PRINCIPLES OF GOVERNMENT
SYSTEMS OF POLITICAL WRITERS
the question stated.—first hypothesis: government founded in superior strength.—second hypothesis: government jure divino.—third hypothesis: the social contract.—the first hypothesisexaminedx2014thesecondxecond—criterion of divine right: 1. patriarchal descent—2. justice.
IT has appeared in the course of our reasonings upon the natureBOOK III. CHAP. I. The question stated of society, that there are occasions in which it may be necessary, to supersede private judgment for the sake of public BOOK III. CHAP. I. good, and to control the acts of the individual by an act to be performed in the name of the whole. It is therefore an interesting enquiry to ascertain in what manner such acts are to be originated, or in other words to ascertain the foundation of political government.
First hypothesis: government founded in superior strength There are three hypotheses that have been principally maintained upon this subject. First, the system of force, according to which it is affirmed, “that, inasmuch as it is necessary that the great mass of mankind should be held under the subjection of compulsory restraint, there can be no other criterion of that restraint, than the power of the individuals who lay claim to its exercise, the foundation of which power exists in the unequal degrees, in which corporal strength and intellectual sagacity are distributed among mankind.”
Second hypothesis: government jure divino There is a second class of reasoners, who deduce the origin of all government from divine right, and affirm, “that, as men derived their existence from an infinite creator at first, so are they still subject to his providential care, and of consequence owe allegiance to their civil governors, as to a power which he has thought fit to set over them.”
Third hypothesis: the social contract The third system is that which has been most usually maintained by the friends of equality and justice; the system according to which the individuals of any society are supposed to have entered into a contract with their governors or with each other,BOOK III. CHAP. I. and which founds the rights of government in the consent of the governed.
The two first of these hypotheses may easily be dismissed.The first hypothesis examined. That of force appears to proceed upon the total negation of abstract and immutable justice, affirming every government to be right, that is possessed of power sufficient to inforce its decrees. It puts a violent termination upon all political science; and seems intended to persuade men, to sit down quietly under their present disadvantages, whatever they may be, and not exert themselves to discover a remedy for the evils they suffer. The secondThe second. hypothesis is of an equivocal nature. It either coincides with the first, and affirms all existing power to be alike of divine derivation; or it must remain totally useless till a criterion can be found, to distinguish those governments which are approved by God, from those which cannot lay claim to that sanction. TheCriterion of divine right. 1. Patriarchal descent. 2. Justice. criterion of patriarchal descent will be of no avail, till the true claimant and rightful heir can be discovered. If we make utility and justice the test of God's approbation, this hypothesis will be liable to little objection; but then on the other hand little will be gained by it, since those who have not introduced divine right into the argument, will yet readily grant, that a government which can be shewn to be agreeable to utility and justice, is a rightful government.
BOOK III. CHAP. I. The third hypothesis demands a more careful examination. If any error have insinuated itself into the support of truth, it becomes of particular consequence to detect it. Nothing can be of more importance, than to separate prejudice and mistake on the one hand, from reason and demonstration on the other. Whereever they have been confounded, the cause of truth must necessarily be a sufferer. That cause, so far from being injured by the dissolution of the unnatural alliance, may be expected to derive from that dissolution an eminent degree of prosperity and lustre.
OF THE SOCIAL CONTRACT
queries proposed.—who are the contracting parties?—what is the form of engagement?—over how long a period does the contract extend?—to how great a variety of propositions?—can it extend to lawshereaftertobemadex2014addr014;addresses of adhesion considered.—power of a majority.
UPON the first statement of the system of a social contractBOOK III. CHAP. II. Queries proposed various difficulties present themselves. Who are the parties to this contract? For whom did they consent, for themselves only or for others? For how long a time is this contract to be considered as binding? If the consent of every individual be necessary, in what manner is that consent to be given? Is it to be tacit, or declared in express terms?
Little will be gained for the cause of equality and justice, ifWho are the contracting parties? our ancestors, at the first institution of government, had a right indeed of choosing the system of regulations under which they thought proper to live, but at the same time could barter away the understandings and independence of all that came after them BOOK III. CHAP. II. to the latest posterity. But, if the contract must be renewed in each successive generation, what periods must be fixed on for that purpose? And if I be obliged to submit to the established government till my turn comes to assent to it, upon what principle is that obligation founded? Surely not upon the contract into which my father entered before I was born?
What is the form of engagement? Secondly, what is the nature of the consent, in consequence of which I am to be reckoned the subject of any particular government? It is usually said, “that acquiescence is sufficient; and that this acquiescence is to be inferred from my living quietly under the protection of the laws.” But if this be true, an end is as effectually put to all political science, all discrimination of better and worse, as by any system invented by the most slavish sycophant that ever existed. Upon this hypothesis every government that is quietly submitted to is a lawful government, whether it be the usurpation of Cromwel or the tyranny of Caligula. Acquiescence is frequently nothing more than a choice on the part of the individual of what he deems the least evil. In many cases it is not so much as this, since the peasant and the artisan, who form the bulk of a nation, however dissatisfied with the government of their country, seldom have it in their power to transport themselves to another. It is also to be observed upon the system of acquiescence, that it is in little agreement with the established opinions and practices of mankind. Thus what has been called the law of nations, lays least stress upon the allegiance of a foreigner settling among us, though his acquiescence is certainlyBOOK III. CHAP. II. most complete; while natives removing into an uninhabited region are claimed by the mother country, and removing into a neighbouring territory are punished by municipal law, if they take arms against the country in which they were born. Now surely acquiescence can scarcely be construed into consent, while the individuals concerned are wholly unapprised of the authority intended to be rested upon it.
Mr. Locke, the great champion of the doctrine of an original contract, has been aware of this difficulty, and therefore observes, that “a tacit consent indeed obliges a man to obey the laws of any government, as long as he has any possessions, or enjoyment of any part of the dominions of that government; but nothing can make a man a member of the commonwealth, but his actually entering into it by positive engagement, and express promise and compact. “ A singular distinction; implying upon the face of it, that an acquiescence, such as has just been described, is sufficient to render a man amenable to the penal regulations of society; but that his own consent is necessary to entitle him to its privileges.
