Category: Philosophy & Ethics

The Philosophical Theory of the State

2. Social Theory as influenced by special sciences 19 (i) Mathematics 19 (ii) Biology 21 (iii) Economics 27 (iv) Jurisprudence and the theory of Right 34 _(a)_ Law as “ideal fact” 34 _(b)_ Sociological analysis of Law 36 (v) Idea of the “spirit of laws” or mind of peoples; Ant...

Chapters

1. CHAPTER I

2. c. Type of political philosophy suggested by it 5

3. CHAPTER II

2. Social Theory as influenced by special sciences 19 (i) Mathematics 19 (ii) Biology 21 (iii) Economics 27 (iv) Jurisprudence and the theory of Right 34 _(a)_ Law as “ideal fac...

4. CHAPTER III

3. Examination of Mill’s “Liberty” 60 (i) Mill’s idea of Individuality 60 (ii) His view of the authority of Society over the Individual 61 (iii) His applications of his principl...

5. CHAPTER IV

6. CHAPTER V.

7. CHAPTER VI

3. Phases of idea of Liberty 133 _(a)_ Juristic phase = “absence of restraint” 134 _(b)_ Political phase = “rights of citizenship” 135 _(c)_ Positive connection of _(a)_ and _(b...

8. CHAPTER VII

2. Connection between social and mental groupings 156 (1) Analogy between them 156 (i) Associations of persons and of ideas 156 (ii) Organisation of social groups and of ideas 1...

9. CHAPTER VIII

6. State action as the maintenance of rights 201 _(a)_ System of rights from standpoint of community 203 _(b)_ From standpoint of individuals. “Position” 204 (i) As Rights or re...

10. CHAPTER IX

11. CHAPTER X

6. Sub-divisions of Social Ethics. The Family 269 _(a)_ Depends on natural fact 269 _(b)_ Is factor in the State 270 _(c)_ Ethical and Monogamous Household 271 _(d)_ Relation to...

12. CHAPTER XI

8. Humanity as an element of mind 328 _(a)_ Humanity not predicable of mankind as a whole 328 _(b)_ Humanity does not = mankind as a true community 329 _(c)_ Dichotomous express...

13. CHAPTER I.

1. First, it will be well to indicate, in a very few words, what is implied in a “philosophical theory,” as distinguished from theories which make no claim to be philosophical....

14. CHAPTER II.

1. There is no doubt that Sociology and Social Philosophy have started, historically speaking, from different points of view. The object of the present chapter is to ascertain t...

15. i. The Newtonian theory of gravitation is the entrance gate to the

modern world of science. {20} “When the Newton of this subject shall be seated in his place” [1] is the aspiration of the modern investigator in every matter capable of being kn...

16. ii. But it has been recognised from the earliest days of political

speculation that, within the general ideal of a perfect natural science, the more special analogy of the living organism had a peculiar bearing upon social phenomena. Beginning...

17. iii. Political Economy existed before modern Sociology was born, and

is still the only part of it which is obviously and indisputably successful as a science of explanation. The triumphant development of this theory reacted even upon Hegel’s poli...

18. iv. A completely new vista reveals itself to the student of social

theory when he turns from biological analogies and economic conditions to consider the wealth of experience and of ideas which is furnished to him by Jurisprudence and the Scien...

19. v. But the ideas involved in mere legality, though they bear

emphatic testimony to the conscious and artificial aspect of the social whole, have always {40} been regarded with some justice as the type of what is empty and formal. To treat...

20. vii. Before considering, in conclusion, the relation of Sociology

as influenced by the above-mentioned sources and points of view, to social philosophy proper, it will be well to devote a few words to emphasising the way in which these “source...

21. CHAPTER III.

1. To every-day common sense there is something paradoxical in the phenomena of political obligation; however it may acquiesce in what, although not satisfactorily explicable, i...

22. iii. A few words may here be said on the applications by which Mill

It will be noted in the first place that he objects altogether to the attempt to prevent by punishment either immorality or irreligion as such. [1] This objection a sound social...

23. ii. And how alien and hostile the self and the law may seem we see

even more crudely enunciated in Herbert Spencer than in Bentham or Mill, as the fundamental principle of the tradition has worked itself more definitely to the front. “The liber...

24. CHAPTER IV.

1. The reader will no doubt have observed that the theory dealt with in the last chapter belongs to the general type of what is currently known as Individualism. For several rea...

25. CHAPTER V.

1. We saw in the course of the last chapter that for Rousseau’s political theory everything turns on the reality of the “moral person” which constitutes the State. When active,...

26. CHAPTER VI.

1. We have now seen that the problem of Self-Government may be regarded from a point of view other than that which presented it as a contradiction in terms. The contradiction de...

27. CHAPTER VII

1. The object of the present chapter is to assist the reader in bringing together the conception of the State or the Community on the one hand, and that of an actual personal wi...

28. CHAPTER VIII.

1. According to the course of thought which we have been pursuing, the distinction between the individual on the one hand, and the social or political whole on the other, is not...

29. i. An obvious point of view, and the first perhaps to appear in

philosophy, though strongly opposed to early law, is that the aim of punishment is to make the offender good. As test of the adequacy of this doctrine by itself, the question ma...

30. ii. The idea of retaliation or retribution, though in history the

oldest conception of punishment, [1] may be taken in theory as a protest against the conception that punishment is only a means for making a man better. Its strong point is its...

31. iii. The graduation of punishments must be almost entirely determined

by experience of their operation as deterrents. It is to be borne in mind, indeed, (i.) that the “reversionary rights” of humanity in the offender are not to be needlessly sacri...

32. CHAPTER IX.

1. Probably no other philosophical movement has ever focussed in itself so much human nature as the post-Kantian Idealism. It has fallen to the present writer to show elsewhere...

33. CHAPTER X.

1. We are about to analyse a modern State into groups of facts which are also ways of thinking. And a question may arise in what sense the connection is to be understood which w...

34. CHAPTER XI.

1. We have been guided throughout our argument by the idea that the relation of a given mind to the mind of society [1] is comparable to the relation between our apprehension of...