CHAPTER III

GODWIN'S TEACHING

1.--GENERAL

1. William Godwin was born in 1756 at Wisbeach, Cambridgeshire. He

studied theology at Hoxton, beginning in 1773. In 1778 he became

preacher at Ware, Hertfordshire; in 1780, preacher at Stowmarket,

Suffolk. In 1782 he gave up this position. From this time on he lived in

London as an author. He died there in 1836.

Godwin published numerous works in the departments of philosophy,

economics, and history; also stories, tragedies, and juvenile books.

2. Godwin's teaching about law, the State, and property is contained

mainly in the two-volume work "An Enquiry Concerning Political Justice

and its Influence on General Virtue and Happiness" (1793).

"The printing of this treatise," says Godwin himself, "was commenced

long before the composition was finished. The ideas of the author became

more perspicuous and digested as his inquiries advanced. This

circumstance has led him into some inaccuracies of language and

reasoning, particularly in the earlier part of the work. He did not

enter upon the subject without being aware that government by its very

nature counteracts the improvement of individual intellect; but he

understood the proposition more completely as he proceeded, and saw more

distinctly into the nature of the remedy."[25] Godwin's teaching is

here presented exclusively in the developed form which it shows in the

second part of the work.

3. Godwin does not call his teaching about law, the State, and property

"Anarchism." Yet this word causes him no terror. "Anarchy is a horrible

calamity, but it is less horrible than despotism. Where anarchy has

slain its hundreds, despotism has sacrificed millions upon millions,

with this only effect, to perpetuate the ignorance, the vices, and the

misery of mankind. Anarchy is a short-lived mischief, while despotism is

all but immortal. It is unquestionably a dreadful remedy, for the people

to yield to all their furious passions, till the spectacle of their

effects gives strength to recovering reason: but, though it be a

dreadful remedy, it is a sure one."[26]

2.--BASIS

_According to Godwin, our supreme law is the general welfare._

What is the general welfare? "Its nature is defined by the nature of

mind."[27] It is unchangeable; as long as men are men it remains the

same.[28] "That will most contribute to it which expands the

understanding, supplies incitements to virtue, fills us with a generous

consciousness of our independence, and carefully removes whatever can

impede our exertions."[29]

The general welfare is our supreme law. "Duty is that mode of action on

the part of the individual, which constitutes the best possible

application of his capacity to the general benefit."[30] "Justice is the

sum of all moral duty;"[31] "if there be such a thing, I am bound to do

for the general weal everything in my power."[32] "Virtue is a desire to

promote the benefit of intelligent beings in general, the quantity of

virtue being as the quantity of desire;"[33] "the last perfection of

this feeling consists in that state of mind which bids us rejoice as

fully in the good that is done by others, as if it were done by

ourselves."[34]

"The truly wise man"[35] strives only for the welfare of the whole. He

is "actuated neither by interest nor ambition, the love of honor nor the

love of fame. [He knows no jealousy. He is not disquieted by the

comparison of what he has attained with what others have attained, but

by the comparison with what ought to be attained.] He has a duty indeed

obliging him to seek the good of the whole; but that good is his only

object. If that good be effected by another hand, he feels no

disappointment. All men are his fellow laborers, but he is the rival of

no man."[36]

3.--LAW

I. _Looking to the general good, Godwin rejects law, not only for

particular local and temporary conditions, but altogether._

"Law is an institution of the most pernicious tendency."[37] "The

institution once begun, can never be brought to a close. No action of

any man was ever the same as any other action, had ever the same degree

of utility or injury. As new cases occur, the law is perpetually found

deficient. It is therefore perpetually necessary to make new laws. The

volume in which justice records her prescriptions is for ever

increasing, and the world would not contain the books that might be

written."[38] "The consequence of the infinitude of law is its

uncertainty. Law was made that a plain man might know what he had to

expect, and yet the most skilful practitioners differ about the event of

my suit."[39] "A farther consideration is that it is of the nature of

prophecy. Its task is to describe what will be the actions of mankind,

and to dictate decisions respecting them."[40]

"Law we sometimes call the wisdom of our ancestors. But this is a

strange imposition. It was as frequently the dictate of their passion,

of timidity, jealousy, a monopolizing spirit, and a lust of power that

knew no bounds. Are we not obliged perpetually to revise and remodel

this misnamed wisdom of our ancestors? to correct it by a detection of

their ignorance, and a censure of their intolerance?"[41] "Legislation,

as it has been usually understood, is not an affair of human competence.

