The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
[1] This is a right in the fullest sense. The nature of a merely
legal or merely moral right will be illustrated below.
Its peculiar position follows from what we have seen to be the end
of the State, and the means at its disposal. The end of the State
is a moral purpose, imperative on its members. But its distinctive
action is restricted to removing hindrances to the end, that is,
to lending its force to overcome--both in mind and in externals
essential to mind--obstacles which otherwise would obstruct the
realisation of the end. The whole of the conditions thus enforced
is the whole of “rights” attaching to the selves, who, standing in
definite relations, constitute the community. For it is in these
selves that the end of the State is real, and it is by maintaining
and regulating their claims to the removal of obstructions that the
State is able to promote the end for which it exists. Rights then are
claims recognised by the State, _i.e._ by Society acting as ultimate
authority, to the maintenance of conditions favourable to the best
life. And if we ask in general for a definition and limitation of
State action as such, the answer is, in a simple {203} phrase, that
State action is coincident with the maintenance of rights.
The system of rights which the State maintains may be regarded from
different points of view.
First, _(a)_ from the point of view of the whole community, that is,
as the general result in the promotion of good life obtained by the
working of a free Society, as a statesman or outside critic might
regard it. Thus looked at, the system of rights may be described
as “the organic whole of the outward conditions necessary to the
rational life,” or “that which is really necessary to the maintenance
of material conditions essential to the existence and perfection of
human personality.” [1] This point of view is essential as a full
contradiction of that uncritical conception by which rights are
regarded as something with which the individual is invested in his
aspect of isolation, and independently of his relation to the end.
It forces us away from this false particularisation, and compels us
to consider the whole State-maintained order in its connectedness as
a single expression of a common good or will, in so far as such a
good can find utterance in a system of external acts and habits. And
it enables us to weigh the value which belongs to the maintenance of
any tolerable social order, simply because it is an order, and so
far enables life to be lived, and a determinate, if limited, common
good to be realised. From other points of view we are apt to neglect
this characteristic, and to forget {204} how great is the effect,
for the possibilities of life throughout, of the mere fact that a
social order exists. Hegel observes that a man thinks it a matter of
course that he goes back to his house after night-fall in security.
He does not reflect to what he owes it. Yet this very naturalness, so
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