CHAPTER V

GOVERNMENT AND LAW

GOVERNMENT and Law, in their very essence, consist

of restrictions on freedom, and freedom is the

greatest of political goods.[46] A hasty reasoner might

conclude without further ado that Law and government

are evils which must be abolished if freedom

is our goal. But this consequence, true or false, cannot

be proved so simply. In this chapter we shall

examine the arguments of Anarchists against law and

the State. We shall proceed on the assumption that

freedom is the supreme aim of a good social system;

but on this very basis we shall find the Anarchist

contentions very questionable.

[46] I do not say freedom is the greatest of ALL goods: the best

things come from within--they are such things as creative art,

and love, and thought. Such things can be helped or hindered

by political conditions, but not actually produced by them; and

freedom is, both in itself and in its relation to these other goods

the best thing that political and economic conditions can secure.

Respect for the liberty of others is not a natural

impulse with most men: envy and love of power lead

ordinary human nature to find pleasure in interferences

with the lives of others. If all men's actions

were wholly unchecked by external authority, we

should not obtain a world in which all men would be

free. The strong would oppress the weak, or the

majority would oppress the minority, or the lovers

of violence would oppress the more peaceable people.

I fear it cannot be said that these bad impulses are

WHOLLY due to a bad social system, though it must

be conceded that the present competitive organization

of society does a great deal to foster the worst

elements in human nature. The love of power is an

impulse which, though innate in very ambitious men,

is chiefly promoted as a rule by the actual experience

of power. In a world where none could acquire

much power, the desire to tyrannize would be much

less strong than it is at present. Nevertheless, I

cannot think that it would be wholly absent, and

those in whom it would exist would often be men of

unusual energy and executive capacity. Such men,

if they are not restrained by the organized will of

the community, may either succeed in establishing

a despotism, or, at any rate, make such a vigorous

attempt as can only be defeated through a period

of prolonged disturbance. And apart from the love

or political power, there is the love of power over

individuals. If threats and terrorism were not prevented

by law, it can hardly be doubted that cruelty would

be rife in the relations of men and women, and of

parents and children. It is true that the habits of

a community can make such cruelty rare, but these

habits, I fear, are only to be produced through the

prolonged reign of law. Experience of backwoods

communities, mining camps and other such places

seems to show that under new conditions men easily

revert to a more barbarous attitude and practice.

It would seem, therefore, that, while human nature

remains as it is, there will be more liberty for all in a

community where some acts of tyranny by individuals

are forbidden, than in a community where the law

leaves each individual free to follow his every impulse.

But, although the necessity of some form of government

and law must for the present be conceded, it is

important to remember that all law and government

is in itself in some degree an evil, only justifiable when

it prevents other and greater evils. Every use of the

power of the State needs, therefore, to be very closely

scrutinized, and every possibility of diminishing its

power is to be welcomed provided it does not lead to

a reign of private tyranny.

The power of the State is partly legal, partly

economic: acts of a kind which the State dislikes can

be punished by the criminal law, and individuals who

incur the displeasure of the State may find it hard

to earn a livelihood.

The views of Marx on the State are not very

clear. On the one hand he seems willing,, like the

modern State Socialists, to allow great power to the

State, but on the other hand he suggests that when

the Socialist revolution has been consummated, the

State, as we know it, will disappear. Among the

measures which are advocated in the Communist

Manifesto as immediately desirable, there are several

which would very greatly increase the power of

the existing State. For example, ``Centralization

of credit in the hands of the State, by means of a

national bank with State capital and an exclusive

monopoly;'' and again, ``Centralization of the

means of communication and transport in the hands

of the State.'' But the Manifesto goes on to say:

When, in the course of development, class distinctions

have disappeared, and all production has been concentrated

in the hands of a vast association of the whole

nation, the public power will lose its political character.

