the vested interests and the common man-第4章
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and custom as will preclude a return to that status quo ante from
which this miscarriage of civilisation has resulted？ The latter
question is more to the point。 History teaches that men； taken
collectively； learn by habituation rather than by precept and
reflection； particularly as touches those underlying principles
of truth and validity on which the effectual scheme of law and
custom finally rests。
In the last analysis it resolves itself into a question as to
how and how far the habituation of the recent past； mobilised by
the shock of the present conjuncture； will have affected the
frame of mind of the common man in these civilised countries； for
in the last analysis and with due allowance for a margin of
tolerance it is the frame of mind of the common man that makes
the foundation of society in the modern world； even though the
elder statesmen continue to direct its motions from day to day by
the light of those principles that were found good some time
before yesterday。 And the fortunes of the civilised world； for
good or ill； have come to turn on the deeds of commission and of
omission of these advanced peoples among whom the frame of mind
of the common man is the finally conditioning circumstance in
what may safely be done or left undone。 The advice and consent of
the common run has latterly come to be indispensable to the
conduct of affairs among civilised men； somewhat in the same
degree in which the community is to be accounted a civilised
people。 It is indispensable at least in a permissive way； at
least to the extent that no line of policy can long be pursued
successfully without the permissive tolerance of the common run；
and the margin of tolerance in the case appears to be narrower
the more alert and the more matter…of…fact the frame of mind of
the common man。
Chapter 2
The Stability of Law and Custom
In so far as concerns the present question； that is to say as
regards those standards and principles which underlie the
established system of law and custom； the modern point of view
was stabilised and given a definitive formulation in the
eighteenth century； and in so far as concerns the subsequent
conduct of practical affairs； its constituent principles have
stood over without material change or revision since that time。
So that for practical purposes it is fair to say that the modern
point of view is now some one hundred and fifty years old。
It will not do to say that it is that much behind the times；
because its time…worn standards of truth and validity are a very
material factor in the makeup of 〃our time。〃 That such is the
case is due in great part to the fact that this body of
principles was stabilised at that time and that they have
therefore stood over intact； in spite of other changes that have
taken place。 It is only that the principles which had been tested
and found good under the conditions of life in the modern era up
to that time were at that time held fast； canvassed； defined；
approved； and stabilised by being reduced to documentary form。 In
some sense they were then written into the constitution of
civilised society； and they have continued to make up the nucleus
of the document from that time forth； and so they have become
inflexible； after the fashion of written constitutions。
In the sight of those generations who so achieved the
definite acceptance of these enlightened modern principles； and
who finally made good their formal installation in law and usage
as self…balanced canons of human conduct； the principles which
they so arrived at had all the sanction of Natural Law；
impersonal； dispassionate； indefeasible and immutable；
fundamentally and eternally right and good。 That generation of
men held 〃these truths to be self…evident〃； and they have
continued so to be held since that epoch by all those peoples who
make up the effectual body of modern civilisation。 And the
backward peoples； those others who have since then been coming
into line and making their claim to a place in the scheme of
modern civilised life； have also successively been accepting and
（passably） assimilating the same enlightened principles of clean
and honest living。 Christendom； as a going concern of civilised
peoples； has continued to regulate its affairs by the help of
these principles； which are still held to be a competent
formulation of the aspirations of civilised mankind。 So that
these modern principles of the eighteenth century； stabilised in
documentary form a hundred and fifty years ago； have stood over
in immutable perfection until our time；a monument more enduring
than brass。
These principles are of the nature of habits of thought； of
course； and it is the nature of habits of thought forever to
shift and change in response to the changing impact of
experience； since they are creatures of habituation。 But inasmuch
as they have once been stabilised in a thoroughly competent
fashion in the eighteenth century； and have been drafted into
finished documentary form； they have been enabled to stand over
unimpaired into the present with all that weight and stability
that a well…devised documentary formulation will give。 It is
true； so far as regards the conditions of civilised life during
the interval that has passed since these modern principles of law
and custom took on their settled shape in the eighteenth century；
it has been a period of unexampled change； swift； varied；
profound and extensive beyond example。 And it follows of
necessity that the principles of conduct which were approved and
stabilised in the eighteenth century； under the driving
exigencies of that age； have not altogether escaped the
complications of changing circumstances。 They have at least come
in for some shrewd interpretation in the course of the nineteenth
century。 There have been refinements of definition； extensions of
application； scrutiny and exposition of implications； as new
exigencies have arisen and the established canons have been
required to cover unforeseen contingencies； but it has all been
done with the explicit reservation that no material innovation
shall be allowed to touch the legacy of modern principles handed
down from the eighteenth century； and that the vital system of
Natural Rights installed in the eighteenth century must not be
deranged at any point or at any cost。
It is scarcely necessary to describe this modern system of
principles that still continues to govern human intercourse among
the civilised peoples； or to attempt an exposition of its
constituent articles。 It is all to be had in exemplary form； ably
incorporated in such familiar documents as the American
Declaration of Independence； the French Declaration of the Rights
of Man； and the American Constitution； and it is all to be found
set forth with all the circumstance of philosophical and juristic
scholarship in the best work of such writers as John Locke。
Montesquieu。 Adam Smith； or Blackstone。 It has all been
sufficiently canvassed； through all its dips； spurs and angles；
by the most competent authorities； who have brought their best
will and their best abilities to bear on its elucidation at every
point； with full documentation。 Besides which； there is no need
of recondite exposition for the present purpose； since all that
is required by the present argument is such a degree of
information on these matters as is familiar to English…speaking
persons by common notoriety。
At the same time it may be to the purpose to call to mind
that this secular profession of faith enters creatively into that
established order of things which has now fallen into a state of
havoc because it does not meet the requirements of the new order。
This eighteenth…century modern plan specifically makes provision
for certain untoward rights； perquisites and disabilities which
have； in the course of time and shifting circumstance； become
incompatible with continued peace on earth and good…will among
men。
There are two main counts included in this modern
eighteenth…century plan； which appear unre
