I. _Private rights. The right to life and liberty._

148. There are rights which men have as members of associations,

which come to be comprised in the state, but which also exist

independently of it

149. These are 'private' rights, divided by Stephen into _(a)_

personal, _(b)_ rights of property, _(c)_ rights in private relations

150. _All_ rights are 'personal'; but as a man's body is the

condition of his exercising rights at all, the rights of it may be

called 'personal' in a special sense

151. The right of 'life and liberty' (better, of 'free life'), being

based on capacity for society, belongs _in principle_ to man as man,

though this is only gradually _recognised_

152. At first it belongs to man as against other members of his

family or tribe, then as against other tribes, then as against other

citizens, which in antiquity still implies great limitations

153. Influences which have helped to break down these limitations are

_(a)_ Roman equity, _(b)_ Stoicism, _(c)_ the Christian idea of a

universal brotherhood

154. This last is the logical complement of the idea that man as such

has a right to life; but the right is only _negatively recognised_ in

modern Christendom

155. It is ignored e.g. in war, nor is much done to enable men to

fulfil their capacities as members of humanity

156. Four questions as to the relation of the state to the right of

man as man to free life.

Lectures on the Principles of Political Obligation Reprinted from Green's Philosophical Works, vol. II., with Preface by Bernard Bosanquet · 第 24 / 48 题