the man versus the state-第30章
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reed； and with it accept the implication that life in general being an evil should be put an end to； then there is no ethical warrant for these actions by which life is maintained： the whole question drops。 But if we adopt either the optimist view or the meliorist view if we say that life on the whole brings more pleasure than pain； or that it is on the way to become such that it will yield more pleasure than pain； then these actions by which life is maintained are justified； and there results a warrant for the freedom to perform them。 Those who hold that life is valuable； hold； by implication； that men ought not to be prevented from caring on life…sustaining activities。 In other words； if it is said to be 〃right〃 that they should carry them on； then； by permutation； we get the assertion that they 〃have a right〃 to carry them on。 Clearly the conception of 〃natural rights〃 originates in recognition of the truth that if life is justifiable； there must be a justification for the performance of acts essential to its preservation； and； therefore； a justification for those liberties and claims which make such acts possible。 But being true of other creatures as of man； this is a proposition lacking ethical character。 Ethical character arises only with the distinction between what the individual may do in caring on his life…sustaining activities； and what he may not do。 This distinction obviously results from the presence of his fellows。 Among those who are in close proximity； or even at some distance apart； the doings of each are apt to interfere with the doings of others； and in the absence of proof that some may do what they will without limit； while others may not； mutual limitation is necessitated。 The non…ethical form of the right to pursue ends； passes into the ethical form； when there is recognized the difference between acts which can be performed without transgressing the limits； and others which cannot be so performed。 This； which is the a priori conclusion； is the conclusion yielded a posteriori； when we study the doings of the uncivilized。 In its vaguest form； mutual limitation of spheres of action； and the ideas and sentiments associated with it； are seen in the relations of groups to one another。 Habitually there come to be established； certain bounds to the territories within which each tribe obtains its livelihood； and these bounds； when not respected； are defended。 Among the Wood…Veddahs； who have no political organization； the small clans have their respective portions of forest； and 〃these conventional allotments are always honourably recognized。〃（24*） Of the ungoverned tribes of Tasmania； we are told that 〃their hunting grounds were all determined； and trespassers were liable to attack。〃（25*） And； manifestly； the quarrels caused among tribes by intrusions on one another's territories； tend； in the long run； to fix bounds and to give a certain sanction to them。 As with each inhabited area； so with each inhabiting group。 A death in one； rightly or wrongly ascribed to somebody in another； prompts 〃the sacred duty of blood…revenge；〃 and though retaliations are thus made chronic； some restraint is put on new aggressions。 Like causes worked like effects in those early stages of civilized societies； during which families or clans； rather than individuals； were the political units； and during which each family or clan had to maintain itself and its possessions against others such。 This mutual restraint； which in the nature of things arises between small communities； similarly arises between individuals in each community； and the ideas and usages appropriate to the one are more or less appropriate to the other。 Though within each group there is ever a tendency for the stronger to aggress on the weaker； yet； in most cases； consciousness of the evils resulting from aggressive conduct serves to restrain。 Everywhere among primitive peoples； trespasses are followed by counter…trespasses。 Says Turner of the Tannese； 〃adultery and some other crimes are kept in check by the fear of club…law。〃（26*） Fitzroy tells us that the Patagonian； 〃if he does not injure or offend his neighbour； is not interfered with by others：〃（27*） personal vengeance being the penalty for injury。 We read of the Uaupes that 〃they have very little law of any kind； but what they have is of strict retaliation； an eye for an eye and a tooth for a tooth。〃（28*） And that the lex talionis tends to establish a distinction between what each member of the community may safely do and what he may not safely do； and consequently to give sanctions to actions within a certain range but not beyond that range； is obvious。 Though； says Schoolcraft of the Chippewayans； they 〃have no regular government； as every man is lord in his own family； they are influenced more or less by certain principles which conduce to their general benefit：〃（29*） one of the principles named being recognition of private property。 How mutual limitation of activities originates the ideas and sentiments implied by the phrase 〃natural rights；〃 we are shown most distinctly by the few peaceful tribes which have either nominal governments or none at all。 Beyond those facts which illustrate scrupulous regard for one another's claims among the Todas； Santals； Lepchas； Bodo； Chakmas； Jakuns； Arafuras； etc。； we have the fact that the utterly uncivilized Wood…Veddahs； without any social organization at all； 〃think it perfectly inconceivable that any person should ever take that which does not belong to him； or strike his fellow； or say anything that is untrue。〃（30*） Thus it becomes clear； alike from analysis of causes and observation of facts； that while the positive element in the right to carry on life…sustaining activities； originates from the laws of life； that negative element which gives ethical character to it； originates from the conditions produced by social aggregation。 So alien to the truth； indeed； is the alleged creation of rights by government； that； contrariwise； rights having been established more or less clearly before government arises； become obscured as government develops along with that militant activity which； both by the taking of slaves and the establishment of ranks； produces status； and the recognition of rights begins again to get definiteness only as fast as militancy ceases to be chronic and governmental power declines。
When we turn from the life of the individual to the life of the society； the same lesson is taught us。 Though mere love of companionship prompts primitive men to live in groups； yet the chief prompter is experience of the advantages to be derived from co…operation。 On what condition only can co…operation arise？ Evidently on condition that those who join their efforts severally gain by doing so。 If； as in the simplest cases； they unite to achieve something which each by himself cannot achieve； or can achieve less readily； it must be on the tacit understanding； either that they shall share the benefit （as when game is caught by a party of them） or that if one reaps all the benefit now （as in building a hut or clearing a plot） the others shall severally reap equivalent benefits in their turns。 When； instead of efforts joined in doing the same thing； different things are effected by them when division of labour arises； with accompanying barter of products； the arrangement implies that each； in return for something which he has in superfluous quantity； gets an approximate equivalent of something which he wants。 If he hands over the one and does not get the other； future proposals to exchange will meet with no response。 There will be a reversion to that rudest condition in which each makes everything for himself。 Hence the possibility of co…operation depends on fulfilment of contract； tacit or overt。 Now this which we see must hold of the very first step towards that industrial organization by which the life of a society is maintained； must hold more or less fully throughout its development。 Though the militant type of organization； with its system of status produced by chronic war； greatly obscures these relations of contract； yet they remain partially in force。 They still hold between freemen； and between the heads of those small groups which fo
