CHAPTER III

THE MOVEMENT OF THEORY

Great changes are not caused by ideas alone; but they are not effected

without ideas. The passions of men must be aroused if the frost of

custom is to be broken or the chains of authority burst; but passion of

itself is blind and its world is chaotic. To be effective men must act

together, and to act together they must have a common understanding and

a common object. When it comes to be a question of any far-reaching

change, they must not merely conceive their own immediate end with

clearness. They must convert others, they must communicate sympathy and

win over the unconvinced. Upon the whole, they must show that their

object is possible, that it is compatible with existing institutions, or

at any rate with some workable form of social life. They are, in fact,

driven on by the requirements of their position to the elaboration of

ideas, and in the end to some sort of social philosophy; and the

philosophies that have driving force behind them are those which arise

after this fashion out of the practical demands of human feeling. The

philosophies that remain ineffectual and academic are those that are

formed by abstract reflection without relation to the thirsty souls of

human kind.

In England, it is true, where men are apt to be shy and unhandy in the

region of theory, the Liberal movement has often sought to dispense with

general principles. In its early days and in its more moderate forms, it

sought its ends under the guise of constitutionalism. As against the

claims of the Stuart monarchy, there was a historic case as well as a

philosophic argument, and the earlier leaders of the Parliament relied

more on precedent than on principle. This method was embodied in the

Whig tradition, and runs on to our own time, as one of the elements that

go to make up the working constitution of the Liberal mind. It is, so to

say, the Conservative element in Liberalism, valuable in resistance to

encroachments, valuable in securing continuity of development, for

purposes of re-construction insufficient. To maintain the old order

under changed circumstances may be, in fact, to initiate a revolution.

It was so in the seventeenth century. Pym and his followers could find

justification for their contentions in our constitutional history, but

to do so they had to go behind both the Stuarts and the Tudors; and to

apply the principles of the fourteenth and fifteenth centuries in 1640

was, in effect, to institute a revolution. In our own time, to maintain

the right of the Commons against the Lords is, on the face of it, to

adhere to old constitutional right, but to do so under the new

circumstances which have made the Commons representative of the nation

as a whole is, in reality, to establish democracy for the first time on

a firm footing, and this, again, is to accomplish a revolution.

Now, those who effect a revolution ought to know whither they are

leading the world. They have need of a social theory--and in point of

fact the more thorough-going apostles of movement always have such a

theory; and though, as we have remarked, the theory emerges from the

practical needs which they feel, and is therefore apt to invest ideas

of merely temporary value with the character of eternal truths, it is

not on this account to be dismissed as of secondary importance. Once

formed, it reacts upon the minds of its adherents, and gives direction

and unity to their efforts. It becomes, in its turn, a real historic

force, and the degree of its coherence and adequacy is matter, not

merely of academic interest, but of practical moment. Moreover, the

onward course of a movement is more clearly understood by appreciating

the successive points of view which its thinkers and statesmen have

occupied than by following the devious turnings of political events and

the tangle of party controversy. The point of view naturally affects the

whole method of handling problems, whether speculative or practical, and

to the historian it serves as a centre around which ideas and policies

that perhaps differ, and even conflict with one another, may be so

grouped as to show their underlying affinities. Let us then seek to

determine the principal points of view which the Liberal movement has

occupied, and distinguish the main types of theory in which the passion

for freedom has sought to express itself.

The first of these types I will call the theory of the Natural Order.

The earlier Liberalism had to deal with authoritarian government in

church and state. It had to vindicate the elements of personal, civil,

and economic freedom; and in so doing it took its stand on the rights of

man, and, in proportion as it was forced to be constructive, on the

supposed harmony of the natural order. Government claimed supernatural

sanction and divine ordinance. Liberal theory replied in effect that the

rights of man rested on the law of Nature, and those of government on

human institution. The oldest "institution" in this view was the

individual, and the primordial society the natural grouping of human

beings under the influence of family affection, and for the sake of

mutual aid. Political society was a more artificial arrangement, a

convention arrived at for the specific purpose of securing a better

order and maintaining the common safety. It was, perhaps, as Locke held,

founded on a contract between king and people, a contract which was

brought to an end if either party violated its terms. Or, as in

Rousseau's view, it was essentially a contract of the people with one

another, an arrangement by means of which, out of many conflicting

individual wills, a common or general will could be formed. A government

might be instituted as the organ of this will, but it would, from the

nature of the case, be subordinate to the people from whom it derived

authority. The people were sovereign. The government was their delegate.

