the man versus the state-第15章
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the presence of its deputy； the combatants have been pecuniarily bled even to the extent of producing prostration； and when an appeal being made by one of them the decision is reversed； the beaten combatant is made to pay for the blunders of the deputy； or of a preceding deputy； and not unfrequently the wronged man； who sought protection or restitution； is taken out of court pecuniarily dead。 Adequately done； such a portrayal of governmental misdeeds of commission and omission； proving that the partially…surviving code of ethics arising in； and proper to； a state of war； still vitiates governmental action； might greatly moderate the hopes of those who are anxious to extend governmental control。 After observing that along with the still…manifest traits of that primitive political structure which chronic militancy produces； there goes a still…manifest survival of its primitive principles； the reformer and the philanthropist might be less sanguine in their anticipations of good from its all…pervading agency； and might be more inclined to trust agencies of a non…governmental kind。 But leaving out the greater part of the large topic comprehended under the title of this article； I propose here to deal only with a comparatively small remaining part those sins of legislators which are not generated by their personal ambitions or class interests； but result from a lack of the study by which they are morally bound to prepare themselves。
A druggist's assistant who； after listening to the description of pains which he mistakes for those of colic； but which are really caused by inflammation of the cecum； prescribes a sharp purgative and kills the patient； is found guilty of manslaughter。 He is not allowed to excuse himself on the ground that he did not intend harm but hoped for good。 The plea that he simply made a mistake in his diagnosis is not entertained。 He is told that he had no right to risk disastrous consequences by meddling in a matter concerning which his knowledge was so inadequate。 The fact that he was ignorant how great was his ignorance is not accepted in bar of judgment。 It is tacitly assumed that the experience common to all should have taught him that even the skilled； and much more the unskilled； make mistakes in the identification of disorders and in the appropriate treatment； and that having disregarded the warning derivable from common experience； he was answerable for the consequences。 We measure the responsibilities of legislators for mischiefs they may do； in a much more lenient fashion。 In most cases； so far from thinking of them as deserving punishment for causing disasters by laws ignorantly enacted； we scarcely think of them as deserving reprobation。 It is held that common experience should have taught the druggist's assistant； untrained as he is； not to interfere； but it is not held that common experience should have taught the legislator not to interfere til1 he has trained himself Though multitudinous facts are before him in the recorded legislation of our own country and of other countries； which should impress on him the immense evils caused by wrong treatment； he is not condemned for disregarding these warnings against rash meddling。 Contrariwise； it is thought meritorious in him when perhaps lately from college； perhaps fresh from keeping a pack of hounds which made him popular in his county； perhaps emerging from a provincial town where he acquired a fortune； perhaps rising from the bar at which he has gained a name as an advocate he enters Parliament； and forthwith； in quite a light…hearted way； begins to aid or hinder this or that means of operating on the body politic。 In this case there is no occasion even to make for him the excuse that he does not know how little he knows； for the public at large agrees with him in thinking it needless that he should know anything more than what the debates on the proposed measures tell him。 And yet the mischiefs wrought by uninstructed law…making； enormous in their amount as compared with those caused by uninstructed medical treatment； are conspicuous to all who do but glance over its history。 The reader must pardon me while I recall a few familiar instances。 Century after century； statesmen went on enacting usury laws which made worse the condition of the debtor raising the rate of interest 〃from five to six when intending to reduce it to four；〃（5*） as under Louis XV and indirectly producing undreamt of evils of many kinds； such as preventing the reproductive use of spare capital； and 〃burdening the small proprietors with a multitude of perpetual services。〃（6*） So； too； the endeavours which in England continued through five hundred years to stop forestalling； and which in France； as Arthur Young witnessed； prevented any one from buying 〃more than two bushels of wheat at market；〃（7*） went on generation after generation increasing the miseries and mortality due to dearth； for； as everybody now knows； the wholesale dealer； who was in the statute 〃De Pistoribus〃 vituperated as 〃an open oppressor of poor people；〃（8*） is simply one whose function it is to equalize the supply of a commodity by checking unduly rapid consumption。 Of kindred nature was the measure which； in 1315； to diminish the pressure of famine； prescribed the prices of foods； but which was hastily repealed after it had caused entire disappearance of various foods from the markets； and also such measures； more continuously operating； as those which settled by magisterial order 〃the reasonable gains〃 of victuallers。（9*） Of like spirit and followed by allied mischiefs have been the many endeavours to fix wages； which began with the Statute of Labourers under Edward III； and ceased only sixty years ago； when； having long galvanized in Spitalfields a decaying industry； and fostered there a miserable population； Lords and Commons finally gave up fixing silk…weavers' earnings by the decisions of magistrates。 Here I imagine an impatient interruption。 〃We know all that； the story is stale。 The mischiefs of interfering with trade have been dinned in our ears till we are weary； and no one needs to be taught the lesson afresh。〃 My first reply is that by the great majority the lesson was never properly learnt at all； and that many of those who did learn it have forgotten it。 For just the same pleas which of old were put in for these dictations； are again put in。 In the statute 35 of Edward III； which aimed to keep down the price of herrings （but was soon repealed because it raised the price）； it was complained that people 〃coming to the fair。。。 do bargain for herring； and every of them； by malice and envy； increase upon other； and； if one proffer forty shillings； another will proffer ten shillings more； and the third sixty shillings； and so every one surmounteth other in the bargain。〃（10*） And now the 〃higgling of the market；〃 here condemned and ascribed to 〃malice and envy；〃 is being again condemned。 The evils of competition have all along been the stock cry of the Socialists； and the council of the Democratic Federation denounces the carrying on of exchange under 〃the control of individual greed and profit。〃 My second reply is that interferences with the law of supply and demand； which a generation ago were admitted to be habitually mischievous； are now being daily made by Acts of Parliament in new fields； and that； as I shall presently show； they are in these fields increasing the evils to be cured and producing fresh ones； as of old they did in fields no longer intruded upon。 Returning from this parenthesis； I go on to explain that the above Acts are named to remind the reader that uninstructed legislators have in past times continually increased human suffering in their endeavours to mitigate it； and I have now to add that if these evils； shown to be legislatively intensified or produced； be multiplied by ten or more； a conception will be formed of the aggregate evils caused by law…making unguided by social science。 In a paper read to the Statistical Society in May； 1873； Mr Janson； vice…president of the Law Society； stated that from the Statute of Merton （20 Henry III） to the end of 1872； there had been passed 18；110 public Acts； of which he estimated that four…fifths had been wh
