Chapter IV: Individual Liberty and Public Control

I

Society cannot exist without law and order, and cannot advance except

through the initiative of vigorous innovators. Yet law and order are

always hostile to innovations, and innovators are almost always, to

some extent, anarchists. Those whose minds are dominated by fear of a

relapse towards barbarism will emphasize the importance of law and

order, while those who are inspired by the hope of an advance towards

civilization will usually be more conscious of the need of individual

initiative. Both temperaments are necessary, and wisdom lies in

allowing each to operate freely where it is beneficent. But those who

are on the side of law and order, since they are reinforced by custom

and the instinct for upholding the _status quo_, have no need of a

reasoned defense. It is the innovators who have difficulty in being

allowed to exist and work. Each generation believes that this

difficulty is a thing of the past, but each generation is only

tolerant of _past_ innovations. Those of its own day are met with the

same persecution as though the principle of toleration had never been

heard of.

"In early society," says Westermarck, "customs are not only moral

rules, but the only moral rules ever thought of. The savage strictly

complies with the Hegelian command that no man must have a private

conscience. The following statement, which refers to the Tinnevelly

Shanars, may be quoted as a typical example: 'Solitary individuals

amongst them rarely adopt any new opinions, or any new course of

procedure. They follow the multitude to do evil, and they follow the

multitude to do good. They think in herds.'"[3]

[3] "The Origin and Development of the Moral Ideas," 2d edition,

Vol. I, p. 119.

Those among ourselves who have never thought a thought or done a deed

in the slightest degree different from the thoughts and deeds of our

neighbors will congratulate themselves on the difference between us

and the savage. But those who have ever attempted any real innovation

cannot help feeling that the people they know are not so very unlike

the Tinnevelly Shanars.

Under the influence of socialism, even progressive opinion, in recent

years, has been hostile to individual liberty. Liberty is associated,

in the minds of reformers, with _laissez-faire_, the Manchester School,

and the exploitation of women and children which resulted from what

was euphemistically called "free competition." All these things were

evil, and required state interference; in fact, there is need of an

immense increase of state action in regard to cognate evils which

still exist. In everything that concerns the economic life of the

community, as regards both distribution and conditions of production,

what is required is more public control, not less--how much more, I

do not profess to know.

Another direction in which there is urgent need of the substitution of

law and order for anarchy is international relations. At present,

each sovereign state has complete individual freedom, subject only to

the sanction of war. This individual freedom will have to be

curtailed in regard to external relations if wars are ever to cease.

But when we pass outside the sphere of material possessions, we find

that the arguments in favor of public control almost entirely

disappear.

Religion, to begin with, is recognized as a matter in which the state

ought not to interfere. Whether a man is Christian, Mahometan, or Jew

is a question of no public concern, so long as he obeys the laws; and

the laws ought to be such as men of all religions can obey. Yet even

here there are limits. No civilized state would tolerate a religion

demanding human sacrifice. The English in India put an end to suttee,

in spite of a fixed principle of non-interference with native

religious customs. Perhaps they were wrong to prevent suttee, yet

almost every European would have done the same. We cannot _effectively_

doubt that such practices ought to be stopped, however we may theorize

in favor of religious liberty.

In such cases, the interference with liberty is imposed from without

by a higher civilization. But the more common case, and the more

interesting, is when an independent state interferes on behalf of

custom against individuals who are feeling their way toward more

civilized beliefs and institutions.

"In New South Wales," says Westermarck, "the first-born of every lubra

used to be eaten by the tribe 'as part of a religious ceremony.' In

the realm of Khai-muh, in China, according to a native account, it was

customary to kill and devour the eldest son alive. Among certain

tribes in British Columbia the first child is often sacrificed to the

sun. The Indians of Florida, according to Le Moyne de Morgues,

sacrificed the first-born son to the chief....'"[4]

[4] _Op cit._, p. 459.

There are pages and pages of such instances.

There is nothing analogous to these practices among ourselves. When

the first-born in Florida was told that his king and country needed

him, this was a mere mistake, and with us mistakes of this kind do not

occur. But it is interesting to inquire how these superstitions died

out, in such cases, for example, as that of Khai-muh, where foreign

compulsion is improbable. We may surmise that some parents, under the

selfish influence of parental affection, were led to doubt whether the

sun would really be angry if the eldest child were allowed to live.

Such rationalism would be regarded as very dangerous, since it was

calculated to damage the harvest. For generations the opinion would

be cherished in secret by a handful of cranks, who would not be able

to act upon it. At last, by concealment or flight, a few parents

would save their children from the sacrifice. Such parents would be

regarded as lacking all public spirit, and as willing to endanger the

community for their private pleasure. But gradually it would appear

that the state remained intact, and the crops were no worse than in

former years. Then, by a fiction, a child would be deemed to have

been sacrificed if it was solemnly dedicated to agriculture or some

other work of national importance chosen by the chief. It would be

many generations before the child would be allowed to choose its own

occupation after it had grown old enough to know its own tastes and

capacities. And during all those generations, children would be

reminded that only an act of grace had allowed them to live at all,

and would exist under the shadow of a purely imaginary duty to the

state.

The position of those parents who first disbelieved in the utility of

infant sacrifice illustrates all the difficulties which arise in

connection with the adjustment of individual freedom to public

control. The authorities, believing the sacrifice necessary for the

good of the community, were bound to insist upon it; the parents,

believing it useless, were equally bound to do everything in their

power toward saving the child. How ought both parties to act in such

a case?

