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Chapter 3 THE MOVEMENT OF THEORY

Word Count: 5502    |    Released on: 01/12/2017

but passion of itself is blind and its world is chaotic. To be effective men must act together, and to act together they must have a common understanding and a common object. When it comes to be

equirements of their position to the elaboration of ideas, and in the end to some sort of social philosophy; and the philosophies that have driving force behind them are those which arise after this fashi

me, as one of the elements that go to make up the working constitution of the Liberal mind. It is, so to say, the Conservative element in Liberalism, valuable in resistance to encroachments, valuable in securing continuity of development, for purposes of re-construction insufficient. To maintain the old order under changed circumstances may be, in fact, to initiate a revolution. It was so in the seventeenth century. Pym and his followers could find justification for their contentions in our constitutional history, but to do so they

pon the minds of its adherents, and gives direction and unity to their efforts. It becomes, in its turn, a real historic force, and the degree of its coherence and adequacy is matter, not merely of academic interest, but of practical moment. Moreover, the onward course of a movement is more clearly understood by appreciating the successive points of view which its thinkers and statesmen have occupied than by following the devious turnings of political events and the tangle of party controversy. T

s I will call the theor

ment on human institution. The oldest "institution" in this view was the individual, and the primordial society the natural grouping of human beings under the influence of family affection, and for the sake of mutual aid. Political society was a more artificial arrangement, a convention arrived at for the specific purpose of securing a better order and maintaining the common safety. It was, perhaps, as Locke held, founded on a contract between king and people, a contract which was

others for the mutual respect of rights; and for this purpose he instituted a government to maintain his rights within the community and to guard the community from assault from without. It followed that the function of government was limited and definable. It was to maintain the natural rights of man as accurately as the conditions of society allowed, and to do naught beside. Any further action employing the compulsory power of the State was of the nature of an infringement of the understanding on which government rested. In entering into the compact, the individual gave up so much of his rights as was necessitated by the condition of submitting to a

the nineteenth century; and it is strongly held by contemporary Liberals like M. Faguet, who frankly abrogate its speculative foundations and rest their case on social utility. Its strength is, in effect, not in its logical principles, but in the compactness and consistency which it gives to

ccentuated by governmental repression. At bottom there is a natural harmony of interests. Maintain external order, suppress violence, assure men in the possession of their property, and enforce the fulfilment of contracts, and the rest will go of itself. Each man will be guided by self-interest, but interest will lead him along the lines of greatest productivity. If all artificial barriers are removed, he will find the occupation which best suits his capacities, and this will be the occupation in which he will be most productive, and therefore, socially, most valuable. He will have to sell his goods to a willing purchaser, therefore he must devote himself to the production of things which others need, things, therefore, of social value. He will, by preference, make that for which he can obtain the highest price, and this will be that for which, at the particular time and place and in relation to his particular capacities, there is the greatest need. He will, again, find the employer who will pay h

gnificance. Let us first consider the conception of natural rights. What were these rights, and on what did they rest? On the first po

and equal in rights. Social distinctio

of the natural and imprescriptible rights of man.[6] These rights are

of all sovereignty resides

the exercise of the natural rights of every man has only such limits as assure to other memb

l. All citizens have a right to take part (concourir), p

n of all citizens to office. The Declaration of 1793 is more emphatic about equality, a

criticism in which their spirit is altogether missed. I w

"Security for liberty in respect of his person and property is the right of every man." So expressed, it will be seen that this right postulates the existence of an ordered society, and lays down that it is

n is only limited by his equal right to knock me down, the law has no business to interfere when we take to our fists. If, on the other hand, I have no right to injure another, the law should interfere. Very little reflection suffices to show that this is the sounder principle, and that respect for the equal liberty of another is not an adequate definition of liberty. My right to keep my neighbour awake by playing the piano all night is not satisfactorily counterbalanced by his right to keep a dog which howls all the time the piano is being play

is conceived as a collective whole, as a unit. (2) Every citizen has the right to take part in making the law. Here the question is one of individual right. Which is