Reason is [our sole legislator, and her decrees are unchangeable and

everywhere the same.]"[42] "Men cannot do more than declare and

interpret law; nor can there be an authority so paramount, as to have

the prerogative of making that to be law, which abstract and immutable

justice had not made to be law previously to that interposition."[43]

To be sure, "it must be admitted that we are imperfect, ignorant, and

slaves of appearances."[44] But "whatever inconveniences may arise from

the passions of men, the introduction of fixed laws cannot be the

genuine remedy."[45] "As long as a man is held in the trammels of

obedience, and habituated to look to some foreign guidance for the

direction of his conduct, his understanding and the vigor of his mind

will sleep. Do I desire to raise him to the energy of which he is

capable? I must teach him to feel himself, to bow to no authority, to

examine the principles he entertains, and render to his mind the reason

of his conduct."[46]

II. _The general welfare requires that in future it itself should be

men's rule of action in place of the law._

"If every shilling of our property, [every hour of our time,] and every

faculty of our mind, have received their destination from the principles

of unalterable justice,"[47] that is, of the general good,[48] then no

other decree can any longer control it. "The true principle which ought

to be substituted in the room of law, is that of reason exercising an

uncontrolled jurisdiction upon the circumstances of the case."[49]

"To this principle no objection can arise on the score of wisdom. It is

not to be supposed that there are not men now existing, whose

intellectual accomplishments rise to the level of law. But, if men can

be found among us whose wisdom is equal to the wisdom of law, it will

scarcely be maintained, that the truths they have to communicate will

be the worse for having no authority, but that which they derive from

the reasons that support them."[50]

"The juridical decisions that were made immediately after the abolition

of law, would differ little from those during its empire. They would be

the decisions of prejudice and habit. But habit, having lost the centre

about which it revolved, would diminish in the regularity of its

operations. Those to whom the arbitration of any question was entrusted

would frequently recollect that the whole case was committed to their

deliberation, and they could not fail occasionally to examine

themselves, respecting the reason of those principles which had hitherto

passed uncontroverted. Their understandings would grow enlarged, in

proportion as they felt the importance of their trust, and the unbounded

freedom of their investigation. Here then would commence an auspicious

order of things, of which no understanding man at present in existence

can foretell the result, the dethronement of implicit faith, and the

inauguration of unclouded justice."[51]

4.--THE STATE

I. _Since Godwin unconditionally rejects law, he necessarily has to

reject the State as unconditionally. Nay, he regards it as a legal

institution peculiarly repugnant to the general welfare._

Some base the State on force, others on divine right, others on

contract.[52] But "the hypothesis of force appears to proceed upon the

total negation of abstract and immutable justice, affirming every

government to be right, that is possessed of power sufficient to enforce

its decrees. It puts a violent termination upon all political science,

and is calculated for nothing farther than to persuade men, to sit down

quietly under their present disadvantages, whatever they may be, and not

exert themselves to discover a remedy for the evils they suffer. The

second hypothesis is of an equivocal nature. It either coincides with

the first, and affirms all existing power to be alike of divine

derivation; or it must remain totally useless, till a criterion can be

found, to distinguish those governments which are approved by God, from

those which cannot lay claim to that sanction."[53] The third hypothesis

would mean that one "should make over to another the control of his

conscience and the judging of his duties."[54] "But we cannot renounce

our moral independence; it is a property that we can neither sell nor

give away; and consequently no government can derive its authority from

an original contract."[55]

"All government corresponds in a certain degree to what the Greeks

denominated a tyranny. The difference is, that in despotic countries

mind is depressed by a uniform usurpation; while in republics it

preserves a greater portion of its activity, and the usurpation more

easily conforms itself to the fluctuations of opinion."[56] "By its very

nature positive institution has a tendency to suspend the elasticity and

progress of mind."[57] "We should not forget that government is,

abstractedly taken, an evil, a usurpation upon the private judgment and

individual conscience of mankind."[58]

II. _The general welfare demands that a social human life based solely

on its precepts should take the place of the State._

1. Men are to live together in society even after the abolition of the

State. "A fundamental distinction exists between society and government.

Men associated at first for the sake of mutual assistance."[59] It was

not till later that restraint appeared in these associations, in

consequence of the errors and perverseness of a few. "Society and

government are different in themselves, and have different origins.