Whatever the differences of outlook that divide these theories, those

who from Locke to Rousseau and Paine worked with this order of ideas

agreed in conceiving political society as a restraint to which men

voluntarily submitted themselves for specific purposes. Political

institutions were the source of subjection and inequality. Before and

behind them stood the assemblage of free and equal individuals. But the

isolated individual was powerless. He had rights which were limited only

by the corresponding rights of others, but he could not, unless chance

gave him the upper hand, enforce them. Accordingly, he found it best to

enter into an arrangement with others for the mutual respect of rights;

and for this purpose he instituted a government to maintain his rights

within the community and to guard the community from assault from

without. It followed that the function of government was limited and

definable. It was to maintain the natural rights of man as accurately as

the conditions of society allowed, and to do naught beside. Any further

action employing the compulsory power of the State was of the nature of

an infringement of the understanding on which government rested. In

entering into the compact, the individual gave up so much of his rights

as was necessitated by the condition of submitting to a common rule--so

much, and no more. He gave up his natural rights and received in return

civil rights, something less complete, perhaps, but more effective as

resting on the guarantee of the collective power. If you would discover,

then, what the civil rights of man in society should be, you must

inquire what are the natural rights of man,[4] and how far they are

unavoidably modified in accommodating the conflicting claims of men

with one another. Any interference that goes beyond this necessary

accommodation is oppression. Civil rights should agree as nearly as

possible with natural rights, or, as Paine says, a civil right is a

natural right exchanged.

This conception of the relations of the State and the individual long

outlived the theory on which it rested. It underlies the entire teaching

of the Manchester school. Its spirit was absorbed, as we shall see, by

many of the Utilitarians. It operated, though in diminishing force,

throughout the nineteenth century; and it is strongly held by

contemporary Liberals like M. Faguet, who frankly abrogate its

speculative foundations and rest their case on social utility. Its

strength is, in effect, not in its logical principles, but in the

compactness and consistency which it gives to a view of the functions of

the State which responds to certain needs of modern society. As long as

those needs were uppermost, the theory was of living value. In

proportion as they have been satisfied and other needs have emerged, the

requirement has arisen for a fuller and sounder principle.

But there was another side to the theory of nature which we must not

ignore. If in this theory government is the marplot and authority the

source of oppression and stagnation, where are the springs of progress

and civilization? Clearly, in the action of individuals. The more the

individual receives free scope for the play of his faculties, the more

rapidly will society as a whole advance. There are here the elements of

an important truth, but what is the implication? If the individual is

free, any two individuals, each pursuing his own ends, may find

themselves in conflict. It was, in fact, the possibility of such

conflict which was recognized by our theory as the origin and foundation

of society. Men had to agree to some measure of mutual restraint in

order that their liberty might be effective. But in the course of the

eighteenth century, and particularly in the economic sphere, there arose

a view that the conflict of wills is based on misunderstanding and

ignorance, and that its mischiefs are accentuated by governmental

repression. At bottom there is a natural harmony of interests. Maintain

external order, suppress violence, assure men in the possession of their

property, and enforce the fulfilment of contracts, and the rest will go

of itself. Each man will be guided by self-interest, but interest will

lead him along the lines of greatest productivity. If all artificial

barriers are removed, he will find the occupation which best suits his

capacities, and this will be the occupation in which he will be most

productive, and therefore, socially, most valuable. He will have to sell

his goods to a willing purchaser, therefore he must devote himself to

the production of things which others need, things, therefore, of social

value. He will, by preference, make that for which he can obtain the

highest price, and this will be that for which, at the particular time

and place and in relation to his particular capacities, there is the

greatest need. He will, again, find the employer who will pay him best,

and that will be the employer to whom he can do the best service.

