The lofty moral earnestness of this thought should entirely fill your

mind, should fill your hearts and shape your whole life to be worthy

of it and conformable to it. The moral earnestness of this thought,

without ever leaving you, must stand for better thoughts in your shop

during your work, in your leisure hours, your walks, your meetings;

and, even when you lie down to rest on your hard couch, it is this

thought which must fill and occupy your soul until it passes into the

realm of dreams. The more exclusively you fill your minds with this

moral earnestness, the more undividedly you are influenced by its

warmth--of this you may be assured--the more you will hasten the time

in which our present historical period has to accomplish its task, the

sooner you will bring about the fulfilment of this work.

If, among those who listen to me today, there were even two or three

in whom I have succeeded in kindling the moral warmth of this thought,

with that fullness which I mean and which I have described to you, I

should consider even that a great gain, and account myself richly

rewarded for my presentation.

Above all, your soul must be free from discouragement and doubt, to

which an insufficiently valid consideration of historical efforts

might easily lead. So, for instance, it is absolutely false that in

France the Republic was overthrown by the _coup d'état_ of December,

1851.

What could not maintain itself in France, what really was destroyed at

that time, was not _the_ Republic but _that_ republic, which, as I

have already shown you, abolished, by the law of May 30, 1850, the

universal franchise, and introduced a disguised property qualification

for the exclusion of the workingman. It was the capitalist republic

which wished to put the stamp of the _bourgeoisie_--the domination of

capital--upon the republican forms of the State; it was this which

gave the French usurper the possibility, under an apparent restoration

of the universal franchise, to overthrow the Republic, which otherwise

would have found an invincible bulwark in the breast of the French

workingman. So what in France could not maintain itself, and was

overthrown, was not the Republic, but the _bourgeois_ republic; and,

on really correct consideration, the fact is confirmed, even by this

example, that the historical period which began with February, 1848,

will no longer tolerate any State which, whether in monarchical or in

republican form, tries to impress upon it, or maintain within it, the

controlling political stamp of the third class of society.

From the lofty mountain tops of science the dawn of a new day is seen

earlier than below in the turmoil of daily life.

Have you ever beheld a sunrise from the top of a high mountain? A

purple line colors blood-red the farthest horizon, announcing the new

light. Clouds and mists collect and oppose the morning red, veiling

its beams for a moment; but no power on earth can prevail against the

slow and majestic rising of the sun which, an hour later, visible to

all the world, radiating light and warmth, stands bright in the

firmament. What an hour is, in the natural phenomena of every day, a

decade or two is in the still more impressive spectacle of a sunrise

in the world's history.

FOOTNOTES:

[Footnote 47: The word _bourgeoisie_ is henceforth used throughout the

discussion to designate the political party now defined.--TRANSLATOR.]

[Footnote 48: Here the speaker quotes statistics showing that, on the

average, throughout Prussia, a vote by a man of the first class has as

much weight as seventeen votes by men of the third class.--TRANSLATOR.]

* * * * *

SCIENCE AND THE WORKINGMEN (1863)

[A speech delivered by Lassalle in his own defense before the Criminal

Court of Berlin on the charge of having incited to class hatred.]

TRANSLATED BY THORSTEIN B. VEBLEN, PH.D. Lecturer in Economics,

University of Missouri

Mr. President and Gentlemen of the Court:

I shall have to make my beginning with an appeal to your indulgence.

My defense will go somewhat into detail. It will, on that account,

necessarily be somewhat long. But I consider myself justified in

pursuing this course, first, by the magnitude of the penalty with

which I am threatened under Section 100 of the Criminal Code--the full

extent of this penalty amounting to no less than two years'

imprisonment. In the second place, and more particularly, I consider

my course justified by the fact that this trial by no means centres

about a man and the imposition of a penalty.

You will, therefore, permit me, without further preliminary, to carry

the discussion from the region of ordinary court-room routine to that

higher level on which it properly belongs.

The indictment brought against me is an evil and deplorable sign of

the times. It not only offends the common law, but it is a notable

violation of the Constitution. This is the first count in the defense

which I have to offer.

I. Article 20 of the Constitution reads: "Science and its teaching is

free."

What may be the meaning of this phrase in the Constitution, "is free,"

unless it means that science and its teaching are not subject to the

ordinary provisions of the Criminal Code? Is this expression, "Science

and its teaching is free," perhaps to be taken as meaning "free within

the limits of the general provisions of the criminal code?" But

within these limits every expression of opinion is absolutely

free--not only science and its teaching. So long as they live within

the general specifications of the criminal code, every newspaper

writer and every market woman is quite free to write and say whatever

they choose. This liberty, which is conceded to all expressions of

opinion, need not and could not be proclaimed by a special article of

the Constitution as a peculiar concession to "science and its

teaching."

