Читать книгу Lectures on the Principles of Political Obligation. Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard Bosanquet онлайн

23 страница из 85

136. The point to be insisted on is that force has only formed states so far as it has operated in and through a pre-existing medium of political, tribal, or family 'rights'.

H. Has the citizen rights against the state?

137. As long as power of compulsion is made the essence of the state, political obligation cannot be explained either by the theory of 'consent,' or by that which derives all right from the sovereign

138. The state presupposes rights, rights which may be said to belong to the 'individual' if this mean 'one of a society of individuals'

139. A right may be analysed into a claim of the individual upon society and a power conceded to him by society, but really the claim and the concession are sides of one and the same common consciousness

140. Such common consciousness of interests is the ground of the 'natural right' of slaves and of the members of other states

141. But though in this way there may be rights outside the state, the members of a state derive the rights which they have as members of other associations from the state, and have no rights against it