Self-interest, if enlightened and unfettered, will, in short, lead him

to conduct coincident with public interest. There is, in this sense, a

natural harmony between the individual and society. True, this harmony

might require a certain amount of education and enlightenment to make it

effective. What it did not require was governmental "interference,"

which would always hamper the causes making for its smooth and

effectual operation. Government must keep the ring, and leave it for

individuals to play out the game. The theory of the natural rights of

the individual is thus supplemented by a theory of the mutual harmony of

individual and social needs, and, so completed, forms a conception of

human society which is _primâ facie_ workable, which, in fact, contains

important elements of truth, and which was responsive to the needs of a

great class, and to many of the requirements of society as a whole,

during a considerable period.

On both sides, however, the theory exhibits, under criticism,

fundamental weaknesses which have both a historical and a speculative

significance. Let us first consider the conception of natural rights.

What were these rights, and on what did they rest? On the first point

men sought to be explicit. By way of illustration we cannot do better

than quote the leading clauses of the Declaration of 1789.[5]

_Article I._--Men are born and remain free and equal in rights. Social

distinctions can only be founded on common utility.

_Article II._--The end of every political association is the

conservation of the natural and imprescriptible rights of man.[6] These

rights are liberty, property, security (_la sûreté_), and resistance to

oppression.

_Article III._--The principle of all sovereignty resides essentially in

the nation....

_Article IV._--Liberty consists in the power to do anything that does

not injure others; thus, the exercise of the natural rights of every man

has only such limits as assure to other members of society the enjoyment

of the same rights. These limits can only be determined by law.

_Article VI._--The law is the expression of the general will. All

citizens have a right to take part (_concourir_), personally or by their

representatives, in its formation.

The remainder of this article insists on the impartiality of law and the

equal admission of all citizens to office. The Declaration of 1793 is

more emphatic about equality, and more rhetorical. Article III reads,

"All men are equal by nature and before the law."

It is easy to subject these articles to a niggling form of criticism in

which their spirit is altogether missed. I would ask attention only to

one or two points of principle.

(_a_) What are the rights actually claimed? "Security" and "resistance

to oppression" are not in principle distinct, and, moreover, may be

taken as covered by the definition of liberty. The meaning at bottom is

"Security for liberty in respect of his person and property is the right

of every man." So expressed, it will be seen that this right postulates

the existence of an ordered society, and lays down that it is the duty

of such a society to secure the liberty of its members. The right of the

individual, then, is not something independent of society, but one of

the principles which a good social order must recognize.

(_b_) Observe that equality is limited by the "common utility," and that

the sphere of liberty is ultimately to be defined by "law." In both

cases we are referred back from the individual either to the needs or to

the decision of society as a whole. There are, moreover, two

definitions of liberty. (1) It is the power to do what does not injure

others. (2) It is a right limited by the consideration that others must

enjoy the same rights. It is important to bear in mind that these two

definitions are highly discrepant. If my right to knock a man down is

only limited by his equal right to knock me down, the law has no

business to interfere when we take to our fists. If, on the other hand,

I have no right to injure another, the law should interfere. Very little

reflection suffices to show that this is the sounder principle, and that

respect for the equal liberty of another is not an adequate definition

of liberty. My right to keep my neighbour awake by playing the piano all

night is not satisfactorily counterbalanced by his right to keep a dog

which howls all the time the piano is being played. The right of a

"sweater" to pay starvation wages is not satisfactorily limited by the

corresponding right which his employee would enjoy if he were in a

position to impose the same terms on some one else. Generally, the right

to injure or take advantage of another is not sufficiently limited by

the right of that other if he should have the power to retaliate in

kind. There is no right to injure another; and if we ask what is injury

we are again thrown back on some general principle which will override

the individual claim to do what one will.

(_c_) The doctrine of popular sovereignty rests on two principles. (1)

It is said to reside in the nation. Law is the expression of the general

will. Here the "nation" is conceived as a collective whole, as a unit.

(2) Every citizen has the right to take part in making the law. Here the

question is one of individual right. Which is the real ground of

democratic representation--the unity of the national life, or the

inherent right of the individual to be consulted about that which

concerns himself?

