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
27. In saying that only among 'persons' can there come to be rights,
and that every 'person' should have rights, I have been careful to
explain that I use 'person' in the moral, not merely in the legal,
sense. In dealing, then, with such phrases as 'jura personarum'
and 'personal rights,' we must keep in view the difference between
the legal and ethical sense of the proposition that all rights are
personal, or subsist as between persons. In the legal sense, so far
as it is true,--and it is so only if 'person' is used in the sense
of Roman law,--it is an identical proposition. A person means a
subject of rights and nothing more. Legal personality is derived
from the possession of right, not _vice versa_. Like other identical
propositions, its use is to bring out and emphasise in the predicate
what is included in the understood connotation of the subject; to
remind us that when we speak of rights we imply the existence of
parties, in English phraseology, capable of suing and being sued.
In the ethical sense, it means that rights are derived from the
possession of personality as = a rational will (i.e. the capacity
which man possesses of being determined to action by the conception
of such a perfection of his being as involves the perfection of a
society in which he lives), in the sense _(a)_ that only among beings
possessed of rational will can there come to be rights, _(b)_ that
they fulfil their idea, or are justifiable, or such rights as should
be rights, only as contributing to the realisation of a rational
will. It is important to bear this distinction in mind in order that
the proposition in its ethical sense, which can stand on its own
merits, may not derive apparent confirmation from a juristic truism.
Public-domain text, read in full here on John Shaqi.
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