A third objection to the social contract will suggest itself, asOver how long a period does the contract extend? soon as we attempt to ascertain the extent of the obligation, even BOOK III. CHAP. II. supposing it to have been entered into in the most solemn manner by every member of the community. Allowing that I am called upon, at the period of my coming of age for example, to declare my assent or dissent to any system of opinions or any code of practical institutes; for how long a period does this declaration bind me? Am I precluded from better information for the whole course of my life? And, if not for my whole life, why for a year, a week or even an hour? If my deliberate judgment or my real sentiment be of no avail in the case, in what sense can it be affirmed that all lawful government is founded in my consent?
To how great a variety of propositions? But the question of time is not the only difficulty. If you demand my assent to any proposition, it is necessary that the proposition should be stated simply and clearly. So numerous are the varieties of human understanding, in all cases where its independence and integrity are sufficiently preserved, that there is little chance of any two men coming to a precise agreement about ten successive propositions that are in their own nature open to debate. What then can be more absurd than to present to me the laws of England in fifty volumes folio, and call upon me to give an honest and uninfluenced vote upon their whole contents at once?
Can it extend to laws hereafter to be made? But the social contract, considered as the foundation of civil government, requires more of me than this. I am not only obliged to consent to all the laws that are actually upon record,BOOK III. CHAP. II. but to all the laws that shall hereafter be made. It was under this view of the subject, that Rousseau, in tracing the consequences of the social contract, was led to assert, that “the great body of the people, in whom the sovereign authority resides, can neither delegate nor resign it. The essence of that authority,” he adds, “is the general will; and will cannot be represented. It must either be the same or another; there is no alternative. The deputies of the people cannot be its representatives; they are merely its attorneys. The laws, that the community does not ratify in person, are no laws, are nullities.”
The difficulty here stated has been endeavoured to be providedAddresses of adhesion considered against by some late advocates for liberty, in the way of addresses of adhesion; addresses, originating in the various districts and departments of a nation, and without which no regulation of constitutional importance is to be deemed valid. But this is a very inadequate and superficial remedy. The addressers of course have seldom any other remedy than that above described, of in BOOK III. CHAP. II. discriminate admission or rejection. There is an infinite difference between the first deliberation, and the subsequent exercise of a negative. The former is a real power, the latter is seldom more than the shadow of a power. Not to add, that addresses are a most precarious and equivocal mode of collecting the sense of a nation. They are usually voted in a tumultuous and summary manner; they are carried along by the tide of party; and the signatures annexed to them are obtained by indirect and accidental methods, while multitudes of bystanders, unless upon some extraordinary occasion, remain ignorant of or indifferent to the transaction.
Power of a majority Lastly, if government be founded in the consent of the people, it can have no power over any individual by whom that consent is refused. If a tacit consent be not sufficient, still less can I be deemed to have consented to a measure upon which I put an express negative. This immediately follows from the observations of Rousseau. If the people, or the individuals of whom the people is constituted, cannot delegate their authority to a representative; neither can any individual delegate his authority to a majority, in an assembly of which he is himself a member. The rules by which my actions shall be directed are matters of a consideration entirely personal; and no man can transfer to another the keeping of his conscience and the judging of his duties. But this brings us back to the point from which we set BOOK III. CHAP. II. out. No consent of ours can divest us of our moral capacity. This is a species of property which we can neither barter nor resign; and of consequence it is impossible for any government to derive its authority from an original contract.
the validity of promises examined.—shewn to be inconsistent with justice.—to be foreign to the general good.—of the expectation excited.—the fulfilling expectation does not imply the validity of a promise.—conclusion.
BOOK III. CHAP. III. The validity of promises examinedTHE whole principle of an original contract proceeds upon the obligation under which we are placed to observe our promises. The reasoning upon which it is founded is, “that we have promised obedience to government, and therefore are bound to obey.” It may consequently be proper to enquire into the nature of this obligation to observe our promises.
Shewn to be inconsistent with justice: We have already established justice as the sum of moral and political duty. Is justice then in its own nature precarious or immutable? Surely immutable. As long as men are men, the conduct I am bound to observe respecting them must remain the same. A good man must always be the proper object of my support and cooperation; vice of my censure; and the vicious man of instruction and reform.
What is it then to which the obligation of a promise applies?BOOK III. CHAP. III. What I have promised is either right, or wrong, or indifferent. There are few articles of human conduct that fall under the latter class; and the greater shall be our improvements in moral science the fewer still will they appear. Omitting these, let us then consider only the two preceding classes. “I have promised to do something just and right.” This certainly I ought to perform. Why? Not because I promised, but because justice prescribes it. “I have promised to bestow a sum of money upon some good and respectable purpose. In the interval between the promise and my fulfilling it, a greater and nobler purpose offers itself, and calls with an imperious voice for my cooperation.” Which ought I to prefer? That which best deserves my preference. A promise can make no alteration in the case. I ought to be guided by the intrinsic merit of the objects, and not by any external and foreign consideration. No engagements of mine can change their intrinsic claims.
All this must be exceedingly plain to the reader who has followed me in my early reasonings upon the nature of justice. If every shilling of our property, every hour of our time and every faculty of our mind, have already received their destination from the principles of immutable justice, promises have no department left upon which for them to decide. Justice it appears therefore ought to be done, whether we have promised it or not. If we discover any thing to be unjust, we ought to abstain from it, with what BOOK III. CHAP. III. ever solemnity we have engaged for its perpetration. We were erroneous and vicious when the promise was made; but this affords no sufficient reason for its performance.
to be foreign to general good But it will be said, “if promises be not made, or when made be not fulfilled, how can the affairs of the world be carried on?” By rational and intelligent beings acting as if they were rational and intelligent. A promise would perhaps be sufficiently innocent, if it were understood merely as declaratory of intention, and not as precluding farther information. Even in this restrained sense however it is far from being generally necessary. Why should it be supposed that the affairs of the world would not go on sufficiently well, though my neighbour could no farther depend upon my assistance than it appeared rational to grant it? This would be a sufficient dependence if I were honest, nor would he if he were honest desire any thing more. If I were dishonest, if I could not be bound by the reason and justice of the case, it would afford him a slender additional dependence to call in the aid of a principle founded in prejudice and mistake: not to say, that, let it afford ever so great advantage in any particular case, the evil of the immoral precedent would outweigh the individual advantage.
