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

142. i.e. as they derive their rights from their membership in the

state, they have no right to disobey the law unless it be for the

interest of the state

143. And even then only if the law violates some interest which is

_implicitly acknowledged_ by the conscience of the community

144. It is a farther question when the attempt to get a law repealed

should be exchanged for active resistance to it

145. e.g. should a slave be befriended against the law? The slave has

as a man certain rights which the state cannot extinguish, and by

denying which it forfeits its claim upon him

146. And it may be held that the claim of the slave upon the citizen,

as a man, overrides the claim of the state upon him, as a citizen

147. Even here, however, the law ought to be obeyed, supposing that

its violation tended to bring about general anarchy.

Lectures on the Principles of Political Obligation Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard Bosanquet · 第 23 / 48 题