Political power, properly so called, is merely the organised

power of one class for oppressing another. If the

proletariat during its contest with the bourgeoisie is

compelled, by the force of circumstances, to organize

itself as a class, if, by means of a revolution, it makes

itself the ruling class, and, as such, sweeps away by

force the old conditions of production, then it will,

along with these conditions, have swept away the conditions

for the existence of class antagonisms, and of

classes generally, and will thereby have abolished its

own supremacy as a class.

In place of the old bourgeois society, with its classes

and class antagonisms, we shall have an association, in

which; the free development of each is the condition for

the free development of all.[47]

[47] Communist Manifesto, p. 22.

This attitude Marx preserved in essentials

throughout his life. Accordingly, it is not to be

wondered at that his followers, so far as regards their

immediate aims, have in the main become out-and-out

State Socialists. On the other hand, the Syndicalists,

who accept from Marx the doctrine of the class

war, which they regard as what is really vital in his

teaching, reject the State with abhorrence and wish

to abolish it wholly, in which respect they are at one

with the Anarchists. The Guild Socialists, though

some persons in this country regard them as extremists,

really represent the English love of compromise.

The Syndicalist arguments as to the dangers inherent

in the power of the State have made them dissatisfied

with the old State Socialism, but they are

unable to accept the Anarchist view that society can

dispense altogether with a central authority.

Accordingly they propose that there should be two

co-equal instruments of Government in a community,

the one geographical, representing the consumers,

and essentially the continuation of the democratic

State; the other representing the producers, organized,

not geographically, but in guilds, after the

manner of industrial unionism. These two author-

ities will deal with different classes of questions.

Guild Socialists do not regard the industrial authority

as forming part of the State, for they contend

that it is the essence of the State to be geographical;

but the industrial authority will resemble the present

State in the fact that it will have coercive powers,

and that its decrees will be enforced, when necessary.

It is to be suspected that Syndicalists also, much as

they object to the existing State, would not object

to coercion of individuals in an industry by the

Trade Union in that industry. Government within

the Trade Union would probably be quite as strict

as State government is now. In saying this we are

assuming that the theoretical Anarchism of Syndicalist

leaders would not survive accession to power,

but I am afraid experience shows that this is not a

very hazardous assumption.

Among all these different views, the one which

raises the deepest issue is the Anarchist contention

that all coercion by the community is unnecessary.

Like most of the things that Anarchists say, there

is much more to be urged in support of this view

than most people would suppose at first sight. Kropotkin,

who is its ablest exponent, points out how

much has been achieved already by the method of free

agreement. He does not wish to abolish government

in the sense of collective decisions: what he does wish

to abolish is the system by which a decision is en-

forced upon those who oppose it.[48] The whole system

of representative government and majority rule is

to him a bad thing.[49] He points to such instances

as the agreements among the different railway systems

of the Continent for the running of through

expresses and for co-operation generally. He points

out that in such cases the different companies or

authorities concerned each appoint a delegate, and that

the delegates suggest a basis of agreement, which has

to be subsequently ratified by each of the bodies ap-

pointing them. The assembly of delegates has no

coercive power whatever, and a majority can do

nothing against a recalcitrant minority. Yet this has

not prevented the conclusion of very elaborate systems

of agreements. By such methods, so Anarchists

contend, the USEFUL functions of government can be

carried out without any coercion. They maintain

that the usefulness of agreement is so patent as to

make co-operation certain if once the predatory

motives associated with the present system of private

property were removed.

[48] ``On the other hand, the STATE has also been confused with

GOVERNMENT. As there can be no State without government, it

has been sometimes said that it is the absence of government,

and not the abolition of the State, that should be the aim.

``It seems to me, however, that State and government represent

two ideas of a different kind. The State idea implies quite

another idea to that of government. It not only includes the

existence of a power placed above society, but also a territorial

concentration and a concentration of many functions of the life

of society in the hands of a few or even of all. It implies new

relations among the members of society.

``This characteristic distinction, which perhaps escapes

notice at first sight, appears clearly when the origin of the State

is studied.'' Kropotkin, ``The State.'' p. 4.

[49] Representative government has accomplished its historical

mission; it has given a mortal blow to Court-rule; and by

its debates it has awakened public interest in public questions.