Society is produced by our wants, and government by our wickedness.

Society is in every state a blessing; government even in its best state

but a necessary evil."[60]

But what is to hold men together in "society without government"?[61]

Not a promise,[62] at any rate. No promise can bind me; for either what

I have promised is good, then I must do it even if there had been no

promise; or it is bad, then not even the promise can make it my

duty.[63] "The fact that I have committed an error does not oblige me to

make myself guilty of a second also."[64] "Suppose I had promised a sum

of money for a good and worthy object. In the interval between the

promise and its fulfilment a greater and nobler object presents itself

to me, and imperiously demands my co-operation. To which shall I give

the preference? To the one that deserves it. My promise can make no

difference. I must be guided by the value of things, not by an external

and alien point of view. But the value of things is not affected by my

having taken upon me an obligation."[65]

"Common deliberation regarding the general good"[66] is to hold men

together in societies hereafter. This is highly in harmony with the

general welfare. "That a nation should exercise undiminished its

function of common deliberation, is a step gained, and a step that

inevitably leads to an improvement of the character of individuals. That

men should agree in the assertion of truth, is no unpleasing evidence of

their virtue. Lastly, that an individual, however great may be his

imaginary elevation, should be obliged to yield his personal pretensions

to the sense of the community, at least bears the appearance of a

practical confirmation of the great principle, that all private

considerations must yield to the general good."[67]

2. The societies are to be small, and to have as little intercourse with

each other as possible.

Small territories are everywhere to administer their affairs

independently.[68] "No association of men, so long as they adhered to

the principles of reason, could possibly have any interest in extending

their territory."[69] "Whatever evils are included in the abstract idea

of government, are all of them extremely aggravated by the

extensiveness of its jurisdiction, and softened under circumstances of

an opposite species. Ambition, which may be no less formidable than a

pestilence in the former, has no room to unfold itself in the latter.

Popular commotion is like the waves of the sea, capable where the

surface is large of producing the most tragical effects, but mild and

innocuous when confined within the circuit of a humble lake. Sobriety

and equity are the obvious characteristics of a limited

circle."[70]--"The desire to gain a more extensive territory, to conquer

or to hold in awe our neighboring States, to surpass them in arts or

arms, is a desire founded in prejudice and error. Power is not

happiness. Security and peace are more to be desired than a name at

which nations tremble. Mankind are brethren. We associate in a

particular district or under a particular climate, because association

is necessary to our internal tranquillity, or to defend us against the

wanton attacks of a common enemy. But the rivalship of nations is a

creature of the imagination."[71]

The little independently-administered territories are to have as little

to do with each other as possible. "Individuals cannot have too frequent

or unlimited intercourse with each other; but societies of men have no

interests to explain and adjust, except so far as error and violence may

render explanation necessary. This consideration annihilates at once the

principal objects of that mysterious and crooked policy which has

hitherto occupied the attention of governments. Before this principle

officers of the army and the navy, ambassadors and negotiators, and all

the train of artifices that has been invented to hold other nations at

bay, to penetrate their secrets, to traverse their machinations, to form

alliances and counter-alliances, sink into nothing."[72]

3. But how are the functions that the State performs at present to be

performed in the future societies? "Government can have no more than two

legitimate purposes, the suppression of injustice against individuals

within the community" (which includes the settling of controversies

between different districts[73]), "and the common defence against

external invasion."[74]

"The first of these purposes, which alone can have an uninterrupted

claim upon us, is sufficiently answered by an association of such an

extent as to afford room for the institution of a jury, to decide upon

the offences of individuals within the community, and upon the questions

and controversies respecting property which may chance to arise."[75]

This jury would decide not according to any system of law, but according

to reason.[76]--"It might be easy indeed for an offender to escape from

the limits of so petty a jurisdiction; and it might seem necessary at

first that the neighboring parishes or jurisdictions should be governed

in a similar manner, or at least should be willing, whatever was their

form of government, to co-operate with us in the removal or reformation

of an offender whose present habits were alike injurious to us and to

them. But there will be no need of any express compact, and still less

of any common centre of authority, for this purpose. General justice and

mutual interest are found more capable of binding men than signatures

and seals."[77]

The second function would present itself to us only from time to time.