To put such a construction upon this article of the Constitution

amounts to reading it out of the Constitution, to so interpreting it

that it has nothing to say,--which is in our time by no means a

neglected method of quietly putting the Constitution out of the way.

Now, the first principle of legal interpretation is that a provision

of law must not be so interpreted as to make it superfluous or absurd,

or to virtually expunge it. This, of course, applies with peculiar

force to an article of the Constitution. There can accordingly be no

doubt, Gentlemen, that precisely this was the intention of this

provision of the Constitution; namely, that the prerogative was to be

conceded to science that it should not lie under the limitations which

the general criminal code imposes upon every-day, trivial expressions

of opinion.

It is easy to understand that the legislature of any country will seek

to protect the institutions of the country. In the nature of the case,

the laws forbid inciting the citizens of a country to disorderly

outbreak against the constituted authority.

Indeed, if we accept certain current views of law and order we have no

difficulty in understanding that the law may consistently forbid all

such appeal to the passions as is designed to foster contempt and

disregard of existing conventions, or to stir up sentiments of hatred

and distrust in their populace through a direct appeal to the unstable

emotions.

But what is in the eternal nature of things free, on which no limits

must be imposed, the importance of which to the State itself is

greater than that of any single provision of law, to the free exercise

of which no provision of law can set bounds--that is the impulse to

scientific investigation.

No situation and no institution is perfect. Such a thing may happen as

that an institution which we are accustomed to consider the most

unimpeachable and indispensable, may, in fact, be vicious in the

highest degree, and be most seriously in need of reform.

Will any one deny this whose view comprehends the changes which

history records since the days of the Hindus or the Egyptians? Or even

if he looks no further than the narrow space of the past one hundred

years?

The Egyptian fellah warms the hearth of his squalid mud hut with the

mummies of the Pharaohs of Egypt, the all-powerful builders of the

everlasting pyramids. Customs, conventions, codes, dynasties, states,

nations come and go in incontinent succession. But, stronger than

these, never disappearing, forever growing, from the earliest

beginnings of the Ionic philosophy, unfolding in an ever-increasing

amplitude, outleaping all else, spreading from one nation and from one

people to another, and handed down, with devout reverence, from age to

age, there remains the stately growth of scientific knowledge.

And what is the source of all that unremitting progress, of all that

uninterruptedly, but insensibly, broadening amelioration which we see

peacefully accomplishing itself in the course of history, if it is not

this same scientific knowledge? And, this being so, science must have

its way without restraint; for science there is nothing fixed and

definite, to which its process of chemical analysis may not be

applied, nothing sacred, no _noli me tangere_. Without free scientific

inquiry, therefore, there is no outcome but stagnation, decline and

barbarism. And, while free scientific inquiry is the perennial

fountain-head of all progress in human affairs, this inquiry and its

gradually extending sway over men's convictions, is at the same time

the only guarantee of a peaceable advance. Whoever stops up this

fountain, whoever attempts to prevent its flowing at any point, or to

restrain its bearing upon any given situation, is not only guilty of

cutting off the sources of progress, but he is guilty of a breach of

the public peace and of endangering the stability of the State. It is

through the means of such scientific inquiry and its work of

painstaking elaboration that the exigencies of a progressively

changing situation are enabled gradually, and without harm, to have

their effect upon men's thinking and upon human relations, and so to

pass into the life of society. Whoever obstructs scientific inquiry

clamps down the safety valve of public opinion, and puts the State in

train for an explosion. He prohibits science from finding out the

malady and its remedy, and he thereby substitutes the resulting

convulsions of the death struggle for a diagnosis and a judicious

treatment.

Unrestrained freedom of scientific teaching is, accordingly, not only

an inalienable right of the individual, but, what is more to the

point, it is, primarily and most particularly, a necessity of life to

the community; it involves the life of the State itself.

Therefore has society formulated the provision that "Science and its

teaching is free," without qualification, without condition, without

limits; and this proviso is incorporated into the Constitution, in

order to make it plain that it must remain inviolate even at the hands

of the law-giver himself, that even he must not for a moment overlook

or disregard it. And so it serves as pledge of the continual peaceable

development of social life down to the remotest generations.

Does a question present itself at this point, Gentlemen? Am I setting

up a new and unheard-of theory on this head?

Am I, possibly, misconstruing the wording of the Constitution in order

to extricate myself from an embarrassing criminal process?

On the contrary, nothing is easier than to prove to you from the

evidences of history that this provision of the Constitution has never

been taken in any other sense; that for long centuries before the days

of the Constitution this theory has been current among us in usage

and practice; that it is by ancient tradition a characteristic feature

of the culture of all Germanic peoples.

In the days of Socrates, it was still possible to be indicted for

having taught new gods (Greek: katnos theous), and Socrates drank

the hemlock under such an indictment.