But, to see in it the government of the future Socialist society,

is to commit a gross error. Each economical phase of life

implies its own political phase; and it is impossible to touch the

very basis of the present economical life--private property--

without a corresponding change in the very basis of the political

organization. Life already shows in which direction the change

will be made. Not in increasing the powers of the State, but

in resorting to free organization and free federation in all those

branches which are now considered as attributes of the State.''

Kropotkin, ``Anarchist Communism,'' pp. 28-29.

Attractive as this view is, I cannot resist the

conclusion that it results from impatience and

represents the attempt to find a short-cut toward the

ideal which all humane people desire.

Let us begin with the question of private crime.[50]

Anarchists maintain that the criminal is manufactured

by bad social conditions and would disappear

in such a world as they aim at creating.[51] No doubt

there is a great measure of truth in this view. There

would be little motive to robbery, for example, in an

Anarchist world, unless it were organized on a large

scale by a body of men bent on upsetting the Anarchist

regime. It may also be conceded that impulses

toward criminal violence could be very largely eliminated

by a better education. But all such contentions,

it seems to me, have their limitations. To take

an extreme case, we cannot suppose that there would

be no lunatics in an Anarchist community, and some

of these lunatics would, no doubt, be homicidal.

Probably no one would argue that they ought to be

left at liberty. But there are no sharp lines in nature;

from the homicidal lunatic to the sane man

of violent passions there is a continuous gradation.

Even in the most perfect community there will be

men and women, otherwise sane, who will feel an

impulse to commit murder from jealousy. These are

now usually restrained by the fear of punishment,

but if this fear were removed, such murders would

probably become much more common, as may be

seen from the present behavior of certain soldiers

on leave. Moreover, certain kinds of conduct arouse

public hostility, and would almost inevitably lead to

lynching, if no other recognized method of punishment

existed. There is in most men a certain natural

vindictiveness, not always directed against the worst

members of the community. For example, Spinoza

was very nearly murdered by the mob because he was

suspected of undue friendliness to France at a time

when Holland was at war with that country. Apart

from such cases, there would be the very real danger

of an organized attempt to destroy Anarchism

and revive ancient oppressions. Is it to be supposed,

for example, that Napoleon, if he had been born into

such a community as Kropotkin advocates, would

have acquiesced tamely in a world where his genius

could find no scope? I cannot see what should prevent

a combination of ambitious men forming themselves

into a private army, manufacturing their own

munitions, and at last enslaving the defenseless citizens,

who had relied upon the inherent attractiveness

of liberty. It would not be consistent with the principles

of Anarchism for the community to interfere

with the drilling of a private army, no matter what

its objects might be (though, of course, an opposing

private army might be formed by men with different

views). Indeed, Kropotkin instances the old volunteers

in Great Britain as an example of a movement

on Anarchist lines.[52] Even if a predatory army were

not formed from within, it might easily come from a

neighboring nation, or from races on the borderland

of civilization. So long as the love of power exists,

I do not see how it can be prevented from finding an

outlet in oppression except by means of the organized

force of the community.

[50] On this subject there is an excellent discussion in the

before-mentioned work of Monsieur Naquet.

[51] ``As to the third--the chief--objection, which maintains

the necessity of a government for punishing those who break the

law of society, there is so much to say about it that it hardly can

be touched incidentally. The more we study the question, the

more we are brought to the conclusion that society itself is

responsible for the anti-social deeds perpetrated in its midst, and

that no punishment, no prisons, and no hangmen can diminish

the numbers of such deeds; nothing short of a reorganization of

society itself. Three-quarters of all the acts which are brought

every year before our courts have their origin, either directly or

indirectly, in the present disorganized state of society with

regard to the production and distribution of wealth--not in the

perversity of human nature. As to the relatively few anti-social

deeds which result from anti-social inclinations of separate

individuals, it is not by prisons, nor even by resorting to the

hangmen, that we can diminish their numbers. By our prisons,

we merely multiply them and render them worse. By our detectives,

our `price of blood,' our executions, and our jails, we

spread in society such a terrible flow of basest passions and

habits, that he who should realize the effects of these institutions

to their full extent, would be frightened by what society is

doing under the pretext of maintaining morality. We must

search for other remedies, and the remedies have been indicated

long since.'' Kropotkin, ``Anarchist Communism,'' pp. 31-32.