pose the nation deliberately decides on laws which deny the rights of the individual, ought such laws to be obeyed in the name of popular

al theory, and what has to be said about the harmony of the natural order may be taken in conjunction w

define the limits of individual right. Bentham would frankly make all rights dependent on common utility, and therewith he would make it possible to examine all conflicting claims in the light of a general principle. He would measure them all by a common standard. Has a man the right to express his opinion freely? To determine the question on Bentham's lines we must ask whether it is, on the whole, useful to society that the free expression of opinion should be allowed, and this, he would say, is a question which may be decided by general reasoning and by experience of results. Of course, we must take the rough with the smooth. If the free expression of opinion is allowed, false opinion will find utterance and will mislead many. The question would be, does the loss involved in the promulgation of error counterbalance the gain to be derived from unfettered discussion? and Bentham would hold himself free to judge by results. Should the State maintain the rights o

s with it. That is right which conforms to it, that is wrong which conflicts with it. The greatest happiness principle is the one and supreme principle of conduct. Observe that it imposes on us two considerations. One is the greatest happiness. Now happiness is defined as consisting positively in the presence of pleasure, negatively in the absence of pain. A greater pleasure is then preferable to a lesser, a pleasure unaccompanied by pain to one involving pain. Conceiving pain as a minus quantity of pleasure, we may say that the principle requires us always to take quantity and pleasure into account, and noth

is purpose we will keep to what is real in his doctrine, even if it is not always defined with academic precision. The salient points that we note, then, are (1) the subordination of all considerations of right to the considerations of happiness, (2) the importance of number, and (3) as the other side of the same doctrine, the insistence on equa

asure. Liberty, on the other hand, is not fundamental, it is a means to an end. Popular sovereignty is not fundamental, for all government i

fair consideration for the happiness of all is to allow to all an equal share of power. True, if there is a conflict the majority will prevail, but they will be moved each by consideration of his own happiness, and the majority as a whole, therefore, by the happiness of the greater number. There is no inherent right in the individual to take a part in government. There is a claim to be considered in the distribution of the means o

ed on self-interest alone, might be conceived without absurdity as representing a sum of individual interests. Even here, however, observe that, though the greatest number is considered, the greatest happiness does not fare so well. For to raise the same sum the tax on wine will, as less is drunk, have to be much larger than the tax on tea, so that a little gain to many tea-drinkers might inflict a heavy loss on the few wine-drinkers, and on the Benthamite principle it is not clear that this would be just. In point of fact it is possible for a majority to act tyrannically, by insisting on a slight convenience to itself at the expense, perh

this sense the life of society is rightly held to be organic, and all considered public policy must be conceived in its bearing on the life of society as a whole. But the moment that we apply this view to politics, the Benthamite mode of stating the case for democracy is seen to be insufficient. The interests of every man are no doubt in the end bound up with the welfare of the whole community, but the relation is infinitely subtle and indirect. Moreover, it takes time to work itself out, and the evil that is done in the present day may only bear fruit when the generation that has done it has passed away. Thus, the direct and calculable benefit of the majority may by no means coincide with the ultimate good of society as a whole

as such. There was much in the history of the time to justify his attitude. It was difficult at that time to believe in an honest officialdom putting the commonwealth above every personal or corporate interest, and reformers naturally looked to individual initiative as the source of progress. Secondly, and this was a more philosophic argument, the individual was supposed to understand his own interest best, and as the common good was the sum of individual interests, it followed that so far as every man was free to seek his own good, the good of the greatest number would be most effectually realized by general freedom of choice. That there were difficulties in reconciling self-interest with the general good was not denied. But

hose of the doctrine of natural liberty; and, on the whole, the two influences worked together in the formation of that sc

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, inalienable, and sacred rights of man," in order, among other things, "that the acts of the legislative power and those of the executiv

nvention in 1793 is full of interest, both for the points of agreement and differ

on happiness. Government is instituted to guarantee to man

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