"However irrational might be the controversy of parish with parish in

such a state of society, it would not be the less possible. Such

emergencies can only be provided against by the concert of several

districts, declaring and, if needful, enforcing the dictates of

justice."[78] Foreign invasions too would make such a concert necessary,

and would to this extent resemble those controversies.[79] Therefore it

would be "necessary upon certain occasions to have recourse to national

assemblies, or in other words assemblies instituted for the joint

purpose of adjusting the differences between district and district, and

of consulting respecting the best mode of repelling foreign

invasion."[80]--But they "ought to be employed as sparingly as the

nature of the case will admit."[81] For, in the first place, the

decision is given by the number of votes, and "is determined, at best,

by the weakest heads in the assembly, but, as it not less frequently

happens, by the most corrupt and dishonorable intentions."[82] In the

second place, as a rule the members are guided in their decisions by

all sorts of external reasons, and not solely by the results of their

free reflection.[83] In the third place, they are forced to waste their

strength on petty matters, while they cannot possibly let themselves be

quietly influenced by argument.[84] Therefore national assemblies should

"either never be elected but upon extraordinary emergencies, like the

dictator of the ancient Romans, or else sit periodically, one day for

example in a year, with a power of continuing their sessions within a

certain limit. The former is greatly to be preferred."[85]

But what would be the authority of these national assemblies and those

juries? Mankind is so corrupted by present institutions that at first

the issuing of commands, and some degree of coercion, would be

necessary; but later it would be sufficient for juries to recommend a

certain mode of adjusting controversies, and for national assemblies to

invite their constituencies to co-operate for the common advantage.[86]

"If juries might at length cease to decide and be contented to invite,

if force might gradually be withdrawn and reason trusted alone, shall we

not one day find that juries themselves, and every other species of

public institution, may be laid aside as unnecessary? Will not the

reasonings of one wise man be as effectual as those of twelve? Will not

the competence of one individual to instruct his neighbors be a matter

of sufficient notoriety, without the formality of an election? Will

there be many vices to correct and much obstinacy to conquer? This is

one of the most memorable stages of human improvement. With what

delight must every well-informed friend of mankind look forward to the

auspicious period, the dissolution of political government, of that

brute engine, which has been the only perennial cause of the vices of

mankind, and which has mischiefs of various sorts incorporated with its

substance, and no otherwise to be removed than by its utter

annihilation!"[87]

5.--PROPERTY

I. _In consequence of his unconditional rejection of law, Godwin

necessarily has to reject property also without any limitation. Nay,

property, or, as he expresses himself, "the present system of

property,"_[88]--_that is, the distribution of wealth at present

established by law,--appears to him to be a legal institution that is

peculiarly injurious to the general welfare._ "The wisdom of law-makers

and parliaments has been applied to creating the most wretched and

senseless distribution of property, which mocks alike at human nature

and at the principles of justice."[89]

The present system of property distributes commodities in the most

unequal and most arbitrary way. "On account of the accident of birth, it

piles upon a single man enormous wealth. If one who has been a beggar

becomes a well-to-do man, we usually know that he has not precisely his

honesty or usefulness to thank for this change. It is often hard enough

for the most diligent and industrious member of society to preserve his

family from starvation."[90] "And if I receive the reward of my work,

they give me a hundred times more food than I can eat, and a hundred

times more clothes than I can wear. Where is the justice in this? If I

am the greatest benefactor of the human race, is that a reason for

giving me what I do not need, especially when my superfluity might be of

the greatest use to thousands?"[91]

This unequal distribution of commodities is altogether opposed to the

general welfare. It hampers intellectual progress. "Accumulated property

treads the powers of thought in the dust, extinguishes the sparks of

genius, and reduces the great mass of mankind to be immersed in sordid

cares, beside depriving the rich of the most salubrious and effectual

motives to activity."[92] And the rich man can buy with his superfluity

"nothing but glitter and envy, nothing but the dismal pleasure of

restoring to the poor man as alms that to which reason gives him an

undeniable right."[93]

But the unequal distribution of commodities is also a hindrance to moral

perfection. In the rich it produces ambition, vanity, and ostentation;

in the poor, oppression, servility, and fraud, and, in consequence of

these, envy, malice, and revenge.[94] "The rich man stands forward as

the principal object of general esteem and deference. In vain are

sobriety, integrity, and industry, in vain the sublimest powers of mind

and the most ardent benevolence, if their possessor be narrowed in his

circumstances. To acquire wealth and to display it, is therefore the

universal passion."[95] "Force would have died away as reason and

civilization advanced, but accumulated property has fixed its

empire."[96] "The fruitful source of crimes consists in this

circumstance, one man's possessing in abundance that of which another

man is destitute."[97]

II. _The general welfare demands that a distribution of commodities

based solely on its precepts should take the place of property._ When

Godwin uses the expression "property" for that portion of commodities

which is assigned to an individual by these precepts, he does so only in

a transferred sense; only a portion assigned by law can be designated as

property in the strict sense.

