The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
In so far as the political ideas of antiquity were preserved
to modern times otherwise than in the manuscripts of Plato and
Aristotle, the influence which preserved them was that of Roman
Jurisprudence. The Roman rule, though it stereotyped the state of
things in which genuine political function and the spur of freedom
were unknown, had one peculiar gift by which it handed to posterity
the germs of a great conception of human life. This is not the place
to describe at length the origin of that vast practical induction
from the working of the “foreigners’ court” at Rome which obtained
for itself the name of the Law of Nations, and which, as tinged with
ideal theory, was known as the Law of Nature. Whatever fallacies may
be near at hand when “natural right” is named, the conception that
there is in man, as such, something which must be respected, a law
of life which is his “nature,” being indeed another name {11} for
his reason, and in some sense or other a “freedom” and an “equality”
which are his birthright--this conception was not merely a legacy
from Stoic ideas, which had almost a religious inspiration, but was
solidly founded on the judicial experience of the most practical race
that the world has ever seen.
4. In order that the forces which lay hidden in the conception
of Natural Right and Freedom, like the powers of vegetation in a
seed, might unfold themselves in the modern world, it was necessary
that conditions should recur analogous to those which had first
elicited them. And these earlier conditions were those of the Greek
City-state; for it was here, as we have seen, that the conception of
man’s nature had flourished, as the idea of a purposive evolution
into a full and many-sided social life, while in Stoic philosophy and
Roman juristic theory it had become more and more a shibboleth and
a formula which lost in depth of meaning what it gained in range of
application.
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