In antiquity all this was natural enough. The genius of antiquity was

so utterly identified with the conditions of its political life, and

religion was so integral an element in the foundations of the ancient

State, that the ancient mind was quite incapable of divesting itself

of these convictions, and so getting out of its integument. The spirit

of antiquity must stand or fall with its particular political

conventions, and, in the event, it fell with them.

Such being the spirit of those times, it follows that any scientific

doctrine which carried a denial of any element of the foundations of

the State was in effect an attack upon the nation's life and must

necessarily be dealt with as such.

All this changes when the ancient world passes away and the Germanic

peoples come upon the scene. These latter are peoples gifted with a

capacity to change their integument. By virtue of that faculty for

development that belongs to the guiding principle of their life, viz.:

the principle of the subjective spirit,--by virtue of this, these

latter are possessed of a flexibility which enables them to live

through the most widely varied metamorphoses. These peoples have

passed through many and extreme transformations, and, instead of

meeting their death and dissolution in the process, they have by force

of it ever emerged on a higher plane of development and into a richer

unfolding of life.[49]

The means by which these peoples are able to prepare the way for and

to achieve these transmutations through which they constantly emerge

to that fuller life, the rudiments of which are inborn in them, is the

principle of an unrestrained freedom of scientific research and

teaching.

Hence it comes that this instinct of free thought among these peoples

reaches expression very early, much earlier than the modern learned

world commonly suspects. "We are mistakenly in the habit of thinking

of free scientific inquiry as a fruitage of modern times. But among

these peoples that instinct is an ancient one which asserts that free

inquiry must be bound neither by the authority of a person nor by a

human ordinance; that, on the contrary, it is a power in itself,

resting immediately upon its own divine right, superior to and

antedating all human institutions whatever.

"_Quasi lignum vitae_," says Pope Alexander IV. in a constitution

addressed to the University of Paris in 1256, "_Quasi lignum vitae in

Paradiso Dei, et quasi lucerna fulgoris in Domo Domini, est in Sancta

Ecclesia Parisiensis Studii disciplina_." "As the tree of life in God's

Paradise and the lamp of glory in the house of God, such in the Holy

Church is the place of the Parisian corporation of learning." To

appreciate the import of these words of the holy father, it should be

borne in mind that in the Middle Ages all things whatever lived only by

virtue of a corporate existence, so that learning existed only as

incorporated in a university.

It would be a serious mistake to believe that the universities of the

Middle Ages rested that prerogative of scientific censure--_censura

doctrinatis_--to which they laid claim in such a comprehensive way,

upon these and other like papal or imperial and royal decrees of

establishment. Petrus Alliacensis, a man whom the University of Paris

elected as its _magnus magister_ in 1381, and who afterward wore the

archiepiscopal and also the cardinal's hat, tells us that not _ex jure

humano_, not from human legislation, but _ex jure divino_, from divine

law, does science derive its competence to exercise the _censura_; and

the privileges and charters granted by popes, emperors and kings are

nothing more than the acts of recognition of this prerogative of

science that comes to it _ex jure divino_, or, as an alternative

expression has it, _ex jure naturali_, by the law of nature. And in

this, Petrus Alliacensis is substantially borne out by all the later

scholastics.

Gentlemen, we are in the habit of giving ourselves airs and of looking

down on the Middle Ages as a time of darkness and barbarism. But in so

doing we are frequently in the wrong, and in no respect are we more

thoroughly in the wrong than in passing such an opinion upon the

position of science in the Middle Ages. Frequent and most solemn are

the cases in which recognition is made of the right of science to

raise her voice without all regard to king and pope, and even against

king and pope.

We have recently witnessed a conflict between the government and the

house of deputies as to the meeting of expenditures not granted by the

house. An impression has been diligently spread abroad through the

country that this is an unheard of piece of boldness and a subversive

assumption of power on the part of the house of deputies, and indeed

there have not been wanting deputies who have been astonished at

their own daring, and have taken some pride in it.