Now, according to the decrees of the general welfare, every man should

have the means for a good life.

1. "How is it to be decided whether an object that may be used for the

benefit of man shall be my property or yours? There is only one answer;

according to justice."[98] "The laws of different countries dispose of

property in a thousand different ways; but only one of them can be most

consonant with justice."[99]

Justice demands in the first place that every man have the means for

life. "Our animal needs, it is well known, consist in food, clothing,

and shelter. If justice means anything, nothing can be more unjust than

that any man lacks these and at the same time another has too much of

them. But justice does not stop here. So far as the general stock of

commodities holds out, every one has a claim not only to the means for

life, but to the means for a good life. It is unjust that a man works to

the point of destroying his health or his life, while another riots in

superfluity. It is unjust that a man has not leisure to cultivate his

mind, while another does not move a finger for the general

welfare."[100]

2. Such a "state of equality"[101] would advance the general welfare in

the highest degree. In it labor would become "so light, as rather to

assume the appearance of agreeable relaxation, and gentle

exercise."[102] "Every man would have a frugal, yet wholesome diet;

every man would go forth to that moderate exercise of his corporal

functions that would give hilarity to the spirits; none would be made

torpid with fatigue, but all would have leisure to cultivate the kindly

and philanthropical affections, and to let loose his faculties in the

search of intellectual improvement."[103]

"How rapid would be the advances of intellect, if all men were admitted

into the field of knowledge! It is to be presumed that the inequality of

mind would in a certain degree be permanent; but it is reasonable to

believe that the geniuses of such an age would far surpass the greatest

exertions of intellect that are at present known."[104]

And the moral progress would be as great as the intellectual. The vices

which are inseparably joined to the present system of property "would

inevitably expire in a state of society where men lived in the midst of

plenty, and where all shared alike the bounties of nature. The narrow

principle of selfishness would vanish. No man being obliged to guard his

little store, or provide with anxiety and pain for his restless wants,

each would lose his individual existence in the thought of the general

good. No man would be an enemy to his neighbor, for they would have no

subject of contention; and of consequence philanthropy would resume the

empire which reason assigns her."[105]

3. But how could such a distribution of commodities be effected in a

particular case?

"As soon as law was abolished, men would begin to inquire after equity.

In this situation let us suppose a litigated succession brought before

them, to which there were five heirs, and that the sentence of their old

legislation had directed the division of this property into five equal

shares. They would begin to inquire into the wants and situation of the

claimants. The first we will suppose to have a fair character and be

prosperous in the world: he is a respectable member of society, but

farther wealth would add little either to his usefulness or his

enjoyments. The second is a miserable object, perishing with want, and

overwhelmed with calamity. The third, though poor, is yet tranquil; but

there is a situation to which his virtue leads him to aspire and in

which he may be of uncommon service, but which he cannot with propriety

accept, without a capital equal to two-fifths of the whole succession.

One of the claimants is an unmarried woman past the age of

child-bearing. Another is a widow, unprovided, and with a numerous

family depending on her succor. The first question that would suggest

itself to unprejudiced persons having the allotment of this succession

referred to their unlimited decision, would be, what justice is there in

the indiscriminate partition which has hitherto prevailed?"[106] And

their answer could not be doubtful.

6.--REALIZATION.

_The change which is called for by the general welfare should, according

to Godwin, be effected by those who have recognized the truth persuading

others how necessary the change is for the general welfare, so that law,

the State, and property would spontaneously disappear and the new

condition would take their place._

I. The sole requirement is to convince men that the general welfare

demands the change.