It may be farther objected, “that this principle might be sufficiently suited to a better and more perfect state of society, but that at present there are dishonest members of the community, who will not perform their duty, if they be not bound to it byBOOK III. CHAP. III. some grosser motive, than the mere moral consideration.” Be it so. This is a question altogether different from that we have been examining. We are not now enquiring whether the community ought to animadvert upon the errors of its members. This animadversion the upright man is not backward to encounter, and willingly risks the penalty, which the society (for the society is more competent to ascertain the just amount of the penalty than the preceding caprice of the parties) has awarded in cases apparently similar, if he conceive that his duty requires from him that risk.
But to return to the case of promises. I shall be told, that,Of the expectation excited “in choosing between two purposes about which to employ my money, my time or my talents, my promise may make an essential difference, and therefore having once been given ought to be fulfilled. The party to whom it was made has had expectations excited in him, which I ought not to disappoint; the party to whom I am under no engagement has no such disappointment to encounter.” What is this tenderness to which I am bound, this expectation I must not dare to disappoint? An expectation that I should do wrong, that I should prefer a less good to a greater, that I should commit absolute evil; for such must be the result when the balance has been struck. “But his expectation has altered the nature of his situation, has engaged him in BOOK III. CHAP. III. undertakings from which he would otherwise have abstained.” Be it so. He and all other men will be taught to depend more upon their own exertions, and less upon the assistance of others, which caprice may refuse, or justice oblige me to withhold. He and all others will be taught to acquire such merit, and to engage in such pursuits, as shall oblige every honest man to come to their succour, if they should stand in need of assistance. The resolute execution of justice, without listening to that false pity, which, to do imaginary kindness to one, would lead us to injure the whole, would in a thousand ways increase the independence, the energies and the virtue of mankind.
The fulfilling expectation does not imply the validity of a promise Let us however suppose, “that my conduct ought to be influenced by this previous expectation of the individual.” Let us suppose, “that, in selecting an individual for a certain office, my choice ought not to be governed merely by the abstract fitness of the candidates, but that I ought to take into the account the extreme value of the appointment from certain circumstances to one of the candidates, and its comparative inutility to the other.” Let us farther suppose, “that the expectation excited in one of them has led him into studies and pursuits to qualify himself for the office, which will be useless if he do not succeed to it; and that this is one of the considerations which ought to govern my determination.”—All this does not come up to what we have been taught respecting the obligation of a promise.
For, first, it may be observed, that it seems to be of little consequenceBOOK III. CHAP. III. in this statement, whether the expectation were excited by a direct promise or in some other manner, whether it were excited by a declaration of mine or of a third person, or lastly, whether it arose singly out of the reason of the case and the pure deductions and reflections of the expecter's mind. Upon every one of these suppositions his conduct, and the injury he may sustain from a disappointment, will remain the same. Here then all that has been commonly understood by the obligation of a promise is excluded. The motive to be attended to, flows from no solemn engagement of mine, but from an incidental consequence of my declaration, and which might just as easily have been the consequence of many other circumstances. The consideration by which it becomes me to be influenced is, not a regard for veracity, or a particular desire to preserve my integrity, both of which are in reality wholly unconcerned in the transaction, but an attention to the injury to be sustained by the losing candidate, whatever might be the original occasion of the conduct out of which the injury has proceeded.
Let us take an example of a still simpler nature. “I live in Westminster; and I engage to meet the captain of a ship from Blackwal at the Royal Exchange. My engagement is of the nature of information to him, that I shall be at the Exchange at a certain hour. He accordingly lays aside his other business, and comes thither to meet me.” This is a reason why I should BOOK III. CHAP. III. not fail him unless for some very material cause. But it would seem as if the reason why I should not fail him would be equally cogent, if I knew from any other source that he would be there, and that a quantity of convenience equal to the quantity upon the former supposition would accrue from my meeting him. It may be said, “that it is essential to various circumstances of human intercourse, that we should be able to depend on each other for a steady adherence to engagements of this sort.” The statement however would be somewhat more accurate if we said, “that it was essential to various circumstances of human intercourse, that we should be known to bestow a steady attention upon the quantities of convenience or inconvenience, of good or evil, that might arise to others from our conduct.”
Conclusion It is undoubtedly upon this hypothesis a part of our duty to make as few promises or declarations exciting appropriate expectations as possible. He who lightly gives to another the idea that he will govern himself in his future conduct, not by the views that shall be present to his mind when the conduct shall come to be determined on, but by the view he shall be able to take of it at some preceding period, is vicious in so doing. But the obligation he is under respecting his future conduct is, to act justly, and not, because he has committed one error, for that reason to become guilty of a second.
OF POLITICAL AUTHORITY
common deliberation the true foundation of government—proved from the equal claims of mankind—from the nature of our faculties—from the object of government—from the effects of common deliberation.x2014delegationvindicatedx201.—difference between the doctrine here maintained and that of a social contract apparent—from the merely prospective nature of the former—from the nullity of promises—from the fallibility of deliberation.—conclusion.
HAVING rejected the hypotheses that have most generallyBOOK III. CHAP. IV. been adduced to account for the origin of government consistently with the principles of moral justice, let us enquire whether we may not arrive at the same object, by a simple investigation of the obvious reason of the case, without having recourse to any refinement of system or fiction of process.