Further, and this is a very serious question, which is the ultimate

authority--the will of the nation, or the rights of the individual?

Suppose the nation deliberately decides on laws which deny the rights of

the individual, ought such laws to be obeyed in the name of popular

sovereignty, or to be disobeyed in the name of natural rights? It is a

real issue, and on these lines it is unfortunately quite insoluble.

These difficulties were among the considerations which led to the

formation of the second type of Liberal theory, and what has to be said

about the harmony of the natural order may be taken in conjunction with

this second theory to which we may now pass, and which is famous as The

Greatest Happiness Principle.

Bentham, who spent the greater part of his life in elaborating the

greatest happiness principle as a basis of social reconstruction, was

fully alive to the difficulties which we have found in the theory of

natural rights. The alleged rights of man were for him so many

anarchical fallacies. They were founded on no clearly assignable

principle, and admitted of no demonstration. "I say I have a right." "I

say you have no such right." Between the disputants who or what is to

decide? What was the supposed law of nature? When was it written, and by

whose authority? On what ground do we maintain that men are free or

equal? On what principle and within what limits do we or can we maintain

the right of property? There were points on which, by universal

admission, all these rights have to give way. What is the right of

property worth in times of war or of any overwhelming general need? The

Declaration itself recognized the need of appeal to common utility or to

the law to define the limits of individual right. Bentham would frankly

make all rights dependent on common utility, and therewith he would make

it possible to examine all conflicting claims in the light of a general

principle. He would measure them all by a common standard. Has a man the

right to express his opinion freely? To determine the question on

Bentham's lines we must ask whether it is, on the whole, useful to

society that the free expression of opinion should be allowed, and this,

he would say, is a question which may be decided by general reasoning

and by experience of results. Of course, we must take the rough with the

smooth. If the free expression of opinion is allowed, false opinion will

find utterance and will mislead many. The question would be, does the

loss involved in the promulgation of error counterbalance the gain to be

derived from unfettered discussion? and Bentham would hold himself free

to judge by results. Should the State maintain the rights of private

property? Yes, if the admission of those rights is useful to the

community as a whole. No, if it is not useful. Some rights of property,

again, may be advantageous, others disadvantageous. The community is

free to make a selection. If it finds that certain forms of property are

working to the exclusive benefit of individuals and the prejudice of the

common weal, it has good ground for the suppression of those forms of

property, while it may, with equal justice, maintain other forms of

property which it holds sound as judged by the effect on the common

welfare. It is limited by no "imprescriptible" right of the individual.

It may do with the individual what it pleases provided that it has the

good of the whole in view. So far as the question of right is concerned

the Benthamite principle might be regarded as decidedly socialistic or

even authoritarian. It contemplates, at least as a possibility, the

complete subordination of individual to social claims.

There is, however, another side to the Benthamite principle, to

understand which we must state the heads of the theory itself as a

positive doctrine. What is this social utility of which we have spoken?

In what does it consist? What is useful to society, and what harmful?

The answer has the merit of great clearness and simplicity. An action

is good which tends to promote the greatest possible happiness of the

greatest possible number of those affected by it. As with an action, so,

of course, with an institution or a social system. That is useful which

conforms to this principle. That is harmful which conflicts with it.

That is right which conforms to it, that is wrong which conflicts with

it. The greatest happiness principle is the one and supreme principle of

conduct. Observe that it imposes on us two considerations. One is the

_greatest_ happiness. Now happiness is defined as consisting positively

in the presence of pleasure, negatively in the absence of pain. A

greater pleasure is then preferable to a lesser, a pleasure

unaccompanied by pain to one involving pain. Conceiving pain as a minus

quantity of pleasure, we may say that the principle requires us always

to take quantity and pleasure into account, and nothing else. But,

secondly, the _number_ of individuals affected is material. An act might

cause pleasure to one and pain to two. Then it is wrong, unless, indeed,

the pleasure were very great and the pain in each case small. We must

balance the consequences, taking all individuals affected into account,

and "everybody must count for one and nobody for more than one." This

comment is an integral part of the original formula. As between the

happiness of his father, his child, or himself, and the happiness of a

stranger, a man must be impartial. He must only consider the quantity of

pleasure secured or pain inflicted.

