Imágenes de páginas
PDF
EPUB

ADAPTATION TO THE SOCIAL STATE.

221

selves before their rulers, nor do serfs kiss their master's fect. Obedience ceases to be unlimited: men will choose their own faiths. Gradually, as there grow up those sentiments which lead each to maintain his own rights, and sympathetically to respect the rights of others-gradually as each, thus, by the acquirement of self-restraining power becomes fitted to live in harmony with his fellow-so gradually do men cease to need external restraint, and so gradually does this feeling which makes them submit to that external restraint decrease. The law of adaptation necessitates this. The feeling must lose power just as fast as it ceases to be needful. As the new regulator grows, the old one must dwindle. The first amelioration of a pure despotism is a partial supplanting of the one by the other. Mixed constitutions exhibit the two acting conjointly. And whilst the one advances to supremacy, the other sinks into decrepitude: divine right of kings is exploded, and monarchical power becomes but a name.

Although the adaptation of man to the social state has already made considerable progress although the need for external restraint is less and although consequently that reverence for authority which makes restraint possible, has greatly diminished-diminished to such an extent that the holders of power are daily caricatured, and men begin to listen to the National Anthem with their hats on-still the change is far from complete. The attributes of the aboriginal man have not yet died out. We still trench upon each other's claims-still pursue happiness at each other's expense. Our savage selfishness is seen in commerce, in legislation, in social arrangements, in amusements. The shopkeeper imposes on his lady customer; his lady customer beats down the shopkeeper. Classes quarrel about their respective "interests;" and corruption is defended by those who profit from it. The spirit of caste morally tortures its victims with as much cool ness as the Indian tortures his enemy. Gamblers pocket their gains with unconcern; and your share-speculator cares not who loses, so that he gets his premium. No matter what their rank, no matter in what they are engaged-whether in enacting a Corn Law, or in struggling with each other at the doors of a theatre-men show themselves as yet, little else than barbarians in broadcloth.

Hence we still require shackles; rulers to impose them; and power-worship to make those rulers obeyed. Just as much as the love of God's law is deficient, must the fear of man's law be called in to supply its place. And to the extent that man's law is needful there must be reverence for it to ensure the necessary allegiance. Hence, as men are still under the influence of this sentiment, we must expect their customs, creeds, and philosophies to testify of its presence.

Here, then, we have a rationale of the expediency-idea of government. It is the latest and most refined form assumed by this disposition to exalt the state at the expense of the individual. There have been books written to prove that the monarch's will should be the subject's absolute law; and if instead of monarch we read legislature, we have the expediency-theory. It merely modifies "divine right of kings" into divine right of government. It is despotism democratized. Between that old eastern regime under which the citizen was the private property of his ruler, having no rights at all, and that final state under which his rights will be entire and inviolable, there comes this intermediate state in which he is allowed to possess rights, but only by sufferance of parliament. Thus the expediency-philosophy falls naturally into its place as a phenomena attending our progress from past slavery to future freedom. It is one of a series of creeds through which mankind have to pass. Like each of its predecessors, it is natural to a certain phase of human develop

DOCTRINE OF THE SOCIAL CONTRACT.

223

ment. And it is fated to lose its hold as fast as our adap tation to the social state increases.

§ 4. It is only by bearing in mind that a theory of some kind being needful for men they will espouse any absurdity in default of something better, that we can understand how Rousseau's doctrine of Social Contract ever came to be so widely received. This fact remembered, however, the belief in such a doctrine becomes comprehensible. Here were men combined together under government and law. It seemed clear that the arrangement was on the whole a beneficial one. Hence the very natural, though erroneous, conclusion that state-authority was a moral institute. And state-authority being taken for a moral institute, it became needful to account for it, to defend it, to reconcile it with justice and truth. Under which stimulus there suggested itself this theory of a covenant originally entered into between individuals on the one hand, and the community, or agents acting for it, on the other, by which allegiance was agreed to be exchanged for protection; and in virtue of which supposed covenant governments continue to exercise power and demand obedience.

That such an explanation should have satisfied the unthinking, is not to be wondered at; but it is passing strange that it should have gained credence amongst educated men. Observe the battery of fatal objections which may be opened upon it.

In the first place, the assumption is a purely gratuitous one. Before submitting to legislative control on the strength of an agreement alleged to have been made by our forefathers, we ought surely to have some proof that such agreement was made. But no proof is given. On the contrary, the facts, so far as we can ascertain them, rather imply that under the earliest social forms, whether savage, patriarchal, or feudal, obedience to authority was given unconditionally; and that when the ruler afforded protection it was because he resented the attempt to exercise over one of his subjects a power similar to his owna conclusion quite in harmony with what we know of oaths of allegiance taken in later times.

Again; even supposing the contract to have been made, we are no forwarder, for it has been repeatedly invalidated by the violation of its terms. There is no people but what has from time to time rebelled; and there is no government but what has, in an infinity of cases, failed to give the promised protection. How, then, can this hypothetical contract be considered binding, when, if ever made, it has been broken by both parties?

But, granting the agreement, and granting that nothing positive has occurred to vitiate it, we have still to be shown on what principle that agreement, made, no one knows when, by no one knows whom, can be held to tie people now living. Dynasties have changed, and different forms of government have supplanted each other, since the alleged transaction could have taken place; whilst, between the people who are supposed to have been parties to it, and their existing descendants, unnumbered generations have lived and died. So we must assume that this covenant has over and over again survived the deaths of all parties concerned! Truly a strange power this which our forefathers wielded to be able to fix the behaviour of their descendants for all futurity! What would any one think of being required to kiss the Pope's toe, because his great-great-great-grandfather promised that he should do so?

However, there never was such a contract. If there had been, constant breaches must have destroyed it. And even if undestroyed it could not bind us, but only those who made it.

PRESUMPTUOUS CLAIMS OF LEGISLATURES.

225

§ 5. The self-importance of a Malvolio is sufficiently ludicrous; but we must go far beyond it to parallel the presumption of legislatures. Some steward who, deluded by an intense craving after dominion, and an impudence equal to his craving, should construe his stewardship into proprietorship, would more fitly illustrate it. Were such an one to argue that the estate he was appointed to manage had been virtually resigned into his possession-that to secure the advantages of his administration its owner had given up all title to it-that he now lived on it only by his (the steward's) sufferance-and that he was in future to receive no emoluments from it, except at his (the steward's) good pleasure-then should we have an appropriate travesty upon the behaviour of governments to nations; then should we have a doctrine perfectly analogous to this fashionable one, which teaches how men on becoming members of a community, give up, for the sake of certain social advantages, their natural rights. Adherents of this fashionable doctrine will doubtless protest against such an interpretation of it. They have no reasonable cause for doing so, however, as will appear on submitting them to a cross-examination. Suppose we begin it thus:

"Your hypothesis that men, when they entered into the social state, surrendered their original freedom, implies that they entered into such state voluntarily, does it not?"

"It does."

"Then they must have considered the social state preferable to that under which they had previously lived?"

"Necessarily."

"Why did it appear preferable?"

"Because it offered greater security."

"Greater security for what?"

« AnteriorContinuar »