1. Every other way is to be rejected. "Our judgment will always suspect

those weapons that can be used with equal prospect of success on both

sides. Therefore we should regard all force with aversion. When we enter

the lists of battle, we quit the sure domain of truth and leave the

decision to the caprice of chance. The phalanx of reason is

invulnerable; it moves forward with calm, sure step, and nothing can

withstand it. But, when we lay aside arguments, and have recourse to the

sword, the case is altered. Amidst the clamorous din of civil war, who

shall tell whether the event will be prosperous or adverse? We must

therefore distinguish carefully between instructing the people and

exciting them. We must refuse indignation, rage, and passion, and desire

only sober reflection, clear judgment, and fearless discussion."[107]

2. The point is to convince men as generally as possible. Only when this

is accomplished can acts of violence be avoided. "Why did the revolution

in France and America find all sorts and conditions of men almost

unanimous, while the resistance to Charles the First divided our nation

into two equal parties? Because the latter occurred in the seventeenth

century, the former at the end of the eighteenth. Because at the time of

the revolutions in France and America philosophy had already developed

some of the great truths of political science, and under the influence

of Sydney and Locke, of Montesquieu and Rousseau, a number of strong and

thoughtful minds had perceived what an evil force is. If these

revolutions had taken place still later, not a drop of civic blood would

have been shed by civic hands, not in a single case would force have

been used against persons or things."[108]

3. The means to convince men as generally as possible of the necessity

of a change consist in "proof and persuasion. The best warrant of a

happy outcome lies in free, unrestricted discussion. In this arena truth

must always be victor. If, therefore, we would improve the social

institutions of mankind, we must seek to convince by spoken and written

words. This activity has no limits; this endeavor admits of no

interruption. Every means must be used, not so much to draw men's

attention and bring them over to our opinion by persuasion, as rather to

remove every barrier to thought and to open to everybody the temple of

science and the field of study."[109]

"Therefore the man who has at heart the regeneration of his species

should always bear in mind two principles, to regard hourly progress in

the discovery and dissemination of truth as essential, and calmly to let

years pass before he urges the carrying into effect of his teaching.

With all his prudence, it may be that the boisterous multitude will

hurry ahead of the calm, quiet progress of reason; then he will not

condemn the revolution that takes place some years before the time set

by wisdom. But if he is ruled by strict prudence he can without doubt

frustrate many over-hasty attempts, and considerably prolong the general

quietness."[110]

"This does not mean, as one might think, that the changing of our

conditions lies at an immeasurable distance. It is the nature of human

affairs that great alterations take place suddenly, and great

discoveries are made unexpectedly, as it were accidentally. When I

cultivate a young person's mind, when I exert myself to influence that

of an older person, it will long seem as if I had accomplished little,

and the fruits will show themselves when I least expect them. The

kingdom of truth comes quietly. The seed of virtue may spring up when it

was fancied to be lost."[111] "If the true philanthropist but tirelessly

proclaims the truth and vigilantly opposes all that hinders its

progress, he may look forward, with heart at rest, to a speedy and

favorable outcome."[112]

II. As soon as the conviction that the general welfare demands a change

in our condition has made itself generally felt, law, the State, and

property will disappear spontaneously and give way to the new condition.

"Reform, under this meaning of the term, can scarcely be considered as

of the nature of action. [It is a general enlightenment.] Men feel their

situation; and the restraints that shackled them before, vanish like a

deception. When such a crisis has arrived, not a sword will need to be

drawn, not a finger to be lifted up in purposes of violence. The

adversaries will be too few and too feeble, to be able to entertain a

serious thought of resistance against the universal sense of

mankind."[113]

In what way may the change of our conditions take place?

1. "The opinion most popular in France at the time that the national

convention entered upon its functions, was that the business of the

convention extended only to the presenting a draft of a constitution, to

be submitted in the sequel to the approbation of the districts, and then

only to be considered as law."[114]

"The first idea that suggests itself respecting this opinion is, that,

if constitutional laws ought to be subjected to the revision of the

districts, then all laws ought to undergo the same process. [But if the

approbation of the districts to any declarations is not to be delusive,

the discussion of these declarations in the districts must be unlimited.