Now, in this conception of measurable quantities of pleasure and pain

there is, as many critics have insisted, something unreal and academic.

We shall have to return to the point, but let us first endeavour to

understand the bearing of Bentham's teaching on the problems of his own

time and on the subsequent development of Liberal thought. For this

purpose we will keep to what is real in his doctrine, even if it is not

always defined with academic precision. The salient points that we note,

then, are (1) the subordination of all considerations of right to the

considerations of happiness, (2) the importance of number, and (3) as

the other side of the same doctrine, the insistence on equality or

impartiality between man and man. The common utility which Bentham

considers is the happiness experienced by a number of individuals, all

of whom are reckoned for this purpose as of equal value. This is the

radical individualism of the Benthamite creed, to be set against that

socialistic tendency which struck us in our preliminary account.

In this individualism, equality is fundamental. Everybody is to count

for one, nobody for more than one, for every one can feel pain and

pleasure. Liberty, on the other hand, is not fundamental, it is a means

to an end. Popular sovereignty is not fundamental, for all government is

a means to an end. Nevertheless, the school of Bentham, upon the whole,

stood by both liberty and democracy. Let us consider their attitude.

As to popular government, Bentham and James Mill reasoned after this

fashion. Men, if left to themselves, that is to say, if neither trained

by an educational discipline nor checked by responsibility, do not

consider the good of the greatest number. They consider their own good.

A king, if his power is unchecked, will rule in his own interest. A

class, if its power is unchecked, will rule in its own interest. The

only way to secure fair consideration for the happiness of all is to

allow to all an equal share of power. True, if there is a conflict the

majority will prevail, but they will be moved each by consideration of

his own happiness, and the majority as a whole, therefore, by the

happiness of the greater number. There is no inherent right in the

individual to take a part in government. There is a claim to be

considered in the distribution of the means of happiness, and to share

in the work of government as a means to this end. It would follow, among

other things, that if one man or one class could be shown to be so much

wiser and better than others that his or their rule would, in fact,

conduce more to the happiness of the greater number than a popular

system, then the business of government ought to be entrusted to that

man or that class and no one else ought to interfere with it.

The whole argument, however, implies a crude view of the problem of

government. It is, of course, theoretically possible that a question

should present itself, detached from other questions, in which a

definite measurable interest of each of the seven millions or more of

voters is at stake. For example, the great majority of English people

drink tea. Comparatively few drink wine. Should a particular sum be

raised by a duty on tea or on wine? Here the majority of tea-drinkers

have a measurable interest, the same in kind and roughly the same in

degree for each; and the vote of the majority, if it could be taken on

this question alone and based on self-interest alone, might be conceived

without absurdity as representing a sum of individual interests. Even

here, however, observe that, though the greatest number is considered,

the greatest happiness does not fare so well. For to raise the same sum

the tax on wine will, as less is drunk, have to be much larger than the

tax on tea, so that a little gain to many tea-drinkers might inflict a

heavy loss on the few wine-drinkers, and on the Benthamite principle it

is not clear that this would be just. In point of fact it is possible

for a majority to act tyrannically, by insisting on a slight convenience

to itself at the expense, perhaps, of real suffering to a minority. Now

the Utilitarian principle by no means justifies such tyranny, but it

does seem to contemplate the weighing of one man's loss against

another's gain, and such a method of balancing does not at bottom

commend itself to our sense of justice. We may lay down that if there is

a rational social order at all it must be one which never rests the

essential indispensable condition of the happiness of one man on the

unavoidable misery of another, nor the happiness of forty millions of

men on the misery of one. It may be temporarily expedient, but it is

eternally unjust, that one man should die for the people.

