The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
“Each will receives its proper share, if each has that
which more particularly concerns it. To individuality
should belong the part of life in which it is chiefly the
individual that is interested; to society, the part which
chiefly interests society.”
Every one who lives in society, he continues in effect, is bound
not to interfere with certain interests of others (explicitly or
implicitly constituted as “rights”), and is bound to take his fair
share of the sacrifices incurred for the defence of society and
its members. These conditions society may enforce, at all costs to
recalcitrants. Further, it may punish by opinion, though not by law,
acts hurtful to others, but not going so far as to violate their
rights. But acts which affect only the agent, or need not affect
others unless they like, may be punished, we are given to understand,
neither by law nor by opinion. Mill expects his conclusions to be
disputed, and the following is the conclusion of the passage in which
he explains and re-affirms it:
“... when a person disables himself, by conduct purely
self-regarding, from the performance of some definite
duty incumbent on him to the public, he is guilty of
a social {63} offence. No person ought to be punished
simply for being drunk; but a soldier or policeman should
be punished for being drunk on duty. Wherever, in short,
there is a definite damage, or a definite risk of damage
either to an individual or to the _public, the case is
taken out of the province of liberty, and placed in that
of morality or law_.” [1]
[1] Italics are mine.
It will probably occur at once to the reader that, considered as a
practical rule, the view here maintained would by no means curtail
unduly the province of social interference. We should rather
anticipate that it would leave an easy opening for a transition
from administrative nihilism to administrative absolutism; and some
such transition seems to have taken place in Mill’s later views.
This tendency to a complete _bouleversement_ is the characteristic
of all conceptions which proceed by assigning different areas to
the several factors of an inseparable whole, which then reasserts
itself in its wholeness within the area of either factor to which
we may happen to attend. Indeed, even in the passage before us, the
defence of individuality has already well-nigh turned round into
its annihilation. Every act that carries a definite damage to any
other person belongs to the sphere of law, and every act that can
be supposed likely to cause such a damage, to that of morality; and
individuality has what is left. The extraordinary demarcation between
the sphere of morality and that of liberty is to be accounted for,
no doubt, by the Benthamite tradition which identified the moral and
social sanctions; so that in this usage the sphere of morality means
much the same as what, {64} in the first passage referred to, was
indicated as the sphere of opinion.
Public-domain text, read in full here on John Shaqi.
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