[52] ``Anarchist Communism,'' p. 27.

The conclusion, which appears to be forced upon

us, is that the Anarchist ideal of a community in

which no acts are forbidden by law is not, at any

rate for the present, compatible with the stability of

such a world as the Anarchists desire. In order to

obtain and preserve a world resembling as closely

as possible that at which they aim, it will still be

necessary that some acts should be forbidden by

law. We may put the chief of these under three

heads:

1. Theft.

2. Crimes of violence.

3. The creation of organizations intended to subvert

the Anarchist regime by force.

We will briefly recapitulate what has been said

already as to the necessity of these prohibitions.

1. Theft.--It is true that in an Anarchist world

there will be no destitution, and therefore no thefts

motivated by starvation. But such thefts are at present

by no means the most considerable or the most

harmful. The system of rationing, which is to be

applied to luxuries, will leave many men with fewer

luxuries than they might desire. It will give

opportunities for peculation by those who are in control

of the public stores, and it will leave the possibility of

appropriating such valuable objects of art as would

naturally be preserved in public museums. It may

be contended that such forms of theft would be prevented

by public opinion. But public opinion is not

greatly operative upon an individual unless it is the

opinion of his own group. A group of men combined

for purposes of theft might readily defy the public

opinion of the majority unless that public opinion

made itself effective by the use of force against them.

Probably, in fact, such force would be applied

through popular indignation, but in that case we

should revive the evils of the criminal law with the

added evils of uncertainty, haste and passion, which

are inseparable from the practice of lynching. If,

as we have suggested, it were found necessary to provide

an economic stimulus to work by allowing fewer

luxuries to idlers, this would afford a new motive for

theft on their part and a new necessity for some form

of criminal law.

2. Crimes of Violence.--Cruelty to children,

crimes of jealousy, rape, and so forth, are almost

certain to occur in any society to some extent. The

prevention of such acts is essential to the existence

of freedom for the weak. If nothing were done to

hinder them, it is to be feared that the customs of a

society would gradually become rougher, and that

acts which are now rare would cease to be so. If

Anarchists are right in maintaining that the existence

of such an economic system as they desire would

prevent the commission of crimes of this kind, the

laws forbidding them would no longer come into

operation, and would do no harm to liberty. If, on

the other hand, the impulse to such actions persisted,

it would be necessary that steps should be taken to

restrain men from indulging it.

3. The third class of difficulties is much the most

serious and involves much the most drastic interference

with liberty. I do not see how a private army

could be tolerated within an Anarchist community,

and I do not see how it could be prevented except by

a general prohibition of carrying arms. If there

were no such prohibition, rival parties would organize

rival forces, and civil war would result. Yet, if there

is such a prohibition, it cannot well be carried out

without a very considerable interference with individual

liberty. No doubt, after a time, the idea of

using violence to achieve a political object might die

down, as the practice of duelling has done. But such

changes of habit and outlook are facilitated by legal

prohibition, and would hardly come about without

it. I shall not speak yet of the international aspect

of this same problem, for I propose to deal with that

in the next chapter, but it is clear that the same

considerations apply with even greater force to the

relations between nations.

