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
24. Thus, though it may be possible and useful to show how the more
seemingly artificial rights are derived from rights more simple and
elementary, how the rights established by law in a political society
are derived from rights that may be called natural, not in the
sense of being prior to society, but in the sense of being prior to
the existence of a society governed by written law or a recognised
sovereign, still such derivation is no justification of them. It is
no answer to the question why they should be respected; because this
question remains to be asked in regard to the most primitive rights
themselves. Political or civil rights, then, are not to be explained
by derivation from natural rights, but in regard to both political
and natural rights, in any sense in which there can be truly said
to be natural rights, the question has to be asked, how it is that
certain powers are recognised by men in their intercourse with each
other as powers that should be exercised, or of which the possible
exercise should be secured.
25. I have tried to show in lectures on morals that the conception
expressed by the 'should be' is not identical with the conception of
a right possessed by some man or men, but one from which the latter
conception is derived. It is, or implies on the part of whoever is
capable of it, the conception of an ideal, unattained condition of
himself, as an absolute end. Without this conception the recognition
of a power as a right would be impossible. A power on the part of
anyone is so recognised by others, as one which should be exercised,
when these others regard it as in some way a means to that ideal
good of themselves which they alike conceive: and the possessor of
the power comes to regard it as a right through consciousness of
its being thus recognised as contributory to a good in which he too
is interested. No one therefore can have a right except (1) as a
member of a society, and (2) of a society in which some common good
is recognised by the members of the society as their own ideal good,
as that which should be for each of them. The capacity for being
determined by a good so recognised is what constitutes personality
in the ethical sense; and for this reason there is truth in saying
that only among persons, in the ethical sense, can there come to be
rights; (which is quite compatible with the fact that the logical
disentanglement of the conception of rights precedes that of the
conception of the legal person; and that the conception of the moral
person, in its abstract and logical form, is not arrived at till
after that of the legal person).
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