establishment is derived both the system of rights and
obligations maintained by law as between man and man, and the right
of the state to the submission of its subjects. If the question,
then, is raised, why I ought to respect the legal rights of my
neighbours, to pay taxes, or have my children vaccinated, serve in
the army if the state requires it, and generally submit to the law,
the answer according to this theory will be that if I fail to do
so, I shall directly or indirectly be violating the natural rights
of other men; directly in those cases where the legal rights of my
neighbours are also natural rights, as they very well may be (e.g.
rights of liberty or personal safety); indirectly where this is not
the case, because, although the rights of the state itself are not
natural, and many rights exercised by individuals would not only
not be secured but would not exist at all but for legal enactment,
yet the state itself results from a covenant which originally, in
the exercise of their natural rights, men made with each other,
and to which all born under the state and sharing the advantages
derived from it must be considered parties. There is a natural right,
therefore, on the part of each member of a state to have this compact
observed, with a corresponding obligation to observe it; and this
natural right of all is violated by any individual who refuses to
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