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
arising primarily from family ties, and the rational principle, i.e.
the power of conceiving a good consisting in the more perfect being
of the individual and of those in whom he is interested), no process
could be traced to the 'status civilis.' The two 'status' stand over
against each other with an impassable gulf between. 'Homines civiles
non nascuntur, sed fiunt.' They are so made, he seems to hold, by
the action of the 'imperium' upon them. But how is the 'imperium'
to be made? Men must first be, if not 'civiles,' yet something very
different from what they are in the 'status naturalis,' between which
and the 'status civilis' Spinoza recognises no middle term, before
any 'imperium' which could render them 'civiles' could be possible.
38. The cardinal error of Spinoza's 'Politik' is the admission of the
possibility of a right in the individual apart from life in society,
apart from the recognition by members of a society of a correlative
claim upon and duty to each other, as all interested in one and the
same good. The error was the error of his time, but with Spinoza it
was confirmed by his rejection of final causes. The true conception
of 'right' depends on the conception of the individual as being
what be really is in virtue of a function which he has to fulfil
relatively to a certain end, that end being the common well-being
of a society. A 'right' is an ideal attribute ('ideal' in the sense
of not being sensibly verifiable, not reducible to any perceivable
fact or facts) which the individual possesses so far as this function
is in some measure freely fulfilled by him--i.e. fulfilled with
reference to or for the sake of the end--and so far as the ability
to fulfil it is secured to him through its being recognised by the
society as properly belonging to him. The essence of right lies in
its being not simply a power producing sensible effects, but a power
relative to an insensible function and belonging to individuals only
in so far as each recognises that function in himself and others. It
is not in so far as I _can_ do this or that, that I have a right to
do this or that, but so far as I recognise myself and am recognised
by others as able to do this or that for the sake of a common good,
or so far as in the consciousness of myself and others I have a
function relative to this end. Spinoza, however, objects to regard
anything as determined by relation to a final cause. He was not
disposed therefore to regard individuals as being what they are in
virtue of functions relative to the life of society, still less as
being what they are in virtue of the recognition by each of such
functions in himself and others. He looked upon man, like everything
else in nature, as determined by material and efficient causes, and
as himself a material and efficient cause. But as such he has no
'rights' or 'duties,' but only 'powers.'
Public-domain text, read in full here on John Shaqi.
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