Then] a transaction will be begun to which it is not easy to foresee a

termination. Some districts will object to certain articles; and, if

these articles be modeled to obtain their approbation, it is possible

that the very alteration introduced to please one part of the community

may render the code less acceptable to another."[115]

"This principle of a consent of districts has an immediate tendency, by

a salutary gradation perhaps, to lead to the dissolution of all

government."[116] It is indeed "desirable that the most important acts

of the national representatives should be subject to the approbation or

rejection of the districts whose representatives they are, for exactly

the same reason as it is desirable that the acts of the districts

themselves should, as speedily as practicability will admit, be in force

only so far as relates to the individuals by whom those acts are

approved."[117]

2. This system would have the effect, first, that the constitution would

be very short. The impracticability of obtaining the free approbation of

a great number of districts to an extensive code would speedily manifest

itself; and the whole constitution might consist of a scheme for the

division of the country into parts equal in their population, and the

fixing of stated periods for the election of a national assembly, not to

say that the latter of these articles may very probably be dispensed

with.[118]

A second effect would be, that it would soon be found a proceeding

unnecessarily circuitous to send laws to the districts for their

revision, unless in cases essential to the general safety, and that in

as many instances as possible the districts would be suffered to make

laws for themselves. "Thus, that which was at first a great empire with

legislative unity would speedily be transformed into a confederacy of

lesser republics, with a general congress or Amphictyonic council,

answering the purpose of a point of co-operation upon extraordinary

occasions."[119]

A third effect would consist in the gradual cessation of legislation. "A

great assembly collected from the different provinces of an extensive

territory, and constituted the sole legislator of those by whom the

territory is inhabited, immediately conjures up to itself an idea of the

vast multitude of laws that are necessary. A large city, impelled by the

principles of commercial jealousy, is not slow to digest the volume of

its by-laws and exclusive privileges. But the inhabitants of a small

parish, living with some degree of that simplicity which best

corresponds with nature, would soon be led to suspect that general laws

were unnecessary, and would adjudge the causes that came before them,

not according to certain axioms previously written, but according to the

circumstances and demands of each particular cause."[120]

A fourth effect would be that the abrogation of property would be

favored. "All equalization of rank and station strongly tends toward an

equalization of possessions."[121] So not only the lower orders, but

also the higher, would see the injustice of the present distribution of

property.[122] "The rich and great are far from callous to views of

general felicity, when such views are brought before them with that

evidence and attraction of which they are susceptible."[123] But even so

far as they might think only of their own emolument and ease, it would

not be difficult to show them that it is in vain to fight against truth,

and dangerous to bring upon themselves the hatred of the people, and

that it might be to their own interest to make up their minds to

concessions at least.[124]

FOOTNOTES:

[25] Godwin pp. IX-X [1. VI-VII].

[26] _Ib._ pp. 548-9 [2. 132-3].

[27] _Ib._ p. 90 [1, 120].

[28] _Ib._ p. 150 [1, 164].

[29] _Ib._ p. 90 [1, 120-21].

[30] Godwin p. 101 [1. 134].

[31] _Ib._ pp. 150, 80 [1. 120, 112].

[32] _Ib._ p. 81 [1. 117-18?].

[33] _Ib._ p. 254 [1. 253].

[34] _Ib._ pp. 360-61 [1. ?42].

[35] _Ib._ p. 361. [Not in ed. 2.]

[36] _Ib._ p. 361 [1. 342; bracketed words omitted in ed. 2]

[37] _Ib._ p. 771 [2. 294].

[38] Godwin pp. 766-7 [2. 290-91].

[39] _Ib._ p. 768 [2. 291].

[40] _Ib._ p. 769 [2. 292].

[41] _Ib._ p. 773 [2. 295].

[42] _Ib._ p. 166 [1. 182, except bracketed words].

[43] _Ib._ p. 381 [2. 3]

[44] Godwin p. 774 [2. 296].

[45] _Ib._ p. 775 [2. 296].

[46] _Ib._ p. 776 [2. 297].

[47] _Ib._ p. 151 [1. 165, except bracketed words].

[48] _Ib._ pp. 121, 81 [1. 145, 118].

[49] _Ib._ p. 773 [2. 295].

[50] Godwin pp. 773-4 [2. 295].

[51] _Ib._ p. 778 [2. 298-9].

[52] _Ib._ p. 140-1 [1. 156].

[53] Godwin p. 141 [2. 156]

[54] _Ib._ p. 148. [Not in ed. 2.]

[55] _Ib._ p. 149. [Not in ed. 2.]

[56] _Ib._ p. 572 [2. 149-50].

[57] _Ib._ p. 185 [1. 200].

[58] Godwin p. 380 [2. 2].

[59] _Ib._ p. 79 [1. 111].

