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
common good, the desire on the part of each which he thinks of others
as sharing, for a good which he conceives to be equally good for
them, that transforms mere 'potentia' into what may fitly be called
'jus,' i.e. a power claiming recognition as exercised or capable of
being exercised for the common good.
[1] Certainly this is so, if we apply to the 'libera multitudo' the
definition of freedom applied to the 'liber homo.' 'Hominem eatenus
_liberum_ omnino voco, quatenus ratione ducitur, quia eatenus ex
causis, quae per solam eius naturam possunt adaequate intelligi,
ad agendum determinatur, tametsi ex iis necessario ad agendum
determinetur. Nam libertas agendi necessitatem non tollit, sed
ponit'(II. 11).
37. If this qualification of 'potentia' which alone renders it 'jus'
had been apprehended by Spinoza, he would have been entitled to speak
of a 'jus naturale' as preceding the 'jus civile,' i.e. of claims to
the recognition of powers and the actual customary recognition of
such, as exercised for a common good, preceding the establishment of
any regular institutions or general laws for securing their exercise.
As it is, the term 'jus naturale' is with him really unmeaning. If it
means no more than 'potentia,' why call it 'jus'? 'Jus' might have
a meaning distinct from that of 'potentia' in the sense of a power
which a certain 'imperium' enables one man to exercise as against
another. This is what Spinoza understands by 'jus civile.' But there
is no need to qualify it as 'civile,' unless 'jus' may be employed
with some other qualification and with a distinctive meaning. But
the 'jus naturale,' as he understands it, has no meaning other than
that of 'potentia,' and his theory as it stands would have been more
clearly expressed if instead of 'jus naturale' and 'jus civile' he
had spoken of 'potentia' and 'jus,' explaining that the latter was a
power on the part of one man against others, maintained by means of
an 'imperium' which itself results from a combination of 'powers.'
He himself in one passage shows a consciousness of the impropriety
of speaking of 'jus' except with reference to a community; 'jus
naturae, quod humani generis proprium est, vix posse concipi, nisi
ubi homines jura habent communia, qui simul terras, quas habitare
et colere possunt, sibi vindicare, seseque munire, vimque omnem
repellere et ex communi omnium sententia vivere possunt' (II. 15). He
takes no notice, however, of any forms of community more primitive
than that of the state. The division into the 'status naturalis'
and the 'status civilis' he seems to treat as exhaustive, and the
'status naturalis' he regards, after the manner of his time, as one
of pure individualism, of simple detachment of man from man, or of
detachment only modified by conflict. From such a 'status naturalis,'
lacking both the natural and the rational principles of social
development (the natural principle, i.e. the interest in others
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account