Lectures on the Principles of Political Obligation

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The Lawbook Exchange, Ltd., 2005 - 252 páginas
Reprint of the first edition. Roscoe Pound recommended this book in The Study of American Law for its discussion of legal rights, powers, liberties, privileges and liabilities (38). Green [1836-1882], Professor of Moral Philosophy at Oxford University, was one of the most influential philosophers of the nineteenth and early twentieth centuries. Lectures on the Principles of Political Obligations is his most important work. Its object is to demonstrate, on the basis of his general moral philosophy, the ethical position of the state, in particular the extent to which moral authority is justifiable and obedience to law morally obligatory. Extracted from Volume II of The Works of Thomas Hill Green (1885), it went on to become a standard textbook on political theory in Great Britain and the United States. A durable work, it is still cited today.

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But it does not follow that because the right is on both
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b Another case is where there is no legal way of getting a
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This is equally true of conflicts arising from what are called
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The doctrines which explain political obligation by contract
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It is a farther and difficult question how far the sense of com
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Observe that the idea of an end or function realised by agencies
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As long as power of compulsion is made the essence of
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The principle of natural law then should be to enjoin
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Spinoza however while insisting that man is part of nature
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Subject of the inquiry
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The radical fiction in his theory is that there can be
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Ambiguity of their phrase state of nature They agree
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Locke differs from Hobbes 1 in distinguishing the state
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The difficulty indeed is not so great as that of conceiving
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E Rousseau
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But if sovereign power the aggregate influences which
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But a it need not be the supreme coercive power and b
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modern empires of the East
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The institution of government is not by contract but by
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Similarly to say that the people is sovereign de jure is
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The point to be insisted on is that force has only formed states
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These are private rights divided by Stephen into
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This last is the logical complement of the idea that man as such
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Thus no state as such is absolutely justified in doing a wrong
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The popular indignation against a great criminal is an expres
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Because the state cannot gauge either the one or the other
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When such ignorance and inability are culpable it depends
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Punishment must also be reformatory this being one way
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So too with interference with freedom of contract we must
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The ground is the same as that of the right of life of which
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The latter characteristic would be expressed by German writers
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The capacity for this interest is essential to anything which
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Página 87 - There is often a great deal of difference between the will of all and the general will; the latter considers only the common interest, while the former takes private interest into account, and is no more than a sum of particular wills...
Página 61 - And in him consisteth the essence of the commonwealth; which, to define it, is "one person, of whose acts a great multitude by mutual covenants one with another have made themselves every one the author, to the end he may use the strength and means of them all as he shall think expedient, for their peace and common defence.
Página 94 - Every positive law, or every law simply and strictly so called, is set by a sovereign person, or a sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme.
Página 61 - This is more than consent, or concord; it is a real unity of them all, in one and the same person, made by covenant of every man with every man...
Página 68 - But because no political society can be, nor subsist, without having in itself the power to preserve the property, and in order thereunto, punish the offences of all those of that society; there, and there only is political society, where every one of the members hath quitted this natural power, resigned it up into the hands of the community in all cases that exclude him not from appealing for protection to the law established by it.
Página 79 - To what gross absurdities the following of custom when reason has left it may lead, we may be satisfied when we see the bare name of a town, of which there remains not so much as the ruins, where scarce so much housing as a sheep-cote, or more inhabitants than a shepherd is to be found, sends as many representatives to the grand assembly of law-makers as a whole county numerous in people and powerful in riches. This strangers stand amazed at, and every one must confess needs a remedy.
Página 79 - ... as many representatives to the grand assembly of law-makers as a whole county numerous in people and powerful in riches. This strangers stand amazed at, and every one must confess needs a remedy ; though most think it hard to find one, because the constitution of the legislative being the original and supreme act of the society, antecedent to all positive laws in it, and depending wholly on the people, no inferior power can alter it.
Página 61 - The only way to erect such a common power as may be able to defend them from the invasion of foreigners and the injuries of one another...
Página 94 - ... sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme. Or (changing the expression) it is set by a monarch, or sovereign number, to a person or persons in a state of subjection to its author.
Página 215 - own," that is no propriety, there is no injustice; and where there is no coercive power erected, that is, where there is no commonwealth, there is no propriety, all men having right to all things: therefore where there is no commonwealth, there nothing is unjust. So that the nature of justice consisteth in keeping of valid covenants; but the validity of covenants begins not but with the constitution of a civil power, sufficient to compel men to keep them; and then it is also that propriety begins.

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Born in Birkin, Yorkshire, the son of an Anglican clergyman, Thomas Hill Green entered Balliol College, Oxford, in 1855 and was elected a fellow in 1860. His early efforts at an academic career were unsuccessful, and in 1865--66 he worked on a royal commission investigating the British educational system. He returned to Balliol as a tutor, and when Benjamin Jowett became master in 1870, Green took over many of the college's administrative duties. He was finally elected a professor of moral philosophy in 1878. Throughout his career Green was active in politics as a Liberal, supporting the temperance movement and the local Oxford school system. Green's chief works are his critique of empiricism in his long introduction to his and T. H. Grose's edition of Hume's works (1874) and his Prolegomena to Ethics (published posthumously, 1883). The remainder of his writings, including his lectures on political philosophy, were published in three volumes between 1885 and 1888. Green's interests centered on ethics and political philosophy. He was one of the leading "British idealists," critical of empiricism and naturalism and sympathetic to the metaphysical position of Kant and Hegel (see also Vol. 3).

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