the man versus the state-第24章
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resent traits of structure showing that social organization has laws which over…ride individual wills； and laws the disregard of which must be fraught with disaster。 And then； in the third place； there is that mass of guiding information yielded by the records of legislation in our own country and in other countries； which still more obviously demands attention。 Here and elsewhere； attempts of multitudinous kinds； made by kings and statesmen； have failed to do the good intended and have worked unexpected evils。 Century after century new measures like the old ones； and other measures akin in principle； have again disappointed hopes and again brought disaster。 And yet it is thought neither by electors nor by those they elect； that there is any need for systematic study of that law…making which in bygone ages went on working the ill…being of the people when it tried to achieve their well…being。 Surely there can be no fitness for legislative functions without the wide knowledge of those legislative experiences which the past has bequeathed。 Reverting； then； to the analogy drawn at the outset； we must say that the legislator is morally blameless or morally blameworthy； according as he has or has not acquainted himself with these several classes of facts。 A physician who； after years of study； has gained a competent knowledge of physiology； pathology and therapeutics； is not held criminally responsible if a man dies under his treatment： he has prepared himself as well as he can； and has acted to the best of his judgment。 Similarly the legislator whose measures produce evil instead of good； notwithstanding the extensive and methodic inquiries which helped him to decide； cannot be held to have committed more than an error of reasoning。 Contrariwise； the legislator who is wholly or in great part uninformed concerning these masses of facts which he must examine before his opinion on a proposed law can be of any value； and who nevertheless helps to pass that law； can no more be absolved if misery and mortality result； than the journeyman druggist can be absolved when death is caused by the medicine he ignorantly prescribes。
NOTES：
1。 Political Institution； sections 437； 573。
2。 Ibid。； sections 471…3。
3。 Lanfrey。 See also Study of Sociology； p。 42； and Appendix。
4。 Constitutional History of England； ii。 p。 617。
5。 Lecky； Rationalism； ii。 293…4。
6。 De Tocqueville； The State of Society in France before the Revolution； p。 421。
7。 Young's Travels； i。 128…9。
8。 Craik's History of British Commerce； i。 134。
9。 Ibid。； 136…7。
10。 Ibid。； 137。
11。 Mensch； iii； p。 225。
12。 The Nineteenth Century； February； 1883。
13。 〃The Statistics of Legislation〃 By F。H。 Jansen； Esq。； F。L。S。； Vice…President ofthe Incorporated Law Society。
14。 Fire Surveys； or； a Summary of the Principles to be observed in Estimating the Risk of Buildings。
15。 See Times； October 6； 1874； where other instances are given。
16。 The State in its Relation to Trade； by Sir Thomas Farrer； p。 147。
17。 Ibid。； p。 149。
18。 Hansard； vol。 clvi。； p。 718； and vol。 clvii。； p。 4464。
19。 Letter of an Ediburgh M。D。 in Times of 17th January； 1876； verifying other testimonies； one of which I had previously cited concerning Windsor； where； as in Edinburgh； there was absolutely no typhoid in the undrained parts； while it was very fatal in the drained parts。 Study in Sociology； chap。 i。； notes。
20。 I say this partly from personal knowledge； having now before me memoranada made 25 years ago； concerning such results produced under my own observation。 Verifying facts have recently been given by Sir Richard Cross in the Nineteenth Century for January； 1884； p。 155。
21。 Nicholl's History of English Poor Law； ii。 p。 252。
22。 See Times； March 31； 1863。
23。 In these paragraphs are contained just a few additional examples。 Numbers which I have before given in books and essays； will be found in Social Statics （1851）： 〃Over…Legislation〃 （1853）； 〃Representative Government〃 （1857）； 〃Specialized Administration〃 （1871）； Study of Sociology （1873）； and Postscript to ditto （1880）； besides cases in smaller essays。
24。 On the Value of Political Economy to Mankind。 by A。N。 Cummings； pp。 47； 48。
25。 The saying of Emerson that most people can understand a principle only when its light falls on a fact； induces me here to cite a fact which may carry home the above principle to those on whom； in its abstract form； it will produce no effect。 It rarely happens that the amount of evil caused by fostering the vicious and good…for…nothing can be estimated。 But in America； at a meeting of the States Charities Aid Association； held on December 18； 1874； a startling instance was given in detail by Dr Harris。 It was furnished by a county on the Upper Hudson； remarkable for the ratio of crime and poverty to population。 Generations ago there had existed a certain 〃gutter…child；〃 as she would be here called； known as 〃Margaret；〃 who proved to be the prolific mother of a prolific race。 Besides great numbers of idiots； imbeciles； drunkards； lunatics； paupers； and prostitutes； 〃the county records show two hundred of her descendants who have been criminals。〃 Was it kindness or cruelty which； generation after generation； enabled these to multiply and become an increasing curse to the society around them？ （For particulars see the Jukes： a Study in Crime； Pauperism； Disease and Heredity； by R。L。 Dugdale； New York； Putnams。）
26。 Mr Chamberlain in Fortnightly Review； December； 1883； p。 772。
THE GREAT POLITICAL SUPERSTITION
The great political superstition of the past was the divine right of kings。 The great political superstition of the present is the divine right of parliaments。 The oil of anointing seems unawares to have dripped from the head of the one on to the heads of the many； and given sacredness to them also and to their decrees。 However irrational we may think the earlier of these beliefs； we must admit that it was more consistent than is the latter。 Whether we go back to times when the king was a god； or to times when he was a descendant of a god； or to times when he was god…appointed； we see good reason for passive obedience to his will。 When； as under Louis XIV； theologians like Bossuet taught that kings 〃are gods； and share in a manner the Divine independence；〃 or when it was thought； as by our own Tory party in old days； that 〃the monarch was the delegate of heaven；〃 it is clear that； given the premise； the inevitable conclusion was that no bounds could be set to governmental commands。 But for the modern belief such a warrant does not exist。 Making no pretension to divine descent or divine appointment； a legislative body can show no supernatural justification for its claim to unlimited authority； and no natural justification has ever been attempted。 Hence； belief in its unlimited authority is without that consistency which of old characterized belief in a king's unlimited authority。 It is curious how commonly men continue to hold in fact； doctrines which they have rejected in name retaining the substance after they have abandoned the form。 In Theology an illustration is supplied by Carlyle； who； in his student days； giving up； as he thought； the creed of his fathers； rejected its shell only； keeping the contents； and was proved by his conceptions of the world； and man； and conduct； to be still among the sternest of Scotch Calvinists。 Similarly； Science furnishes an instance in one who united naturalism in Geology with supernaturalism in Biology Sir Charles Lyell。 While； as the leading expositor of the uniformitarian theory in Geology； he ignored wholly the Mosaic cosmogony； he long defended that belief in special creations of organic types； for which no other source than the Mosaic cosmogony could be assigned； and only in the latter part of his life surrendered to the arguments of Mr Darwin。 In Politics； as above implied； we have an analogous case。 The tacitly…asserted doctrine； common to Tories； Whigs； and Radicals； that governmental authority is unlimited； dates back to times when the law…giver was supposed to have a warrant from God； and it survives still； though the belief that the law…giver has God's warrant has died out。 〃Oh； an