Government then being introduced for the reasons alreadyCommon deliberation the true foundation of government: assigned, the first and most important principle that can be imagined relative to its form and structure, seems to be this; that, as BOOK III. CHAP. IV. government is a transaction in the name and for the benefit of the whole, every member of the community ought to have some share in its administration. The arguments in support of this proposition are various.
proved from the equal claims of mankind: 1. It has already appeared that there is no criterion perspicuously designating any one man or set of men to preside over the rest.
from the nature of our faculties: 2. All men are partakers of the common faculty reason, and may be supposed to have some communication with the common preceptor truth. It would be wrong in an affair of such momentous concern, that any chance for additional wisdom should be rejected; nor can we tell in many cases till after the experiment how eminent any individual may one day be found in the business of guiding and deliberating for his fellows.
from the object of government: 3. Government is a contrivance instituted for the security of individuals; and it seems both reasonable that each man should have a share in providing for his own security, and probable that partiality and cabal should by this means be most effectually excluded.
from the effects of common deliberation 4. Lastly, to give each man a voice in the public concerns comes nearest to that admirable idea of which we should never lose sight, the uncontrolled exercise of private judgment. Each man would thus be inspired with a consciousness of his own import ance, and the slavish feelings that shrink up the soul in the presenceBOOK III. CHAP. IV. of an imagined superior would be unknown.
Admitting then the propriety of each man having a share in directing the affairs of the whole in the first instance, it seems necessary that he should concur, in electing a house of representatives, if he be the member of a large state; or, even in a small one, that he should assist in the appointment of officers and administrators; which implies, first, a delegation of authority to these officers, and, secondly, a tacit consent, or rather an admission of the necessity, that the questions to be debated should abide the decision of a majority.
But to this system of delegation the same objections may beDelegation vindicated urged, that were cited from Rousseau in the chapter of the Social Contract. It may be alleged that, “if it be the business of every man to exercise his own judgment, he can in no instance surrender this function into the hands of another.”
To this objection it may be answered, first, that the parallel is by no means complete between an individual's exercise of his judgment in a case that is truly his own, and his exercise of his judgment in an article where the necessity and province of government are already admitted. Wherever there is a government, there must be a will superseding that of individuals. It is absurd BOOK III. CHAP. IV. to expect that every member of a society should agree with every other member in the various measures it may be found necessary to adopt. The same necessity, that requires the introduction of force to suppress injustice on the part of a few, requires that the sentiments of the majority should direct that force, and that the minority should either secede, or patiently wait for the period when the truth on the subject contested shall be generally understood.
Secondly, delegation is not, as at first sight it might appear to be, the act of one man committing to another a function, which strictly speaking it became him to exercise for himself. Delegation, in every instance in which it can be reconciled with justice, is an act which has for its object the general good. The individuals to whom the delegation is made, are either more likely from talents or leisure to perform the function in the most eligible manner, or at least there is some public interest requiring that it should be performed by one or a few persons, rather than by every individual for himself. This is the case, whether in that first and simplest of all delegations the prerogative of a majority, or in the election of a house of representatives, or in the appointment of public officers. Now all contest as to the person who shall exercise a certain function, and the propriety of resigning it, is frivolous, the moment it is decided how and by whom it can most advantageously be exercised. It is of no consequence that I am the parent of a child, when it has once been ascertainedBOOK III. CHAP. IV. that the child will receive greater benefit by living under the superintendence of a stranger.
Lastly, it is a mistake to imagine that the propriety of restraining me when my conduct is injurious, rises out of any delegation of mine. The justice of employing force when every other means was insufficient, is even prior to the existence of society. Force ought never to be resorted to but in cases of absolute necessity; and, when such cases occur, it is the duty of every man to defend himself from violation. There is therefore no delegation necessary on the part of the offender; but the community in the censure it exercises over him stands in the place of the injured party.
It may perhaps by some persons be imagined, that the doctrineDifference between the doctrine here maintained and that of a social contract apparent: here delivered of the justice of proceeding in common concerns by a common deliberation, is nearly coincident with that other doctrine which teaches that all lawful government derives its authority from a social contract. Let us consider what is the true difference between them.
In the first place, the doctrine of common deliberation is of afrom the merely prospective nature of the former: prospective, and not a retrospective nature. Is the question respecting some future measure to be adopted in behalf of the community? Here the obligation to deliberate in common pre BOOK III. CHAP. IV. sents itself, as eminently to be preferred to every other mode of deciding upon the interests of the whole. Is the question whether I shall yield obedience to any measure already promulgated? Here I have nothing to do with the consideration of how the measure originated; unless perhaps in a country where common deliberation has in some sort been admitted as a standing principle, and where the object may be to resist an innovation upon this principle. In the case of ship money under king Charles the first, it was perhaps fair to resist the tax, even supposing it to be abstractedly a good one, upon account of the authority imposing it; though that reason might be insufficient, in a country unused to representative taxation.
Exclusively of this consideration, no measure is to be resisted on account of the irregularity of its derivation. If it be just, it is entitled both to my chearful submission and my zealous support. So far as it is deficient in justice, I am bound to resist. My situation in this respect is in no degree different from what it was previously to all organised government. Justice was at that time entitled to my assent, and injustice to my disapprobation. They can never cease to have the same claims upon me, till they shall cease to be distinguished by the same unalterable properties. The measure of my resistance will however vary with circumstances, and therefore will demand from us a separate examination.
Secondly, the distinction between the doctrine here advancedBOOK III. CHAP. IV. from the nullity of promises: and that of a social contract will be better understood, if we recollect what has been said upon the nature and validity of promises. If promise be in all cases a fallacious mode of binding a man to a specific mode of action, then must the argument be in all cases impertinent, that I consented to such a decision, and am therefore bound to regulate myself accordingly. It is impossible to imagine a principle of more injurious tendency, than that which shall teach me to disarm my future wisdom by my past folly, and to consult for my direction the errors in which my ignorance has involved me, rather than the code of eternal truth. So far as consent has any validity, abstract justice becomes a matter of pure indifference: so far as justice deserves to be made the guide of my life, it is in vain to endeavour to share its authority with compacts and promises.
We have found the parallel to be in one respect incompletefrom the fallibility of deliberation between the exercise of these two functions, private judgment and common deliberation. In another respect the analogy is exceedingly striking, and considerable perspicuity will be given to our ideas of the latter by an illustration borrowed from the former. In the one case as in the other there is an obvious principle of justice in favour of the general exercise. No individual can arrive at any degree of moral or intellectual improvement, unless in the use of an independent judgment. No state BOOK III. CHAP. IV. can be well or happily administered, unless in the perpetual use of common deliberation respecting the measures it may be requisite to adopt. But, though the general exercise of these faculties be founded in immutable justice, justice will by no means uniformly vindicate the particular application of them. Private judgment and public deliberation are not themselves the standard of moral right and wrong; they are only the means of discovering right and wrong, and of comparing particular propositions with the standard of eternal truth.