But, on the other hand, Gentlemen, in February, 1412, the University

of Paris, which was in no way intrusted with an oversight or a control

of this country's fiscal affairs, took occasion to address a memorial

to the King of France, Charles VI., as it said: "_pour la chose

publique du votre royaume_"--on the public concerns of the realm. And

in this memorial the university subjects the fiscal administration of

the country, together with other branches of the administration, to a

drastic criticism, and passes a verdict of unqualified condemnation

upon it. This _rémonstrance_ of the University of Paris rises to a

degree of boldness, both in its demands and in its tone, that is quite

foreign to anything which our house of deputies has done or might be

expected to do. It points out that the revenues have not been expended

for the purposes for which they were levied--"_on appert clairement,

que les dictes finances ne sont point employées à choses dessus

dictes_," etc.--and it closes this its review with the peremptory

demand: "_Item, et il fault savoir, où est cette finance,"--"Now, we

have a right to know what has become of these funds." It describes the

king's fiscal administration, including the highest officials, the

finance ministers, gouverneurs and treasurers, as a gang of lawless

miscreants, a band of rogues conspiring together for the ruin of the

country. It upbraids the king himself with having packed the

parliament of Paris, and so having corrupted the administration of

justice. It points out to him that his predecessors carried on the

government by means of much smaller revenues: "_au quel temps estoit

le royaume bien gouverné, autrement que maintenant_"--"when the

country was well governed, as is not the case today." The

_rémonstrance_ goes on to picture the burdens which rest upon the

poor, and to demand that these burdens be lightened by means of a

forced loan levied upon the rich. And the _rémonstrance_ closes with

the declaration that all this, which it has set forth is, in spite of

its length, but a very adequate presentation of the matter, in so

much that it would require several days to describe all the

misgovernment the country suffered.

[Illustration: THE IRON FOUNDRY _From the Painting by Adolph von

Menzel_]

The university rests its right to make such a _rémonstrance_ upon this

ground alone,--that it is the spokesman of science, of which all men

know that it is without selfish interest, that there are neither

public offices nor emoluments in its keeping, and that it is not

concerned with these matters in any connection but that of their

investigation; but precisely for this reason, it is incumbent upon

science to speak out openly when the case demands it.

And the conclusion to which it comes is of no less serious import than

this: It is the king's duty, without all delay (_sans quelque

dilacion_) to dismiss all comptrollers (_gouverneurs)_ of finance from

office, without exception (_sans nul excepter_), to apprehend their

persons and provisionally to sequestrate their goods, and, under

penalty of death and confiscation of property, to forbid all

communication between the lower officials of the fisc and these

comptrollers.

If you will read this voluminous _rémonstrance_, Gentlemen--you may

find it in the annals of that time by Enguerrand de Monstrelet (liv.

I. c. 99, Tom. II. p. 307 _et seq_., ed. Douët d'Aroy)--you cannot

avoid seeing that, had this memorial been promulgated in our time,

e.g., by the University of Berlin, there is scarce an offense

enumerated in the code but would have been found in it by the public

prosecutor. Defamation and insult of officials in the execution of

their office, contempt and abuse of the government's regulations and

the disposition taken by the officials, lèse majesté, incitement of

the subjects of the State to hatred and disrespect--and, indeed, I

know not what all would be the offenses which our prosecutors would

have discovered in the document. It is less than a year since,

according to the newspapers, a disciplinary inquiry was instituted

with respect to a memorial of a very different tenor, wherein one of

our universities declined the mandatory suggestions addressed to the

university by the ministers in regard to a given appointment. But,

at that earlier day, in the dark ages, such was not the custom. On the

other hand, in compliance with the university's demands, the treasurer

of the crown, Audry Griffart, together with many others of the high

officers of finance, was taken into custody, while others avoided a

like fate only by escaping into a church vested with the right of

asylum.

That was in 1412. But already eighty years before that date there

occurred another, and perhaps even more significant case, which I may

touch upon more briefly. Pope John XXII. promulgated a new

construction of the dogma of _visio beatifica_ and had it preached in

the churches. The University of Paris,--_nec pontificis reverentia

prohibuit_, says the report, _quominus veritati insistereat_,--"reverence

of the holy father prevented not the university from declaring the

truth"--, although the matter then in question was an article of the

faith and lay within a field within which the competence of the pope

could not be doubted, still the university, on the 22d of January, 1332,

put forth a decree in which this construction of the dogma was classed

to be erroneous.

Philip VI. served this decree upon the pope, then resident at Avignon,

with the declaration that, unless he recanted as the decree required,

he would have him burned as a heretic. And the pope, in fact,

recanted, although he was then on his deathbed. All of which you may

find set forth in Bulas, _Historia Universitatis Parisiensis_. (Paris,

1668, fol. Tom. IV. p. 375 _et seq_.)

These instances, which might be multiplied at will, may suffice to

show how unqualified was the freedom of science even in early days,

constrained by no punitive limitation at the hands of pope or king;

for, be it remembered, in the Middle Ages, science had, as I have

before remarked, only a corporate existence in its bearers, the

universities. So that the view for which I speak has practically been

accepted as much as five hundred years back, even in Catholic times

and among Latin peoples.

But now comes Protestantism and creates its political structure,

which it erects on precisely this broad principle of free thought and

free research. This principle has since that epoch been the foundation

upon which our entire political life has rested. A protestant State

has no other claim to existence than precisely this--cannot possibly

exist on other ground. When has there, since that time, been talk of a

penal prosecution in Prussia on account of a scientific doctrine?

The German Classics of the Nineteenth and Twentieth Centuries, Volume 10 Prince Otto Von Bismarck, Count Helmuth Von Moltke, Ferdinand Lassalle · 第 35 / 42 段