The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
Thus, the distinction of self and others, which we refused to take
as the basis of society, makes itself prominent in the region of
compulsion. The reason is that compulsion is confined to hindering
or producing external acts, and is excluded from producing an act in
its relation to a moral end, that is, the exercise of a right in its
true sense; though it can enforce an act which in fact favours the
possibility of acting towards a moral end that is, an obligation.
This is the same thing as saying that normally a right is what _I_
claim, and the obligation relative to it is what _you_ owe; as an
obligation is that which can be enforced, and that is an act or
omission apart from the willing of an end; and a right involves what
cannot be enforced, viz., the relation of an act to an end in a
person’s will. But even here the distinction of self and others is
hardly ultimate. The obligation on me to maintain my parents becomes
almost a right [1] if I claim the task as {208} a privilege. And
many rights of my position may actually be erected into, or more
commonly may give rise to, obligations incumbent on me for the sake
of my position or function. If the exercise of the franchise were
made compulsory that would be a right treated also as an obligation;
but it might be urged that _qua_ obligation it was held due to the
position of others, and only _qua_ right to my own “position.” But if
the law interferes with my poisoning myself [2] either by drains or
with alcohol, that, I presume, is the enforcement of an obligation
arising out of my own position and function as a man and a citizen,
which makes reasonable care for my life imperative upon me.
[1] I do not know that I can compel my parents to be maintained by
me, and therefore it is not my legal right to maintain them; but at
least the obligation, if I claim it, ceases to depend on force. An
East-End Londoner will say, “He had a right to maintain his father,”
meaning that he was bound to do so; and Jeannie Deans says, “I have
no right to have stories told about my family without my consent,”
representing her own claim as an obligation on herself as well as
on others. She represents the thought, “I have a right that you
should not tell stories, etc.,” in a form which puts it as a case of
the thought, “You have no right to tell stories,” disregarding the
distinction between herself and others as accidental.
[2] The law used to interfere with bad sanitation only as a
“nuisance,” _i.e._ as an annoyance to “others.” It now interferes
with any state of things dangerous to life as such, which probably
means that a change of theory has unconsciously set in. Legislation
for dangerous trades almost proves the point, though here it is
possible to urge that the employer is put under obligation for the
sake of his workers, and not the workers for their own sake. But the
distinction is hardly real.
Public-domain text, read in full here on John Shaqi.
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