Conclusion Too much stress has undoubtedly been laid upon the idea, as of a grand and magnificent spectacle, of a nation deciding for itself upon some great public principle, and of the highest magistracy yielding its claims when the general voice has pronounced. The value of the whole must at last depend upon the quality of their decision. Truth cannot be made more true by the number of its votaries. Nor is the spectacle much less interesting, of a solitary individual bearing his undaunted testimony in favour of justice, though opposed by misguided millions. Within certain limits however the beauty of the exhibition must be acknowledged. That a nation should dare to vindicate its function of common deliberation, is a step gained, and a step that inevitably leads to an improvement of the character of individuals. That men should unite in the assertion of truth, is no unpleasing evidence of their virtue. Lastly, that an individual, however great may be his imaginary elevation, should be obliged to yield hisBOOK III. CHAP. IV. personal pretensions to the sense of the community, at least bears the appearance of a practical confirmation of the great principle, that all private considerations must yield to the general good.
society can declare and interpret, but cannot enact.—its authority only executive.
HAVING thus far investigated the nature of political functions, it seems necessary that some explanation should be given in this place upon the subject of legislation. Who is it that has the authority to make laws? What are the characteristics by which that man or body of men is to be known, in whom the faculty is vested of legislating for the rest?
Society can declare and interpret, but cannot enact To these questions the answer is exceedingly simple: Legislation, as it has been usually understood, is not an affair of human competence. Reason is the only legislator, and her decrees are irrevocable and uniform. The functions of society extend, not to the making, but the interpreting of law; it cannot decree, it can only declare that, which the nature of things has already decreed, and the propriety of which irresistibly flows from the circumstances of the case. Montesquieu says, that “in a free state every man will be his own legislator .” This is not true,BOOK III. CHAP. V. setting apart the functions of the community, unless in the limited sense already explained. It is the office of conscience to determine, “not like an Asiatic cadi, according to the ebbs and flows of his own passions, but like a British judge, who makes no new law, but faithfully declares that law which he finds already written .”
The same distinction is to be made upon the subject of authority.Its authority only executive All political power is strictly speaking executive. It has appeared to be necessary, with respect to men as we at present find them, that force should sometimes be employed in repressing injustice; and for the same reasons it appears that this force should as far as possible be vested in the community. To the public support of justice therefore the authority of the community extends. But no sooner does it wander in the smallest degree from the great line of justice, than its authority is at an end, it stands upon a level with the obscurest individual, and every man is bound to resist its decisions.
obedience not the correlative of authority.—no man bound to yield obedience to another.—case of submission considered.—foundation of obedience.—usefulness of social communication.—case of confidence consideredx2014itslits limitations.—mischief of unlimited confidence.—subjection explained.
BOOK III. CHAP. VI.HAVING enquired into the just and legitimate source of authority, we will next turn our attention to what has usually been considered as its correlative, obedience. This has always been found a subject of peculiar difficulty, as well in relation to the measure and extent of obedience, as to the source of our obligation to obey.
Obedience not the correlative of authority The true solution will probably be found in the observation that obedience is by no means the proper correlative. The object of government, as has been already demonstrated, is the exertion of force. Now force can never be regarded as an appeal to the understanding; and therefore obedience, which is an act of the understanding or will, can have no legitimate connectionBOOK III. CHAP. VI. with it. I am bound to submit to justice and truth, because they approve themselves to my judgment. I am bound to co-operate with government, as far as it appears to me to coincide with these principles. But I submit to government when I think it erroneous, merely because I have no remedy.
No truth can be more simple, at the same time that no truthNo man bound to yield obedience to another has been more darkened by the glosses of interested individuals, than that one man can in no case be bound to yield obedience to any other man or set of men upon earth.
There is one rule to which we are universally bound to conform ourselves, justice, the treating every man precisely as his usefulness and worth demand, the acting under every circumstance in the manner that shall procure the greatest quantity of general good. When we have done thus, what province is there left to the disposal of obedience?
I am summoned to appear before the magistrate to answerCase of submission considered for a libel, an imaginary crime, an act which perhaps I am convinced ought in no case to fall under the animadversion of law. I comply with this summons. My compliance proceeds, perhaps from a conviction that the arguments I shall exhibit in the court form the best resistance I can give to his injustice, or perhaps BOOK III. CHAP. VI. from perceiving that my non-compliance would frivolously and without real use interrupt the public tranquillity.
A quaker refuses to pay tithes. He therefore suffers a tithe proctor to distrain upon his goods. In this action morally speaking he does wrong. The distinction he makes is the argument of a mind that delights in trifles. That which will be taken from me by force, it is no breach of morality to deliver with my own hand. The money which the robber extorts from me, I do not think it necessary to oblige him to take from my person. If I walk quietly to the gallows, this does not imply my consent to be hanged.
In all these cases there is a clear distinction between my compliance with justice and my compliance with injustice. I conform to the principles of justice, because I perceive them to be intrinsically and unalterably right. I yield to injustice, though I perceive that to which I yield to be abstractedly wrong, and only choose the least among inevitable evils.
Foundation of obedience The case of volition, as it is commonly termed, seems parallel to that of intellect. You present a certain proposition to my mind, to which you require my assent. If you accompany the proposition with evidence calculated to shew the agreement between the terms of which it consists, you may obtain my assent. If you accompany the proposition with authority, telling meBOOK III. CHAP. VI. that you have examined it and find it to be true, that thousands of wise and disinterested men have admitted it, that angels or Gods have affirmed it, I may assent to your authority; but, with respect to the proposition itself, my understanding of its reasonableness, my perception of that in the proposition which strictly speaking constitutes its truth or its falshood, remain just as they did. I believe something else, but I do not believe the proposition.
