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
obey the law of the state or to respect the rights, not in themselves
natural, which the state confers on individuals.
23. This, on the whole, was the form in which the ground of political
obligation, the justification of established rights, was presented
throughout the seventeenth century, and in the eighteenth till the
rise of the 'utilitarian' theory of obligation. Special adaptations
of it were made by Hobbes and others. In Hobbes, perhaps (of whom
more later), may be found an effort to fit an anticipation of the
utilitarian theory of political obligation into the received theory
which traced political obligation, by means of the supposition of
a primitive contract, to an origin in natural right. But in him as
much as anyone the language and framework of the theory of compact
is retained, even if an alien doctrine may be read between the
lines. Of the utilitarian theory of political obligation more shall
be said later. It may be presented in a form in which it would
scarcely be distinguishable from the doctrine just now stated, the
doctrine, viz., that the ground of political obligation, the reason
why certain powers should be recognised as belonging to the state
and certain other powers as secured by the state to individuals,
lies in 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. Utilitarianism proper, however, recognises no vocation of
man but the attainment of pleasure and avoidance of pain. The only
reason why civil rights should be respected--the only justification
of them--according to it, would be that more pleasure is attained
or pain avoided by the general respect for them; the ground of our
consciousness that we ought to respect them, in other words their
ultimate sanction, is the fear of what the consequences would be if
we did not. This theory and that which I deem true have one negative
point in common. They do not seek the ground of actual rights in a
prior natural right, but in an end to which the maintenance of the
rights contributes. They avoid the mistake of identifying the inquiry
into the ultimate justifiability of actual rights with the question
whether there is a prior right to the possession of them. The right
to the possession of them, if properly so called, would not be a
mere power, but a power recognised by a society as one which should
exist. This recognition of a power, in some way or other, as that
which should be, is always necessary to render it a right. Therefore
when we had shown that the rights exercised in political society were
derived from prior 'natural' rights, a question would still remain
as to the ground of those natural rights. We should have to ask why
certain powers were recognised as powers which should be exercised,
and thus became these natural rights.
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