If we admit, however reluctantly, that a criminal

law is necessary and that the force of the community

must be brought to bear to prevent certain kinds of

actions, a further question arises: How is crime to be

treated? What is the greatest measure of humanity

and respect for freedom that is compatible with the

recognition of such a thing as crime? The first thing

to recognize is that the whole conception of guilt or

sin should be utterly swept away. At present, the

criminal is visited with the displeasure of the community:

the sole method applied to prevent the occurrence

of crime is the infliction of pain upon the

criminal. Everything possible is done to break his

spirit and destroy his self-respect. Even those

pleasures which would be most likely to have a civilizing

effect are forbidden to him, merely on the ground

that they are pleasures, while much of the suffering

inflicted is of a kind which can only brutalize and

degrade still further. I am not speaking, of course,

of those few penal institutions which have made a

serious study of reforming the criminal. Such

institutions, especially in America, have been proved

capable of achieving the most remarkable results, but

they remain everywhere exceptional. The broad rule

is still that the criminal is made to feel the displeasure

of society. He must emerge from such a treatment

either defiant and hostile, or submissive and cringing,

with a broken spirit and a loss of self-respect.

Neither of these results is anything but evil. Nor

can any good result be achieved by a method of treatment

which embodies reprobation.

When a man is suffering from an infectious disease

he is a danger to the community, and it is necessary

to restrict his liberty of movement. But no one

associates any idea of guilt with such a situation.

On the contrary, he is an object of commiseration to

his friends. Such steps as science recommends are

taken to cure him of his disease, and he submits as

a rule without reluctance to the curtailment of liberty

involved meanwhile. The same method in spirit ought

to be shown in the treatment of what is called

``crime.'' It is supposed, of course, that the criminal

is actuated by calculations of self-interest, and

that the fear of punishment, by supplying a contrary

motive of self-interest affords the best deterrent,

The dog, to gain some private end,

Went mad and bit the man.

This is the popular view of crime; yet no dog goes

mad from choice, and probably the same is true of the

great majority of criminals, certainly in the case

of crimes of passion. Even in cases where self-interest

is the motive, the important thing is to prevent

the crime, not to make the criminal suffer. Any

suffering which may be entailed by the process of

prevention ought to be regarded as regrettable, like the

pain involved in a surgical operation. The man who

commits a crime from an impulse to violence ought

to be subjected to a scientific psychological treatment,

designed to elicit more beneficial impulses. The

man who commits a crime from calculations of self-

interest ought to be made to feel that self-interest

itself, when it is fully understood, can be better served

by a life which is useful to the community than by one

which is harmful. For this purpose it is chiefly necessary

to widen his outlook and increase the scope of his

desires. At present, when a man suffers from insufficient

love for his fellow-creatures, the method of

curing him which is commonly adopted seems scarcely

designed to succeed, being, indeed, in essentials, the

same as his attitude toward them. The object of

the prison administration is to save trouble, not to

study the individual case. He is kept in captivity in

a cell from which all sight of the earth is shut out: he

is subjected to harshness by warders, who have too

often become brutalized by their occupation.[53] He is

solemnly denounced as an enemy to society. He is

compelled to perform mechanical tasks, chosen for

their wearisomeness. He is given no education and no

incentive to self-improvement. Is it to be wondered

at if, at the end of such a course of treatment, his

feelings toward the community are no more friendly

than they were at the beginning?

[53] This was written before the author had any personal

experience of the prison system. He personally met with

nothing but kindness at the hands of the prison officials.

Severity of punishment arose through vindictiveness

and fear in an age when many criminals escaped

justice altogether, and it was hoped that savage

sentences would outweigh the chance of escape in the

mind of the criminal. At present a very large part

of the criminal law is concerned in safeguarding the

rights of property, that is to say--as things are

now--the unjust privileges of the rich. Those whose

principles lead them into conflict with government,

like Anarchists, bring a most formidable indictment

against the law and the authorities for the unjust

manner in which they support the status quo. Many

of the actions by which men have become rich are far

more harmful to the community than the obscure

crimes of poor men, yet they go unpunished because

they do not interfere with the existing order. If the

power of the community is to be brought to bear to

prevent certain classes of actions through the agency

of the criminal law, it is as necessary that these

actions should really be those which are harmful to

the community, as it is that the treatment of ``criminals''

should be freed from the conception of guilt

and inspired by the same spirit as is shown in the

treatment of disease. But, if these two conditions

were fulfilled, I cannot help thinking that a society

which preserved the existence of law would be preferable

to one conducted on the unadulterated principles

of Anarchism.