Just so in morals. I may be persuaded of the propriety of yielding compliance to a requisition the justice of which I cannot discern, as I may be persuaded to yield compliance to a requisition which I know to be unjust. But neither of these requisitions is strictly speaking a proper subject of obedience. Obedience seems rather to imply the unforced choice of the mind and assent of the judgment. But the compliance I yield to government, independently of my approbation of its measures, is of the same species as my compliance with a wild beast, that forces me to run north, when my judgment and inclination prompted me to go south.
But, though morality in its purest construction altogetherUsefulness of social communication excludes the idea of one man's yielding obedience to another, yet the greatest benefits will result from mutual communication. There is scarcely any man, whose communications will not BOOK III. CHAP. VI. sometimes enlighten my judgment and rectify my conduct. But the persons to whom it becomes me to pay particular attention in this respect, are not such as may exercise any particular magistracy, but such, whatever may be their station, as are wiser or better informed in any respect than myself.
Case of confidence considered There are two ways in which a man wiser than myself may be of use to me; by the communication of those arguments by which he is convinced of the truth of the judgments he has formed; and by the communication of the judgments themselves independent of argument. This last is of use only in respect to the narrowness of our own understandings, and the time that might be requisite for the acquisition of a science of which we are at present ignorant. On this account I am not to be blamed, if I employ a builder to construct me a house, or a mechanic to sink me a well; nor should I be liable to blame, if I worked in person under their direction. In this case, not having opportunity or ability to acquire the science myself, I trust to the science of another. I choose from the deliberation of my own judgment the end to be pursued; I am convinced that the end is good and commendable; and, having done this, I commit the selection of means to a person whose qualifications are superior to my own. The confidence reposed in this instance is precisely of the nature of delegation in general. No term surely can be more unapt than that of obedience, to express our duty towards the overseer we have appointed in our affairs.
Similar to the confidence I repose in a skilful mechanic is theBOOK III. CHAP. VI. attention which ought to be paid to the commander of an army. It is my duty in the first place to be satisfied of the goodness of the cause, of the propriety of the war, and of the truth of as many general propositions concerning the conduct of it, as can possibly be brought within the sphere of my understanding. It may well be doubted whether secrecy be in any degree necessary to the conduct of war. It may be doubted whether treachery and surprise are to be classed among the legitimate means of defeating our adversary. But after every deduction has been made for considerations of this sort, there will still remain cases, where something must be confided, as to the plan of a campaign or the arrangement of a battle, to the skill, so far as that skill really exists, of the commander. When he has explained both to the utmost of his ability, there may remain parts, the propriety of which I cannot fully comprehend, but which I have sufficient reason to confide to his judgment.
This doctrine however of limited obedience, or, as it mayIts limitations more properly be termed, of confidence and delegation, ought to be called into action as seldom as possible. Every man should discharge to the utmost practicable extent the duties which arise from his situation. If he gain as to the ability with which they may be discharged, when he delegates them to another, he loses with respect to the fidelity; every one being conscious of the sincerity of his own intention, and no one having equal proof BOOK III. CHAP. VI. of that of another. A virtuous man will not fail to perceive the obligation under which he is placed to exert his own understanding, and to judge for himself as widely as his circumstances will permit.
Mischief of unlimited confidence The abuse of the doctrine of confidence has been the source of more calamities to mankind than all the other errors of the human understanding. Depravity would have gained little ground in the world, if every man had been in the exercise of his independent judgment. The instrument by which extensive mischiefs have in all ages been perpetrated has been, the principle of many men being reduced to mere machines in the hands of a few. Man, while he consults his own understanding, is the ornament of the universe. Man, when he surrenders his reason, and becomes the partisan of implicit faith and passive obedience, is the most mischievous of all animals. Ceasing to examine every proposition that comes before him for the direction of his conduct, he is no longer the capable subject of moral instruction. He is, in the instant of submission, the blind instrument of every nefarious purpose of his principal; and, when left to himself, is open to the seduction of injustice, cruelty and profligacy.
Subjection explained These reasonings lead to a proper explanation of the word subject. If by the subject of any government we mean a person whose duty it is to obey, the true inference from the preceding principles is, that no government has any subjects. If on the contrary we mean a person, whom the government is bound toBOOK III. CHAP. VI. protect, or may justly restrain, the word is sufficiently admissible. This remark enables us to solve the long-disputed question, what it is that constitutes a man the subject of any government. Every man is in this sense a subject, whom the government is competent to protect on the one hand, or who on the other, by the violence of his proceedings, renders force requisite to prevent him from disturbing that community, for the preservation of whose peace the government is instituted.
moral principles frequently elucidated by incidental reflection—by incidental passages in various authors.—example.
BOOK III. CHAP. VI. Appendix Moral principles frequently elucidated by incidental reflection:IT will generally be found that, even where the truth upon any subject has been most industriously obscured, its occasional irradiations have not been wholly excluded. The mind has no sooner obtained evidence of any new truth, especially in the science of morals, but it recollects numerous intimations of that truth which have occasionally suggested themselves, and is astonished that a discovery which was perpetually upon the eve of being made, should have been kept at a distance so long.
by incidental passages in various authors This is eminently the case in the subject of which we are treating. Those numerous passages in poets, divines and philosophers, which have placed our unalterable duty in the strongest contrast with the precarious authority of a superior, and have taught us to disclaim all subordination to the latter, have always been received by the ingenuous mind with a tumult of applause. There is indeed no species of composition, in which the seeds of a morality too perfect for our present improvements in science,BOOK III. CHAP. VI. Appendix may more reasonably be expected to discover themselves, than in works of imagination. When the mind shakes off the fetters of prescription and prejudice, when it boldly takes a flight into the world unknown, and employs itself in search of those grand and interesting principles which shall tend to impart to every reader the glow of enthusiasm, it is at such moments that the enquiring and philosophical reader may expect to be presented with the materials and rude sketches of intellectual improvement .
Among the many passages from writers of every denominationExample that will readily suggest themselves under this head to a well informed mind, we may naturally recollect the spirited reasoning of young Norval in the tragedy of Douglas, when he BOOK III. CHAP. VI. Appendix is called upon by lord Randolph to state the particulars of a contest in which he is engaged, that lord Randolph may be able to decide between the disputants.
