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
of men combined; 'multitudinis quae una veluti mente ducitur' (III.
2). Thus in the 'status civilis' the 'jus naturae' of the individual
in one sense disappears, in another does not. It disappears in the
sense that the individual member of the state has no mind to act or
power to act against the mind of the state. Anyone who had such mind
or power would not be a member of the state. He would be an enemy
against whose 'potentia' the state must measure its own. On the other
hand, 'in statu civili,' just as much as 'in statu naturali,' 'homo
ex legibus suae naturae agit suaeque utilitati consulit' (3). He
exercises his 'naturalis potentia' for some natural end of satisfying
his wants and preserving his life as he did or would do outside the
'status civilis.' Only in the 'status civilis' these motives on the
part of individuals so far coincide as to form the 'una veluti mens'
which directs the 'multitudinis potentia.' According to this view,
any member of a state will have just so much 'jus,' i.e. 'potentia,'
against other members as the state allows him. If he can exercise
any 'jus' or 'potentia' against another 'ex suo ingenio,' he is so
far not a member of the state and the state is so far imperfect. If
he could exercise any 'jus' or 'potentia' against the state itself,
there would be no state, or, which is the same, the state would not
be 'sui juris.'
[1] [Many of the Latin passages quoted in this chapter are translated
in Bosanquet's Supplement. Tr]
33. Is there then no limit to the 'jus' which the state may exercise?
With Spinoza this is equivalent to the question, is there no limit to
the 'potentia' which it can exercise? As to this, he suggests three
considerations.
(1). Its power is weakened by any action against right reason,
because this must weaken the 'animorum unio' on which it is founded.
'Civitatis jus potentia multitudinis, quae una veluti mente ducitur,
determinatur. At haec animorum unio concipi nulla ratione posset,
nisi civitas id ipsum maxime intendat, quod sana ratio omnibus
hominibus utile esse docet' (III. 7).
(2). The 'right' or 'power' of the state depends on its power of
affecting the hopes and fears of individual citizens.... 'Subditi
eatenus non sui, sed civitatis juris sint, quatenus ejus potentiam
seu minas metuunt, vel quatenus statum civilem amant (per art. 10
praeced. cap.). Ex quo sequitur, quod ea omnia, ad quse agenda nemo
praemiis aut minis induci potest, ad jura civitatis non pertineant'
(III. 8). Whatever cannot be achieved by rewards and threats, is
beyond the power and therefore beyond the 'right' of the state.
Examples are given in the same section.
(3). 'Ad civitatis jus ea minus pertinere, quae plurimi indignantur'
(III. 9). Severities of a certain kind lead to conspiracies against
the state, and thus weaken it. 'Sicut unusquisque civis sive homo
in statu naturali, sic civitas eo minus sui juris est, quo majorem
timendi causam habet.'
Public-domain text, read in full here on John Shaqi.
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