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 that this distinction between public and private acts
leads to the casuistry of pure intention. We are saying, it will be
urged, that the State remains pure, because its will is on the whole
towards a public interest, whatever crimes its agents may commit.
And, no doubt, this line is often taken in practice. A successful
agent finds his evil deeds are winked at; an unsuccessful one is
disavowed. In either case the State pleads innocence. But this danger
cannot alter the conditions of a moral action, and we cannot impute
that as an action to the State, of which it knew no particulars,
which it never {324} willed, and which can hardly indeed be the
object of a public will. It has a duty to see to the character of its
agents and punish their excesses; but the conditions under which it
is true that _qui facit per alium facit per se_, can seldom apply to
a public body with regard to actions of its agent which are not of a
nature to embody public ends.
Promises and treaties, however, are acts which embody public ends.
And here the State, on its side, is bound to maintain good faith; but
still its agent is likely to go wrong if he mixes up the obligations
of the State with his private honour. The question for him, if he
has to keep or break a public undertaking, is, to what is the State
substantially bound, not to what extent would he be bound if he had
made the promise or engagement in question in his private capacity?
He, or the power which is to act, must consider the obligations and
aims of the State, as a whole, and work for the best fulfilment of
them as a whole. The question may be _parallel to_ that of a private
case of honour, but it is not _his_ honour nor _his_ promise that is
in question. Just so, if he introduces his private conscience about
religion or morality into his public acts on behalf of the State,
he may cause frightful persecutions or disasters. The religious
persecutions, and our position in India, supply examples.
The State, then, exists to promote good life, and what it does cannot
be morally indifferent; but its actions cannot be identified with
the deeds of its agents, or morally judged as private volitions
are judged. Its acts proper are always public acts, {325} and it
cannot, as a State, act within the relations of private life in which
organised morality exists. It has no determinate function in a larger
community, but is itself the supreme community; the guardian of a
whole moral world, but not a factor within an organised moral world.
Moral relations presuppose an organised life; but such a life is
only within the State, not in relations between the State and other
communities.
But all this, it may be urged, is beside the question. The question
is not, can a State be a moral individual (though this is certainly
one question)? but, does an interest of State justify what would
otherwise be immorality or wrong-doing on the part of an officer of
State?
Public-domain text, read in full here on John Shaqi.
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