[60] _Ib._ p. 79 [1. 111; credited to Paine's "Common Sense," p. 1].

[61] _Ib._ p. 788 [2. 305].

[62] _Ib._ p. 163 [1. 174-6? 180?].

[63] _Ib._ p. 151 [1. 164-5; but see _per contra_ p. 170].

[64] _Ib._ p. 156. [Not in ed. 2.]

[65] Godwin p. 151. [Not in ed. 2.]

[66] _Ib._ pp. 161-2 [1. 179].

[67] _Ib._ 164-5 [1. 181].

[68] _Ib._ p. 561 [2. 142].

[69] _Ib._ 566 [2. 145].

[70] Godwin p. 562 [2. 142].

[71] _Ib._ 559 [2. 140].

[72] Godwin p. 561 [2. 141. Obviously Eltzbacher has misunderstood this

passage. His German translation shows that he mistook "interests" for

"interest" in the sense of "incentive." Note also that Godwin expressly

restricts the application of this paragraph, even in its right sense, on

pp. 111, 145].

[73] _Ib._ p. 566 [2. 145].

[74] _Ib._ p. 564 [2. 144].

[75] _Ib._ p. 564-5 [2. 144].

[76] _Ib._ pp. 773, 778, 779-80 [2. 295, 298-300]

[77] Godwin p. 565 [2. 144].

[78] _Ib._ p. 566 [2. 145].

[79] _Ib._ p. 566 [2. 145].

[80] _Ib._ pp. 573-4 [2. 150-51].

[81] _Ib._ pp. 573-4 [2. 150-51].

[82] _Ib._ pp. 568-9, 571-2 [2. 146, 149].

[83] Godwin pp. 569-70 [2. 148].

[84] _Ib._ pp. 570-71 [2. 148-49].

[85] _Ib._ p. 574 [2. 151]

[86] _Ib._ pp. 576-8 [2. 152-3].

[87] Godwin pp. 578-9 [2. 154]

[88] _Ib._ p. 794 [2. 326].

[89] _Ib._ p. 803. [Not in ed. 2.]

[90] _Ib._ p. 794. [Not in ed. 2.]

[91] Godwin p. 795. [Not in ed. 2; cf. 2. 312].

[92] _Ib._ p. 806 [2. 335].

[93] _Ib._ p. 795. [Not in ed. 2.]

[94] _Ib._ pp. 811, 810 [2. 339, 338--but the words "in the poor" seem

to be added out of Eltzbacher's head].

[95] Godwin p. 802 [2. 332].

[96] _Ib._ p. 809 [2. 338]

[97] _Ib._ p. 809 [2. 337]

[98] _Ib._ p. 789. [Not in ed. 2; cf. 2. 306-7.]

[99] _Ib._ p. 790. [Not in ed. 2.]

[100] Godwin pp. 790-91. [Not in ed. 2.]

[101] _Ib._ p. 821 [2. 351].

[102] _Ib._ p. 821 [2. 352]

[103] _Ib._ p. 806 [2. 335].

[104] _Ib._ p. 807 [2. 336].

[105] Godwin p. 810 [2. 338].

[106] Godwin pp. 779-80 [2. 299-300].

[107] Godwin p. 203 [1, 223, only the two sentences beginning at "But"].

[108] _Ib._ pp. 203-4. [Not in ed. 2.]

[109] Godwin pp. 202-3. [Not in ed. 2.]

[110] _Ib._ p. 204. [Not in ed. 2.]

[111] _Ib._ p. 223. [Not in ed. 2; cf. 1. 226.]

[112] Godwin p. 225. [Not in ed. 2.]

[113] _Ib._ pp. 222-3 [1. 222, except bracketed words].

[114] _Ib._ pp. 657-8 [2. 210].

[115] Godwin pp. 658-9 [2. 211-12; bracketed words a paraphrase].

[116] _Ib._ pp. 659-60 [2. 212].

[117] _Ib._ p. 660 [2. 212].

[118] _Ib._ pp. 660-61 [2. 212-13].

[119] Godwin pp. 661-2 [2. 213-14].

[120] _Ib._ p. 662 [2. 214].

[121] Godwin p. 888 [cf. 2. 396].

[122] _Ib._ pp. 888-9 [2. 396].

[123] _Ib._ pp. 882-3 [2. 392].

[124] _Ib._ pp. 883-84 [2. 393].

Anarchism · 第 3 / 11 章