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第33章

the man versus the state-第33章

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sserting the sacredness of property against private transgressors; we do not ask whether the benefit to a hungry man who takes bread from a baker's shop; is or is not greater than the injury inflicted on the baker: we consider; not the special effects; but the general effects which arise if property is insecure。 But when the State exacts further amounts from citizens; or further restrains their liberties; we consider only the direct and proximate effects; and ignore the indirect and distant effects which are caused when these invasions of individual rights are continually multiplied。 We do not see that by accumulated small infractions of them; the vital conditions of life; individual and social; come to be so imperfectly fulfilled that the life decays。      Yet the decay thus caused becomes manifest where the policy is pushed to an extreme。 Any one who studies; in the writings of MM。 Taine and de Tocqueville; the state of things which preceded the French Revolution; will see that the tremendous catastrophe came about from so excessive a regulation of men's actions in all their details; and such an enormous drafting away of the products of their actions to maintain the regulating organization; that life was fast becoming impracticable。 The empirical utilitarianism of that day; like the empirical utilitarianism of our day; differed from rational utilitarianism in this; that in each successive case it contemplated only the effects of particular interferences on the actions of particular classes of men; and ignored the effects produced by a multiplicity of such interferences on the lives of men at large。 And if we ask what then made; and what now makes; this error possible; we find it to be the political superstition that governmental power is subject to no restraints。      When that 〃divinity〃 which 〃doth hedge a king;〃 and which has left a glamour around the body inheriting his power; has quite died away  when it begins to be seen clearly that; in a popularly…governed nation; the government is simply a committee of management; it will also be seen that this committee of management has no intrinsic authority。 The inevitable conclusion will be that its authority is given by those appointing it; and has just such bounds as they choose to impose。 Along with this will go the further conclusion that the laws it passes are not in themselves sacred; but that whatever sacredness they have; it is entirely due to the ethical sanction  an ethical sanction which; as we find; is derivable from the laws of human life as carried on under social conditions。 And there will come the corollary that when they have not this ethical sanction they have no sacredness; and may rightly be challenged。      The function of Liberalism in the past was that of putting a limit to the powers of kings。 The function of true Liberalism in the future will be that of putting a limit to the powers of Parliaments。 

NOTES:

1。 Hobbes; Collected Works; Vol。 iii; pp。 112…3。

2。 Ibid。; p。 159。

3。 Ibid。; p。 130…1。

4。 The Province of Jurisprudence Determined (second edition); p。 241。

5。 Fortnightly Review in 1880; vol。 xxvii; p。 322。

6。 Bentham's Works; vol。 1; p。 301。

7。 Prescott; Conquest of Peru; bk。 i。; ch。 i。

8。 Harris; Highland of Aethiopia; ii。 94。

9。 Burton; Mission to Gelele; King of Dahome; i。 p。 226。

10。 Bentham's Works; vol。 ix; p。 97。

11。 Burchell; W。J。; Travels in the Interior of Southern Africa; vol。 i; p。 544。

12。 Arbousset and Daumas; Voyage of Exploration; p。 27。

13。 Thompson; G。; Travels and Adventures in Southern Africa; vol。 ii; p。 30。

14。 Thompson; G。A。; Alcedo's Geographical and Historical Dictionary of America; vol。 i; p。 405。

15。 Mitchell; Alex。; Siberian Overland Route; p。 248。

16。 Brooke; C。; Ten Years in Sardwak; vol。 i; p。 129。

17。 Ellis; History of Madagascar; vol。 i; 377。

18。 Raffles; Sir T。S。; History of Java; vol。 i; 274。

19。 Marsden; W。; History of Sumatra; p。 217。

20。 Beecham; J。; Ashante and the Gold Coast; p。 90。

21。 Schoolcraft; H。R。; Expedition to the Sources of the Mississippi River; v。; 177。

22。 Earl's Kolff's Voyage of the Domga; p。 161。

23。 〃The Methods of Jurisprudence: an Introductory Lecture at University College; London;〃 October 31; 1882。

24。 Tennant; Ceylon: an Account of the Island; etc。; ii; 440。

25。 Bonwick; J。; Daily Life and the Origin of the Tasmanians; 83。

26。 Polynesia; p。 86。

27。 Voyages of the Adventure and Beagle; 3 vols。

28。 Wallace; A。R。; Travels on Amazon and Rio Negro; p。 499。

29。 Schoolcraft; Expedition to the Source of the Mississippi; v。; 177。

30。 B。F。 Hartshorne; Fortnightly Review; March; 1876。 See also H。C。 Sirr; Ceylon and the Ceyonese; ii。 219。

31。 Address of C。B。 Vignoles; Esq。; F。R。S。; on his Election as President of the Institution of Civil Engineers; Session; 1869…70; p。 53。

32。 Data of Ethics; section 21。 See also sections 56…62。

POSTSCRIPT

    〃Do I expect this doctrine to meet with any considerable acceptance?〃 I wish I could say; yes; but unhappily various reasons oblige me to conclude that only here and there a solitary citizen may have his political creed modified。 Of these reasons there is one from which all the others originate。      This essential reason is that the restriction of governmental power within the limits assigned; is appropriate to the industrial type of society only; and; while wholly incongruous with the militant type of society; is partially incongruous with that semi…militant semi…industrial type; which now characterizes advanced nations。 At every stage of social evolution there must exist substantial agreement between practices and beliefs  real beliefs I mean; not nominal ones。 Life can be carried on only by the harmonizing of thoughts and acts。 Either the conduct required by circumstances must modify the beliefs to fit it; or else the changed beliefs must eventually modify the conduct。      Hence if the maintenance of social life under one set of conditions; necessitates extreme subordination to a ruler and entire faith in him; there will be established a theory that the subordination and the faith are proper  nay imperative。 Conversely if; under other conditions; great subjection of citizens to government is no longer needful for preservation of the national life  if; contrariwise; the national life becomes larger in amount and higher in quality as fast as citizens gain increased freedom of action; there comes a progressive modification of their political theory; having the result of diminishing their faith in governmental action; increasing their tendency to question governmental authority; and leading them in more numerous cases to resist governmental power: involving; eventually; an established doctrine of limitation。      Thus it is not to be expected that current opinion respecting governmental authority; can at present be modified to any great extent。 But let us look at the necessities of the case more closely。

Manifestly the success of an army depends very much on the faith of the soldiers in their general: disbelief in his ability will go far towards paralysing them in battle; while absolute confidence in him will make them fulfil their respective parts with courage and energy。 If; as in the normally…developed militant type of society; the ruler in peace and the leader in war are one and the same; this confidence in him extends from military action to civil action; and the society; in large measure identical with the army; willingly accepts his judgments as law…giver。 Even where the civil head; ceasing to be the military head; does his generalship by deputy; there still clings to him the traditional faith。      Similarly with the willingness to obey。 Other things equal an army of insubordinate soldiers fails before an army of subordinate soldiers。 Those whose obedience to their leader is perfect and prompt; are obviously more likely to succeed in battle than are those who disregard the commands issued to them。 And as with the army so with the society as a whole; success in war must largely depend on that conformity to the ruler's will which brings men and money when wanted; and adjusts all conduct to his needs。      Thus by survival of the fittest; the militant type 

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