So far we have been considering the power which

the State derives from the criminal law. We have

every reason to think that this power cannot be

entirely abolished, though it can be exercised in a

wholly different spirit, without the vindictiveness and

the moral reprobation which now form its essence.

We come next to the consideration of the economic

power of the State and the influence which it

can exert through its bureaucracy. State Socialists

argue as if there would be no danger to liberty in a

State not based upon capitalism. This seems to me an

entire delusion. Given an official caste, however selected,

there are bound to be a set of men whose whole

instincts will drive them toward tyranny. Together

with the natural love of power, they will have a rooted

conviction (visible now in the higher ranks of the

Civil Service) that they alone know enough to be able

to judge what is for the good of the community. Like

all men who administer a system, they will come to

feel the system itself sacrosanct. The only changes

they will desire will be changes in the direction of

further regulations as to how the people are to

enjoy the good things kindly granted to them by their

benevolent despots. Whoever thinks this picture overdrawn

must have failed to study the influence and

methods of Civil Servants at present. On every matter

that arises, they know far more than the general

public about all the DEFINITE facts involved; the one

thing they do not know is ``where the shoe pinches.''

But those who know this are probably not skilled in

stating their case, not able to say off-hand exactly

how many shoes are pinching how many feet, or what

is the precise remedy required. The answer prepared

for Ministers by the Civil Service is accepted by the

``respectable'' public as impartial, and is regarded

as disposing of the case of malcontents except on a

first-class political question on which elections may

be won or lost. That at least is the way in which

things are managed in England. And there is every

reason to fear that under State Socialism the power

of officials would be vastly greater than it is at

present.

Those who accept the orthodox doctrine of democracy

contend that, if ever the power of capital were

removed, representative institutions would suffice to

undo the evils threatened by bureaucracy. Against

this view, Anarchists and Syndicalists have directed

a merciless criticism. French Syndicalists especially,

living, as they do, in a highly democratized country,

have had bitter experience of the way in which the

power of the State can be employed against a

progressive minority. This experience has led them to

abandon altogether the belief in the divine right of

majorities. The Constitution that they would desire

would be one which allowed scope for vigorous minorities,

conscious of their aims and prepared to work

for them. It is undeniable that, to all who care for

progress, actual experience of democratic representative

Government is very disillusioning. Admitting--

as I think we must--that it is preferable to any

PREVIOUS form of Government, we must yet acknowledge

that much of the criticism directed against it by

Anarchists and Syndicalists is thoroughly justified.

Such criticism would have had more influence if

any clear idea of an alternative to parliamentary

democracy had been generally apprehended. But it

must be confessed that Syndicalists have not presented

their case in a way which is likely to attract

the average citizen. Much of what they say amounts

to this: that a minority, consisting of skilled workers

in vital industries, can, by a strike, make the economic

life of the whole community impossible, and can in

this way force their will upon the nation. The action

aimed at is compared to the seizure of a power

station, by which a whole vast system can be paralyzed.

Such a doctrine is an appeal to force, and

is naturally met by an appeal to force on the other

side. It is useless for the Syndicalists to protest that

they only desire power in order to promote liberty:

the world which they are seeking to establish does not,

as yet, appeal to the effective will of the community,

and cannot be stably inaugurated until it does do so.

Persuasion is a slow process, and may sometimes

be accelerated by violent methods; to this extent such

methods may be justified. But the ultimate goal of

any reformer who aims at liberty can only be reached

through persuasion. The attempt to thrust liberty

by force upon those who do not desire what we consider

liberty must always prove a failure; and Syndicalists,

like other reformers, must ultimately rely

upon persuasion for success.

But it would be a mistake to confuse aims with

methods: however little we may agree with the proposal

to force the millennium on a reluctant community

by starvation, we may yet agree that much of

what the Syndicalists desire to achieve is desirable.

