the vested interests and the common man-第3章
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have the vogue for the time being; and the vogue is a matter of
habits of thought ingrained by everyday experience。 And the moral
is that any established system of law and custom is due to
undergo a revision of its constituent principles so soon as a new
order of economic life has had time materially to affect the
community's habits of thought。 But all the while the changeless
native proclivities of the race will assert themselves in some
measure in any eventual revision of the received institutional
system; and always they will stand ready eventually to break the
ordered scheme of things into a paralytic mass of confusion if it
can not be bent into some passable degree of congruity with the
paramount native needs of life。
What is likely to arrest the attention of any student of the
modern era from the outset is the peculiar character of its
industry and of its intellectual outlook; particularly the scope
and method of modern science and technology。 The intellectual
life of modern Europe and its cultural dependencies differs
notably from what has gone before。 There is all about it an air
of matter…of…fact both in its technology and in its science;
which culminates in a 〃mechanistic conception〃 of all those
things with which scientific inquiry is concerned and in the
light of which many of the dread realities of the Middle Ages
look like superfluous make…believe。
But it has been only during the later decades of the modern
era during that time interval that might fairly be called the
post…modern era that this mechanistic conception of things has
begun seriously to affect the current system of knowledge and
belief; and it has not hitherto seriously taken effect except in
technology and in the material sciences。 So that it has not
hitherto seriously invaded the established scheme of
institutional arrangements; the system of law and custom; which
governs the relations of men to one another and defines their
mutual rights; obligations; advantages and disabilities。 But it
should reasonably be expected that this established system of
rights; duties; proprieties and disabilities will also in due
time come in for something in the way of a revision; to bring it
all more nearly into congruity with that matter…of…fact
conception of things that lies at the root of the late…modern
civilisation。
The constituent principles of the established system of law
and custom are of the nature of imponderables; of course; but
they are imponderables which have been conceived and formulated
in terms of a different order from those that are convincing to
the twentieth…century scientists and engineers。 Whereas the line
of advance of the scientists and engineers; dominated by their
mechanistic conception of things; appears to be the main line of
march for modern civilisation。 It should seem reasonable to
expect; therefore; that the scheme of law and custom will also
fall into line with this mechanistic conception that appears to
mark the apex of growth in modern intellectual life。 But hitherto
the 〃due time〃 needed for the adjustment has apparently not been
had; or perhaps the experience which drives men in the direction
of a mechanistic conception of all things has not hitherto been
driving them hard enough or unremittingly enough to carry such a
revision of ideas out in the system of law and custom。 The modern
point of view in matters of law and custom appears to be somewhat
in arrears; as measured by the later advance in science and
technology。
But just now the attention of thoughtful men centers on
questions of practical concern; questions of law and usage;
brought to a focus by the flagrant miscarriage of that
organisation of Christendom that has brought the War upon the
civilised nations。 The paramount question just now is; what to do
to save the civilised nations from irretrievable disaster; and
what further may be accomplished by taking thought so that no
similar epoch of calamities shall be put in train for the next
generation。 It is realised that there must be something in the
way of a 〃reconstruction〃 of the scheme of things; and it is also
realised; though more dimly; that the reconstruction must be
carried out with a view to the security of life under such
conditions as men will put up with; rather than with a view to
the impeccable preservation of the received scheme of law and
custom。 All of which is only saying that the constituent
principles of the modern point of view are to be taken under
advisement; reviewed and conceivably revised and brought
into line; in so far as these principles are constituent elements
of that received scheme of law and custom that is spoken of as
the status quo。 It is the status quo in respect of law and
custom; not in respect of science and technology or of knowledge
and belief; that is to be brought under review。 Law and custom;
it is believed; may be revised to meet the requirements of
civilised men's knowledge and belief; but no man of sound mind
hopes to revise the modern system of knowledge and belief so as
to bring it all into conformity with the time…worn scheme of law
and custom of the status quo。
Therefore the bearing of this stabilised modern point of
view; stabilised in the eighteenth century; on these questions of
practical concern is of present interest; its practical value
as ground for a reasonably hopeful reconstruction of the
war…shattered scheme of use and wont; its possible serviceability
as a basis of enduring settlement; as well as the share which its
constituent principles have had in the creation of that status
quo out of which this epoch of calamities has been precipitated。
The status quo ante; in which the roots of this growth of
misfortunes and impossibilities are to be found; lies within the
modern era; of course; and it is nowise to be decried as an
alien; or even as an unforeseen; outgrowth of this modern era。 By
and large; this eighteenth…century stabilised modern point of
view has governed men's dealings within this era; and its
constituent principles of right and honest living must therefore;
presumptively; be held answerable for the disastrous event of it
all; at least to the extent that they have permissively
countenanced the growth of those sinister conditions which have
now ripened into a state of world…wide shame and confusion。
How and how far is this modern point of view; this body of
legal and moral principles established in the eighteenth century;
to be accounted an accessory to this crime? And if it be argued
that this complication of atrocities has come on; not because of
these principles of conduct which are so dear to civilised men
and so blameless in their sight; but only in spite of them; then;
what is the particular weakness or shortcoming inherent in this
body of principles which has allowed such a growth of malignant
conditions to go on and gather head? If the modern point of view;
these settled principles of conduct by which modern men
collectively are actuated in what they will do and in what they
will permit; if these canons and standards of clean and honest
living have proved to be a fatal snare; then it becomes an urgent
question: Is it safe; or sane to go into the future by the light
of these same established canons of right; equity; and propriety
that so have been tried and found wanting?
Perhaps the question should rather take the less didactic
form: Will the present experience of calamities induce men to
revise these established principles of conduct; and the
specifications of the code based on them; so effectually as to
guard against any chance of return to the same desperate
situation in the calculable future? Can the discipline of recent
experience and the insight bred by the new order of knowledge and
belief; re…enforced by the shock of the present miscarriage; be
counted on to bring such a revision of these principles of law
and custom as will preclude a return to that status quo ante from
which this miscarriage of civilisation has resulted? The latter
question is m