- “Nay, my good lord, though I revere you much,
- My cause I plead not, nor demand your judgment.
- To the liege lord of my dear native land
- I owe a subject's homage; but even him
- And his high arbitration I reject. Within my bosom reigns another lord—
- Honour; sole judge and umpire of itself.”
Nothing can be more accurate than a considerable part of the philosophy of this passage. The term “honour” indeed has been too much abused, and presents to the mind too fantatistical an image, to be fairly descriptive of that principle by which the actions of every intellectual being ought to be regulated. The principle to which it behoves us to attend, is the internal decision of our own understanding; and nothing can be more evident than that the same reasoning, which led Norval to reject the authority of his sovereign in the quarrels and disputes in which he was engaged, ought to have led him to reject it as the regulator of any of his actions, and of consequence to abjure that homage which he sets out with reserving. Virtue cannot possibly be measured by the judgment and good pleasure of any man with whom we are concerned.
OF FORMS OF GOVERNMENT
argument in favour of a variety of forms—compared with the argument in favour of a variety of religious creeds.—that there is one best form of government proved—from the unity of truth—from the natureofmanx2014objectionfromhumfrom human weakness and prejudice.—danger in establishing an imperfect code.—manners of nations produced by their forms of government.—gradual improvement necessary.—simplicity chiefly to be desired.—publication of truth the grand instrument—by individuals, not by government—the truth entire, and not by parcels.—sort of progress to be desired.
APROPOSITION that by many political reasoners hasBOOK III. CHAP. VII. Argument in favour of a variety of forms: been vehemently maintained, is that ofthe propriety of instituting different political governmentssuited to the characters, the habits and prejudicesof different nations. “The English constitution,” saythese reasoners, “is adapted to the thoughtful,rough and unsubmitting character of this island race;the BOOK III. CHAP. VII. slowness and complicationof Dutch formality to the phlegmatic Hollander; andthe splendour of the grand monarque to the vivacityof Frenchmen. Among the ancients what could be betterassorted than a pure democracy to the intellectualacuteness and impetuous energy of the Athenians; whilethe hardy and unpolished Spartan flourished much moreunder the rugged and inflexible discipline of Lycurgus?The great art of the legislator is to penetrate intothe true character of the nation with whom he is concerned,and to discover the exact structure of government whichis calculated to render that nation flourishing andhappy.” Accordingly an Englishman who should reasonupon these postulata might say, “It is not necessaryI should assert the English constitution to be thehappiest and sublimest conception of the human mind;I do not enquire into the abstract excellence of thatgovernment under which France made herself illustriousfor centuries. I contemplate with enthusiasm the venerablerepublics of Greece and Rome. But I am an enemy tothe removing ancient land-marks, and disturbing withour crude devices the wisdom of ages. I regard withhorror the Quixote plan, that would reduce the irregulargreatness of nations to the frigid and impracticablestandard of metaphysical accuracy .”
This question has been anticipated in various parts of theBOOK III. CHAP. VII. present work; but the argument is so popular and plausible to a superficial view, as justly to entitle it to a separate examination.
The idea bears some resemblance to one which was formerlycompared with the argument in favour of a variety of religious creeds insisted upon by certain latitudinarians in religion. “It is impious,” said they, “to endeavour to reduce all men to uniformity of opinion upon this subject. Men's minds are as various as their faces. God has made them so; and it is to be presumed that he is well pleased to be addressed in different languages, by different names, and with the consenting ardour of disagreeing sects.” Thus did these reasoners confound the majesty of truth with the deformity of falshood; and suppose that that being who was all truth, took delight in the errors, the absurdities, and the vices, for all falshood in some way or other engenders vice, of his creatures. At the same time they were employed in unnerving that activity of mind, which is the single source of human improvement. If truth and falshood be in reality upon a level, I shall be very weakly employed in a strenuous endeavour either to discover truth for myself, or to impress it upon others.
Truth is in reality single and uniform. There must in theThat there is one bestBOOK III. CHAP. VII. form of government proved: nature of things be one best form of government, which all intellects, sufficiently roused from the slumber of savage ignorance, will be irresistibly incited to approve. If an equal participation of the benefits of nature be good in itself, it must be good for you and me and all mankind. Despotism may be of use to keep human beings in ignorance, but can never conduce to render them wise or virtuous or happy. If the general tendency of despotism be injurious, every portion and fragment of it must from the unity of truth: be a noxious ingredient. Truth cannot be so variable, as to change its nature by crossing an arm of the sea, a petty brook or an ideal line, and become falshood. On the contrary it is at all times and in all places the same.
from the nature of man The subject of legislation is every where the same, man. The points in which human beings resemble are infinitely more considerable than those in which they differ. We have the same senses, the same inlets of pleasure and pain, the same faculty to reason, to judge and to infer. The same causes that make me happy will make you happy. We may differ in our opinions upon this subject at first, but this difference is only in prejudice, and is by no means invincible. An event may often conduce most to the benefit of a human being, which his erroneous judgment perhaps regarded with least complacency. A wise superintendent of affairs would pursue with steady attention the real advantage of those over whom he presided, careless of the temporary disapprobation he incurred, and which would last no BOOK III. CHAP. VII. longer than the partial and misguided apprehension from which it flowed.
Is there a country in which a prudent director of education would propose some other object for his labours than to make his pupil temperate and just and wise? Is there a climate that requires its inhabitants to be hard drinkers or horse-jockies or gamesters or bullies, rather than men? Can there be a corner of the world, where the lover of justice and truth would find himself out of his element and useless? If no; then liberty must be every where better than slavery, and the government of rectitude and impartiality better than the government of caprice.
But to this it may be objected that “men may not be everyObjection from human weakness and prejudice where capable of liberty. A gift however valuable in itself, if it be intended to be beneficial, must be adapted to the capacity of the receiver. In human affairs every thing must be gradual; and it is contrary to every idea that experience furnishes of the nature of mind to expect to advance men to a state of perfection at once. It was in a spirit somewhat similar to this, that Solon, the Athenian lawgiver, apologised for the imperfection of his code, saying, “that he had not sought to promulgate such laws as were good in themselves, but such as his countrymen were able to bear.”