Let us dismiss from our minds such criticisms of

parliamentary government as are bound up with the

present system of private property, and consider

only those which would remain true in a collectivist

community. Certain defects seem inherent in the

very nature of representative institutions. There is

a sense of self-importance, inseparable from success

in a contest for popular favor. There is an all-but

unavoidable habit of hypocrisy, since experience

shows that the democracy does not detect insincerity

in an orator, and will, on the other hand, be shocked

by things which even the most sincere men may think

necessary. Hence arises a tone of cynicism among

elected representatives, and a feeling that no man

can retain his position in politics without deceit.

This is as much the fault of the democracy as of the

representatives, but it seems unavoidable so long as

the main thing that all bodies of men demand of their

champions is flattery. However the blame may be

apportioned, the evil must be recognized as one which

is bound to occur in the existing forms of democracy.

Another evil, which is especially noticeable in large

States, is the remoteness of the seat of government

from many of the constituencies--a remoteness which

is psychological even more than geographical. The

legislators live in comfort, protected by thick walls

and innumerable policemen from the voice of the

mob; as time goes on they remember only dimly the

passions and promises of their electoral campaign;

they come to feel it an essential part of statesmanship

to consider what are called the interests of the community

as a whole, rather than those of some discontented

group; but the interests of the community as

a whole are sufficiently vague to be easily seen to

coincide with self-interest. All these causes lead

Parliaments to betray the people, consciously or

unconsciously; and it is no wonder if they have produced

a certain aloofness from democratic theory in the

more vigorous champions of labor.

Majority rule, as it exists in large States, is

subject to the fatal defect that, in a very great number

of questions, only a fraction of the nation have

any direct interest or knowledge, yet the others have

an equal voice in their settlement. When people have

no direct interest in a question they are very apt

to be influenced by irrelevant considerations; this is

shown in the extraordinary reluctance to grant autonomy

to subordinate nations or groups. For this

reason, it is very dangerous to allow the nation as a

whole to decide on matters which concern only a small

section, whether that section be geographical or

industrial or defined in any other way. The best

cure for this evil, so far as can be seen at present,

lies in allowing self-government to every important

group within a nation in all matters that affect that

group much more than they affect the rest of the

community. The government of a group, chosen by

the group, will be far more in touch with its constituents,

far more conscious of their interests, than a

remote Parliament nominally representing the whole

country. The most original idea in Syndicalism--

adopted and developed by the Guild Socialists--is the

idea of making industries self-governing units so far

as their internal affairs are concerned. By this

method, extended also to such other groups as have

clearly separable interests, the evils which have shown

themselves in representative democracy can, I believe,

be largely overcome.

Guild Socialists, as we have seen, have another

suggestion, growing naturally out of the autonomy

of industrial guilds, by which they hope to limit the

power of the State and help to preserve individual

liberty. They propose that, in addition to Parliament,

elected (as at present) on a territorial basis

and representing the community as consumers, there

shall also be a ``Guild Congress,'' a glorified successor

of the present Trade Union Congress, which

shall consist of representatives chosen by the Guilds,

and shall represent the community as producers.

This method of diminishing the excessive power

of the State has been attractively set forth by Mr.

G. D. H. Cole in his ``Self-Government in Industry.''[54]

``Where now,'' he says, ``the State passes a Factory

Act, or a Coal Mines Regulation Act, the Guild Congress

of the future will pass such Acts, and its power

of enforcing them will be the same as that of the

State'' (p. 98). His ultimate ground for advocating

this system is that, in his opinion, it will tend to preserve

individual liberty: ``The fundamental reason

for the preservation, in a democratic Society, of both

the industrial and the political forms of Social organization

is, it seems to me, that only by dividing the

vast power now wielded by industrial capitalism can

the individual hope to be free'' (p. 91).

[54] Bell, 1917.

Will the system suggested by Mr. Cole have this

result? I think it is clear that it would, in this

respect, be an improvement on the existing system.

