The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
It may be said, in some exceptional emergency, “but many men are
now starving; ought not the theft of food, on the principle of
prevention, to be now punished with extreme severity, as other wise
it is likely to become common?” Or in general, ought not severity to
increase with {231} temptation or provocation, as a greater deterrent
is needed to counterbalance this? The case in which the temptation or
provocation is exceptional has just been dealt with. But if abnormal
temptation or provocation becomes common, as in a famine, or in some
excited condition of public feeling, then it must be remembered that
not one right only, but the system of rights as such, is what the
State has to maintain. If starvation is common, some readjustment of
rights, or at least some temporary protection of the right to live,
is the remedy indicated, and not, or not solely, increased severity
in dealing with theft. [1] If provocation becomes common, then the
rights of those provoked must be remembered, and the provocation
itself perhaps made punishable, like the singing of faction songs in
Ireland. Punishment is to protect rights, not to encourage wrongs.
[1] Though for the sake of all parties, and to avoid temptation, a
strong policing of threatened districts may be desirable in such
circumstances.
Thus, we have seen the true nature and aims of punishment as
following from the aim of the State in maintaining the system of
rights instrumental to the fullest life. The three main aspects of
punishment which we have considered are really inseparable, and each,
if properly explained, expands so as to include the others.
We may, in conclusion, sum up the whole theory of State action in
the formula which we inherit from Rousseau--that Sovereignty is the
exercise of the General Will.
First. All State action is General in its bearing and justification,
even if particular, or rather {232} concrete, in its details. It
is embodied in a _system_ of rights, and there is no element of it
which is not determined by a bearing upon a public interest. The
verification of this truth, throughout, for example, our English
system of public and private Acts of Parliament, would run parallel
to the logical theory of the Universal Judgment as it passes into
Judgments whose subjects are proper names. But the immediate point is
that no rights are absolute, or detached from the whole, but all have
their warrant in the aim of the whole, which at the same time implies
their adjustment and regulation according to general principles. This
generality of law is practically an immense protection to individuals
against arbitrary interference. It makes every regulation strike a
class and not a single person.
Public-domain text, read in full here on John Shaqi.
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