LITMIR.BIZ

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which we associate with the name of Mr. Herbert Spencer. In his Logic, for instance, he represents an advance on the theories of Hume, and yet does not see how profoundly the victories of Science modify the conclusions of the earlier thinker. Similarly, in his Political Economy, he desires to improve and to enlarge upon Ricardo, and yet does not advance so far as the modifications of political economy by Sociology, indicated by some later – and especially German – speculations on the subject. In the tract on Liberty, Mill is advocating the rights of the individual as against Society at the very opening of an era that was rapidly coming to the conclusion that the individual had no absolute rights against Society. The eighteenth century view is that individuals existed first, each with their own special claims and responsibilities; that they deliberately formed a Social State, either by a contract or otherwise; and that then finally they limited their own action out of regard for the interests of the social organism thus arbitrarily produced. This is hardly the view of the nineteenth century. It is possible that logically the individual is prior to the State; historically and in the order of Nature, the State is prior to the individual. In other words, such rights as every single personality possesses in a modern world do not belong to him by an original ordinance of Nature, but are slowly acquired in the growth and development of the social state. It is not the truth that individual liberties were forfeited by some deliberate act when men made themselves into a Commonwealth. It is more true to say, as Aristotle said long ago, that man is naturally a political animal, that he lived under strict social laws as a mere item, almost a nonentity, as compared with the Order, Society, or Community to which he belonged, and that such privileges as he subsequently acquired have been obtained in virtue of his growing importance as a member of a growing organisation. But if this is even approximately true, it seriously restricts that liberty of the individual for which Mill pleads. The individual has no chance, because he has no rights, against the social organism. Society can punish him for acts or even opinions which are anti-social in character. His virtue lies in recognising the intimate communion with his fellows. His sphere of activity is bounded by the common interest. Just as it is an absurd and exploded theory that all men are originally equal, so it is an ancient and false doctrine to protest that a man has an individual liberty to live and think as he chooses in any spirit of antagonism to that larger body of which he forms an insignificant part.

      Nowadays this view of Society and of its development, which we largely owe to the Philosophie Positive of M. Auguste Comte, is so familiar and possibly so damaging to the individual initiative, that it becomes necessary to advance and proclaim the truth which resides in an opposite theory. All progress, as we are aware, depends on the joint process of integration and differentiation; synthesis, analysis, and then a larger synthesis seem to form the law of development. If it ever comes to pass that Society is tyrannical in its restrictions of the individual, if, as for instance in some forms of Socialism, based on deceptive analogies of Nature's dealings, the type is everything and the individual nothing, it must be confidently urged in answer that the fuller life of the future depends on the manifold activities, even though they may be antagonistic, of the individual. In England, at all events, we know that government in all its different forms, whether as King, or as a caste of nobles, or as an oligarchical plutocracy, or even as trades unions, is so dwarfing in its action that, for the sake of the future, the individual must revolt. Just as our former point of view limited the value of Mill's treatise on Liberty, so these considerations tend to show its eternal importance. The omnipotence of Society means a dead level of uniformity. The claim of the individual to be heard, to say what he likes, to do what he likes, to live as he likes, is absolutely necessary, not only for the variety of elements without which life is poor, but also for the hope of a future age. So long as individual initiative and effort are recognised as a vital element in English history, so long will Mill's Liberty, which he confesses was based on a suggestion derived from Von Humboldt, remain as an indispensable contribution to the speculations, and also to the health and sanity, of the world.

      What his wife really was to Mill, we shall, perhaps, never know. But that she was an actual and vivid force, which roused the latent enthusiasm of his nature, we have abundant evidence. And when she died at Avignon, though his friends may have regained an almost estranged companionship, Mill was, personally, the poorer. Into the sorrow of that bereavement we cannot enter: we have no right or power to draw the veil. It is enough to quote the simple words, so eloquent of an unspoken grief – "I can say nothing which could describe, even in the faintest manner, what that loss was and is. But because I know that she would have wished it, I endeavour to make the best of what life I have left, and to work for her purposes with such diminished strength as can be derived from thoughts of her, and communion with her memory."

W. L. COURTNEY.

      London, July 5th, 1901.

      CHAPTER I

      INTRODUCTORY

      The subject of this Essay is not the so-called Liberty of the Will, so unfortunately opposed to the misnamed doctrine of Philosophical Necessity; but Civil, or Social Liberty: the nature and limits of the power which can be legitimately exercised by society over the individual. A question seldom stated, and hardly ever discussed, in general terms, but which profoundly influences the practical controversies of the age by its latent presence, and is likely soon to make itself recognised as the vital question of the future. It is so far from being new, that in a certain sense, it has divided mankind, almost from the remotest ages; but in the stage of progress into which the more civilised portions of the species have now entered, it presents itself under new conditions, and requires a different and more fundamental treatment.

      The struggle between Liberty and Authority is the most conspicuous feature in the portions of history with which we are earliest familiar, particularly in that of Greece, Rome, and England. But in old times this contest was between subjects, or some classes of subjects, and the government. By liberty, was meant protection against the tyranny of the political rulers. The rulers were conceived (except in some of the popular governments of Greece) as in a necessarily antagonistic position to the people whom they ruled. They consisted of a governing One, or a governing tribe or caste, who derived their authority from inheritance or conquest, who, at all events, did not hold it at the pleasure of the governed, and whose supremacy men did not venture, perhaps did not desire, to contest, whatever precautions might be taken against its oppressive exercise. Their power was regarded as necessary, but also as highly dangerous; as a weapon which they would attempt to use against their subjects, no less than against external enemies. To prevent the weaker members of the community from being preyed upon by innumerable vultures, it was needful that there should be an animal of prey stronger than the rest, commissioned to keep them down. But as the king of the vultures would be no less bent upon preying on the flock than any of the minor harpies, it was indispensable to be in a perpetual attitude of defence against his beak and claws. The aim, therefore, of patriots, was to set limits to the power which the ruler should be suffered to exercise over the community; and this limitation was what they meant by liberty. It was attempted in two ways. First, by obtaining a recognition of certain immunities, called political liberties or rights, which it was to be regarded as a breach of duty in the ruler to infringe, and which if he did infringe, specific resistance, or general rebellion, was held to be justifiable. A second, and generally a later expedient, was the establishment of constitutional checks; by which the consent of the community, or of a body of some sort, supposed to represent its interests, was made a necessary condition to some of the more important acts of the governing power. To the first of these modes of limitation, the ruling power, in most European countries, was compelled, more or less, to submit. It was not so with the second; and to attain this, or when already in some degree possessed, to attain it more completely, became everywhere the principal object of the lovers of liberty. And so long as mankind were content to combat one enemy by another, and to be ruled by a master, on condition of being guaranteed more or less efficaciously against his tyranny, they did not carry their aspirations beyond this point.

      A time, however, came, in the progress of human affairs, when men ceased to think it a necessity of nature that their governors should be an independent power, opposed in interest to themselves. It appeared to them much better that the various magistrates of the State should be their tenants or delegates, revocable at their pleasure. In that way alone, it seemed, could they have complete security that the powers of government would never be abused

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