Representative government cannot but be improved

by any method which brings the representatives into

closer touch with the interests concerned in their

legislation; and this advantage probably would be

secured by handing over questions of production to

the Guild Congress. But if, in spite of the safeguards

proposed by the Guild Socialists, the Guild Congress

became all-powerful in such questions, if resistance

to its will by a Guild which felt ill-used became practically

hopeless, I fear that the evils now connected

with the omnipotence of the State would soon reappear.

Trade Union officials, as soon as they become

part of the governing forces in the country, tend to

become autocratic and conservative; they lose touch

with their constituents and gravitate, by a psychological

sympathy, into co-operation with the powers

that be. Their formal installation in authority

through the Guilds Congress would accelerate this

process. They would soon tend to combine, in effect

if not obviously, with those who wield authority in

Parliament. Apart from occasional conflicts, comparable

to the rivalry of opposing financiers which

now sometimes disturbs the harmony of the capitalist

world, there would, at most times, be agreement

between the dominant personalities in the two

Houses. And such harmony would filch away from

the individual the liberty which he had hoped to

secure by the quarrels of his masters.

There is no method, if we are not mistaken, by

which a body representing the whole community,

whether as producers or consumers or both, can

alone be a sufficient guardian of individual liberty.

The only way of preserving sufficient liberty (and

even this will be inadequate in the case of very small

minorities) is the organization of citizens with special

interests into groups, determined to preserve autonomy

as regards their internal affairs, willing to

resist interference by a strike if necessary, and

sufficiently powerful (either in themselves or through

their power of appealing to public sympathy) to be

able to resist the organized forces of government

successfully when their cause is such as many men

think just. If this method is to be successful we

must have not only suitable organizations but also

a diffused respect for liberty, and an absence of

submissiveness to government both in theory and practice.

Some risk of disorder there must be in such a

society, but this risk is as nothing compared to the

danger of stagnation which is inseparable from an

all-powerful central authority.

We may now sum up our discussion of the powers

of Government.

The State, in spite of what Anarchists urge, seems

a necessary institution for certain purposes. Peace

and war, tariffs, regulation of sanitary conditions

and of the sale of noxious drugs, the preservation of

a just system of distribution: these, among others,

are functions which could hardly be performed in

a community in which there was no central government.

Take, for example, the liquor traffic, or

the opium traffic in China. If alcohol could be

obtained at cost price without taxation, still more

if it could be obtained for nothing, as Anarchists

presumably desire, can we believe that there would not

be a great and disastrous increase of drunkenness?

China was brought to the verge of ruin by opium,

and every patriotic Chinaman desired to see the traffic

in opium restricted. In such matters freedom is

not a panacea, and some degree of legal restriction

seems imperative for the national health.

But granting that the State, in some form, must

continue, we must also grant, I think, that its powers

ought to be very strictly limited to what is absolutely

necessary. There is no way of limiting its

powers except by means of groups which are jealous

of their privileges and determined to preserve their

autonomy, even if this should involve resistance to

laws decreed by the State, when these laws interfere in

the internal affairs of a group in ways not warranted

by the public interest. The glorification of the State,

and the doctrine that it is every citizen's duty to serve

the State, are radically against progress and against

liberty. The State, though at present a source of

much evil, is also a means to certain good things,

and will be needed so long as violent and destructive

impulses remain common. But it is MERELY a means,

and a means which needs to be very carefully and

sparingly used if it is not to do more harm than good.

It is not the State, but the community, the worldwide

community of all human beings present and

future, that we ought to serve. And a good community

does not spring from the glory of the State,

but from the unfettered development of individuals:

from happiness in daily life, from congenial work

giving opportunity for whatever constructiveness

each man or woman may possess, from free personal

relations embodying love and taking away the roots

of envy in thwarted capacity from affection, and

above all from the joy of life and its expression in

the spontaneous creations of art and science. It is

these things that make an age or a nation worthy

of existence, and these things are not to be secured

by bowing down before the State. It is the individual

in whom all that is good must be realized, and the

free growth of the individual must be the supreme end

of a political system which is to re-fashion the world.

Proposed Roads to Freedom · 第 3 / 6 章