The experiment of Solon seems to be of a dangerous nature.Danger in establishing an imperfect code A code, such as his, bid fair for permanence, and does not BOOK III. CHAP. VII. appear to have contained in it a principle of improvement. He did not meditate that gradual progress which was above described, nor contemplate in the Athenians of his own time, the root from which were to spring the possible Athenians of some future period, who might realise all that he was able to conceive of good sense, fortitude and virtue. His institutions were rather calculated to hold them down in perpetuity to one certain degree of excellence and no more.
Manners of nations produced by their forms of government This suggestion furnishes us with the real clue to that striking coincidence between the manners of a nation and the form of its government, which was mentioned in the beginning of the chapter, and which has furnished so capital an argument to the advocates for the local propriety of different forms of government. It was in reality somewhat illogical in these reasoners to employ this as an argument upon the subject, without previously ascertaining which of the two things was to be regarded as a cause and which as an effect, whether the government arose out of the manners of the nation, or the manners of the nation out of the government. The last of these statements appears upon the whole to be nearest to the fact. The government may be indebted for its existence to accident or force. Revolutions, as they have most frequently taken place in the world, are epochas, in which the temper and wishes of a nation are least consulted . When it is otherwise, still the real effect of the government which is instituted, is to perpetuate propensities and sentiments,BOOK III. CHAP. VII. which without its operation would speedily have given place to other propensities. Upon every supposition, the existing correspondence between national character and national government will be found in a just consideration to arise out of the latter.
The principle of gradual improvement advanced in the lastGradual improvement necessary cited objection must be admitted for true; but then it is necessary, while we adopt it, that we should not suffer ourselves to act in direct opposition to it; and that we should choose the best and most powerful means for forwarding that improvement.
Man is in a state of perpetual progress. He must grow eitherSimplicity chiefly to be desired better or worse, either correct his habits or confirm them. The government proposed must either increase our passions and prejudices by fanning the flame, or by gradually discouraging tend to extirpate them. In reality, it is sufficiently difficult to imagine a government that shall have the latter tendency. By its very nature political institution has a tendency to suspend the elasticity, and put an end to the advancement of mind. Every scheme for embodying imperfection must be injurious. That which is to-day a considerable melioration, will at some future period, if preserved unaltered, appear a defect and disease in the body politic. It were earnestly to be desired that each man was wise enough to govern himself without the intervention of any compulsory restraint; and, since government even in its best state is BOOK III. CHAP. VII. an evil, the object principally to be aimed at is, that we should have as little of it as the general peace of human society will permit.
Publication of truth the grand instrument: But the grand instrument for forwarding the improvement of mind is the publication of truth. Not the publication on the by individuals, not by government: part of government; for it is infinitely difficult to discover infallibly what the truth is, especially upon controverted points, and government is as liable as individuals to be mistaken in this respect. In reality it is more liable; for the depositaries of government have a very obvious temptation to desire, by means of ignorance and implicit faith, to perpetuate the existing state of things. The only substantial method for the propagation of truth is discussion, so that the errors of one man may be detected by the acuteness and severe disquisition of his neighbours. All we have to demand from the officers of government, at least in their public character, is neutrality. The intervention of authority in a field proper to reasoning and demonstration is always injurious. If on the right side, it can only discredit truth, and call off the attention of men to a foreign consideration. If on the wrong, though it may not be able to suppress the spirit of enquiry, it will have a tendency to convert the calm pursuit of knowledge into passion and tumult.
the truth entire, and not by parcels “But in what manner shall the principles of truth be communicated so as best to lead to the practice? By shewing to man kind truth in all its evidence, or concealing one half of it? ShallBOOK III. CHAP. VII. they be initiated by a partial discovery, and thus led on by regular degrees to conclusions that would at first have wholly alienated their minds?”
This question will come to be more fully discussed in a following chapter. In the mean time let us only consider for the present the quantity of effect that may be expected from these two opposite plans.
An inhabitant of Turkey or Morocco may perhaps be of opinion, that the vesting power in the arbitrary will or caprice of an individual has in it more advantages than disadvantages. If I be desirous to change his opinion, should I undertake to recommend to him in animated language some modification of this caprice? I should attack it in its principle. If I do otherwise, I shall betray the strength of my cause. The principle opposite to his own, will not possess half the irresistible force which I could have given to it. His objections will assume vigour. The principle I am maintaining being half truth and half falshood, he will in every step of the contest possess an advantage in the offensive, of which, if he be sufficiently acute, I can never deprive him.
Now the principle I should have to explain of equal law and equal justice to the inhabitant of Morocco, would be as new to BOOK III. CHAP. VII. him, as any principle of the boldest political description that I could propagate in this country. Whatever apparent difference may exist between the two cases, may fairly be suspected to owe its existence to the imagination of the observer. The rule therefore which suggests itself in this case is fitted for universal application.
Sort of progress to be desired As to the improvements which are to be introduced into the political system, their quantity and their period must be determined by the degree of knowledge existing in any country, and the state of preparation of the public mind for the changes that are to be desired. Political renovation may strictly be considered as one of the stages in intellectual improvement. Literature and disquisition cannot of themselves be rendered sufficiently general; it will be only the cruder and grosser parts that can be expected to descend in their genuine form to the multitude; while those abstract and bold speculations, in which the value of literature principally consists, must necessarily continue the portion of the favoured few. It is here that social institution offers itself in aid of the abstruser powers of argumentative communication. As soon as any important truth has become established to a sufficient extent in the minds of the enterprising and the wise, it may tranquilly and with ease be rendered a part of the general system; since the uninstructed and the poor are never the strenuous supporters of those complicated systems by which oppression is maintained; and since they have an obvious in terest in the practical introduction of simplicity and truth. One BOOK III. CHAP. VII. valuable principle being thus realised, prepares the way for the realising of more. It serves as a resting-place to the human mind in its great business of exploring the regions of truth, and gives it new alacrity and encouragement for farther exertions.