We may go further. The case of the contemplated tax is, as applied to

the politics of a modern State, an unreal one. Political questions

cannot be thus isolated. Even if we could vote by referendum on a

special tax, the question which voters would have to consider would

never be the revenue from and the incidence of that tax alone. All the

indirect social and economic bearings of the tax would come up for

consideration, and in the illustration chosen people would be swayed,

and rightly swayed, by their opinion, for example, of the comparative

effects of tea-drinking and wine-drinking. No one element of the social

life stands separate from the rest, any more than any one element of the

animal body stands separate from the rest. In this sense the life of

society is rightly held to be organic, and all considered public policy

must be conceived in its bearing on the life of society as a whole. But

the moment that we apply this view to politics, the Benthamite mode of

stating the case for democracy is seen to be insufficient. The interests

of every man are no doubt in the end bound up with the welfare of the

whole community, but the relation is infinitely subtle and indirect.

Moreover, it takes time to work itself out, and the evil that is done in

the present day may only bear fruit when the generation that has done it

has passed away. Thus, the direct and calculable benefit of the majority

may by no means coincide with the ultimate good of society as a whole;

and to suppose that the majority must, on grounds of self-interest,

govern in the interests of the community as a whole is in reality to

attribute to the mass of men full insight into problems which tax the

highest efforts of science and of statesmanship. Lastly, to suppose that

men are governed entirely by a sense of their interests is a many-sided

fallacy. Men are neither so intelligent nor so selfish. They are swayed

by emotion and by impulse, and both for good and for evil they will lend

enthusiastic support to courses of public policy from which, as

individuals, they have nothing to gain. To understand the real value of

democratic government, we shall have to probe far deeper into the

relations of the individual and society.

I turn lastly to the question of liberty. On Benthamite principles there

could be no question here of indefeasible individual right. There were

even, as we saw, possibilities of a thorough-going Socialism or of an

authoritarian paternalism in the Benthamite principle. But two great

considerations told in the opposite direction. One arose from the

circumstances of the day. Bentham, originally a man of somewhat

conservative temper, was driven into Radicalism comparatively late in

life by the indifference or hostility of the governing classes to his

schemes of reform. Government, as he saw it, was of the nature of a

close corporation with a vested interest hostile to the public weal, and

his work is penetrated by distrust of power as such. There was much in

the history of the time to justify his attitude. It was difficult at

that time to believe in an honest officialdom putting the commonwealth

above every personal or corporate interest, and reformers naturally

looked to individual initiative as the source of progress. Secondly,

and this was a more philosophic argument, the individual was supposed to

understand his own interest best, and as the common good was the sum of

individual interests, it followed that so far as every man was free to

seek his own good, the good of the greatest number would be most

effectually realized by general freedom of choice. That there were

difficulties in reconciling self-interest with the general good was not

denied. But men like James Mill, who especially worked at this side of

the problem, held that they could be overcome by moral education.

Trained from childhood to associate the good of others with his own, a

man would come, he thought, to care for the happiness of others as for

the happiness of self. For, in the long run, the two things were

coincident. Particularly in a free economic system, as remarked above,

each individual, moving along the line of greatest personal profit,

would be found to fulfil the function of greatest profit to society. Let

this be understood, and we should have true social harmony based on the

spontaneous operation of personal interest enlightened by intelligence

and chastened by the discipline of unruly instinct.

Thus, though their starting-point was different, the Benthamites arrived

at practical results not notably divergent from those of the doctrine of

natural liberty; and, on the whole, the two influences worked together

in the formation of that school who in the reform period exercised so

notable an influence on English Liberalism, and to whose work we must

now turn.

FOOTNOTES:

[4] _Cf._ the preamble to the Declaration of the Rights of Man by the

French National Assembly in 1789. The Assembly lays down "the natural,

inalienable, and sacred rights of man," in order, among other things,

"that the acts of the legislative power and those of the executive

power, being capable of being at every instant compared with the end of

every political institution, may be more respected accordingly."

[5] The comparison of the Declaration of the Assembly in 1789 with that

of the Convention in 1793 is full of interest, both for the points of

agreement and difference, but would require a lengthy examination. I

note one or two points in passing.

[6] Contrast 1793, Art. I: "The end of society is the common happiness.

Government is instituted to guarantee to man the enjoyment of his

natural and imprescriptible rights."

Liberalism · 第 3 / 9 章