the man versus the state-第29章
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tions of claims and recognitions of claims which naturally originate from the individual desires of men who have to live in presence of one another。 Comparative Sociology discloses another group of facts having the same implication。 Along with social progress it becomes in an increasing degree the business of the State； not only to give formal sanction to men's rights； but also to defend them against aggressors。 Before permanent government exists； and in many cases after it is considerably developed； the rights of each individual are asserted and maintained by himself； or by his family。 Alike among savage tribes at present； among civilized peoples in the past； and even now in unsettled parts of Europe； the punishment for murder is a matter of private concern： 〃the sacred duty of blood revenge〃 devolves on some one of a cluster of relatives。 Similarly； compensations for aggressions on property and for injuries of other kinds； are in early states of society independently sought by each man or family。 But as social organization advances； the central ruling power undertakes more and more to secure to individuals their personal safety； the safety of their possessions； and； to some extent； the enforcement of their claims established by contract。 Originally concerned almost exclusively with defence of the society as a whole against other societies； or with conducting its attack on other societies； Government has come more and more to discharge the function of defending individuals against one another。 It needs but to recall the days when men habitually carried weapons； or to bear in mind the greater safety to person and property achieved by improved police…administration during our own time； or to note the increased facilities now given for recovering small debts； to see that the insuring to each individual the unhindered pursuit of the objects of life； within limits set by others' like pursuits； is more and more recognized as a duty of the State。 In other words； along with social progress； there goes not only a fuller recognition of these which we call natural rights； but also a better enforcement of them by Government： Government becomes more and more the servant to these essential pre…requisites for individual welfare。 An allied and still more significant change has accompanied this。 In early stages； at the same time that the State failed to protect the individual against aggression； it was itself an aggressor in multitudinous ways。 Those ancient societies which progressed enough to leave records； having all been conquering societies； show us everywhere the traits of the militant regime。 As； for the effectual organization of fighting bodies； the soldiers； absolutely obedient； must act independently only when commanded to do it； so； for the effectual organization of fighting societies； citizens must have their individualities subordinated。 Private claims are over…ridden by public claims； and the subject loses much of his freedom of action。 One result is that the system of regimentation； pervading the society as well as the army； causes detailed regulation of conduct。 The dictates of the ruler； sanctified by ascription of them to his divine ancestor； are unrestrained by any conception of individual liberty； and they specify men's actions to an unlimited extent down to kinds of food eaten； modes of preparing them； shaping of beards； fringing of dresses； sowing of grain； etc。 This omnipresent control； which the ancient Eastern nations in general exhibited； was exhibited also in large measure by the Greeks； and was carried to its greatest pitch in the most militant city； Sparta。 Similarly during medieval days throughout Europe； characterized by chronic warfare with its appropriate political forms and ideas； there were scarcely any bounds to Governmental interference： agriculture； manufactures； trade； were regulated in detail； religious beliefs and observances were imposed； and rulers said by whom alone furs might be worn； silver used； books issued； pigeons kept； etc。 etc。 But along with increase of industrial activities； and implied substitution of the regime of contract for the regime of status； and growth of associated sentiments； there went （until the recent reaction accompanying reversion to militant activity） a decrease of meddling with people's doings。 Legislation gradually ceased to regulate the cropping of fields； or dictate the ratio of cattle to acreage； or specify modes of manufacture and materials to be used； or fix wages and prices； or interfere with dresses and games （except where there was gambling）； or put bounties and penalties on imports or exports； or prescribe men's beliefs； religious or political； or prevent them from combining as they pleased； or travelling where they liked。 That is to say； throughout a large range of conduct； the right of the citizen to uncontrolled action has been made good against the pretensions of the State to control him。 While the ruling agency has increasingly helped him to exclude intruders from that private sphere in which he pursues the objects of life； it has itself retreated from that sphere； or； in other words decreased its intrusions。 Not even yet have we noted all the classes of facts which tell the same story。 It is told afresh in the improvements and reforms of law itself； as well as in the admissions and assertions of those who have effected them。 〃So early as the fifteenth century；〃 says Professor Pollock； 〃we find a common…law judge declaring that； as in a case unprovided for by known rules the civilians and canonists devise a new rule according to 'the law of nature which is the ground of all laws；' the Courts of Westminster can and will do the like。〃（23*） Again； our system of Equity； introduced and developed as it was to make up for the shortcomings of Common…law； or rectify its inequities； proceeded throughout on a recognition of men's claims considered as existing apart from legal warrant。 And the changes of law now from time to time made after resistance； are similarly made in pursuance of current ideas concerning the requirements of justice： ideas which； instead of being derived from the law； are opposed to the law。 For example； that recent Act which gives to a married woman a right of property in her own earnings； evidently originated in the consciousness that the natural connexion between labour expended and benefit enjoyed； is one which should be maintained in all cases。 The reformed law did not create the right； but recognition of the right created the reformed law。 Thus； historical evidences of five different kinds unite in teaching that； confused as are the popular notions concerning rights； and including； as they do； a great deal which should be excluded； yet they shadow forth a truth。 It remains now to consider the original source of this truth。 In a previous paper I have spoken of the open secret； that there can be no social phenomena but what； if we analyse them to the bottom； bring us down to the laws of life； and that there can be no true understanding of them without reference to the laws of life。 Let us； then； transfer this question of natural rights from the court of politics to the court of science the science of life。 The reader need feel no alarm： its simplest and most obvious facts will suffice。 We will contemplate first the general conditions to individual life； and then the general conditions to social life。 We shall find that both yield the same verdict。
Animal life involves waste； waste must be met by repair； repair implies nutrition。 Again； nutrition presupposes obtainment of food； food cannot be got without powers of prehension； and； usually； of locomotion； and that these powers may achieve their ends； there must be freedom to move about。 If you shut up a mammal in a small space； or tie its limbs together； or take from it the food it has procured； you eventually； by persistence in one or other of these courses； cause its death。 Passing a certain point； hindrance to the fulfilment of these requirements is fatal。 And all this； which holds of the higher animals at large； of course holds of man。 If we adopt pessimism as a creed； and with it accept the implication that life in general being an evil should be put an end to；