The duty of the skeptical parent is plain: to save the child by any

possible means, to preach the uselessness of the sacrifice in season

and out of season, and to endure patiently whatever penalty the law

may indict for evasion. But the duty of the authorities is far less

clear. So long as they remain firmly persuaded that the universal

sacrifice of the first-born is indispensable, they are bound to

persecute those who seek to undermine this belief. But they will, if

they are conscientious, very carefully examine the arguments of

opponents, and be willing in advance to admit that these arguments

_may_ be sound. They will carefully search their own hearts to see

whether hatred of children or pleasure in cruelty has anything to do

with their belief. They will remember that in the past history of

Khai-muh there are innumerable instances of beliefs, now known to be

false, on account of which those who disagreed with the prevalent view

were put to death. Finally they will reflect that, though errors

which are traditional are often wide-spread, new beliefs seldom win

acceptance unless they are nearer to the truth than what they replace;

and they will conclude that a new belief is probably either an

advance, or so unlikely to become common as to be innocuous. All

these considerations will make them hesitate before they resort to

punishment.

II

The study of past times and uncivilized races makes it clear beyond

question that the customary beliefs of tribes or nations are almost

invariably false. It is difficult to divest ourselves completely of

the customary beliefs of our own age and nation, but it is not very

difficult to achieve a certain degree of doubt in regard to them. The

Inquisitor who burnt men at the stake was acting with true humanity if

all his beliefs were correct; but if they were in error at any point,

he was inflicting a wholly unnecessary cruelty. A good working maxim

in such matters is this: Do not trust customary beliefs so far as to

perform actions which must be disastrous unless the beliefs in

question are wholly true. The world would be utterly bad, in the

opinion of the average Englishman, unless he could say "Britannia

rules the waves"; in the opinion of the average German, unless he

could say "Deutschland über alles." For the sake of these beliefs,

they are willing to destroy European civilization. If the beliefs

should happen to be false, their action is regrettable.

One fact which emerges from these considerations is that no obstacle

should be placed in the way of thought and its expression, nor yet in

the way of statements of fact. This was formerly common ground among

liberal thinkers, though it was never quite realized in the practice

of civilized countries. But it has recently become, throughout

Europe, a dangerous paradox, on account of which men suffer

imprisonment or starvation. For this reason it has again become worth

stating. The grounds for it are so evident that I should be ashamed

to repeat them if they were not universally ignored. But in the

actual world it is very necessary to repeat them.

To attain complete truth is not given to mortals, but to advance

toward it by successive steps is not impossible. On any matter of

general interest, there is usually, in any given community at any

given time, a received opinion, which is accepted as a matter of

course by all who give no special thought to the matter. Any

questioning of the received opinion rouses hostility, for a number of

reasons.

The most important of these is the instinct of conventionality, which

exists in all gregarious animals and often leads them to put to death

any markedly peculiar member of the herd.

The next most important is the feeling of insecurity aroused by doubt

as to the beliefs by which we are in the habit of regulating our

lives. Whoever has tried to explain the philosophy of Berkeley to a

plain man will have seen in its unadulterated form the anger aroused

by this feeling. What the plain man derives from Berkeley's

philosophy at a first hearing is an uncomfortable suspicion that

nothing is solid, so that it is rash to sit on a chair or to expect

the floor to sustain us. Because this suspicion is uncomfortable, it

is irritating, except to those who regard the whole argument as merely

nonsense. And in a more or less analogous way any questioning of what

has been taken for granted destroys the feeling of standing on solid

ground, and produces a condition of bewildered fear.

A third reason which makes men dislike novel opinions is that vested

interests are bound up with old beliefs. The long fight of the church

against science, from Giordano Bruno to Darwin, is attributable to

this motive among others. The horror of socialism which existed in

the remote past was entirely attributable to this cause. But it would

be a mistake to assume, as is done by those who seek economic motives

everywhere, that vested interests are the principal source of anger

against novelties in thought. If this were the case, intellectual

progress would be much more rapid than it is.

The instinct of conventionality, horror of uncertainty, and vested

interests, all militate against the acceptance of a new idea. And it

is even harder to think of a new idea than to get it accepted; most

people might spend a lifetime in reflection without ever making a

genuinely original discovery.

In view of all these obstacles, it is not likely that any society at

any time will suffer from a plethora of heretical opinions. Least of

all is this likely in a modern civilized society, where the conditions

of life are in constant rapid change, and demand, for successful

adaptation, an equally rapid change in intellectual outlook. There

should be an attempt, therefore, to encourage, rather than discourage,

the expression of new beliefs and the dissemination of knowledge

tending to support them. But the very opposite is, in fact, the case.

From childhood upward, everything is done to make the minds of men and

women conventional and sterile. And if, by misadventure, some spark

of imagination remains, its unfortunate possessor is considered

unsound and dangerous, worthy only of contempt in time of peace and of

prison or a traitor's death in time of war. Yet such men are known to

have been in the past the chief benefactors of mankind, and are the

very men who receive most honor as soon as they are safely dead.

The whole realm of thought and opinion is utterly unsuited to public

control; it ought to be as free, and as spontaneous as is possible to

those who know what others have believed. The state is justified in

insisting that children shall be educated, but it is not justified in

forcing their education to proceed on a uniform plan and to be

directed to the production of a dead level of glib uniformity.

Education, and the life of the mind generally, is a matter in which

individual initiative is the chief thing needed; the function of the

state should begin and end with insistence on some kind of education,

and, if possible, a kind which promotes mental individualism, not a

kind which happens to conform to the prejudices of government

officials.

III

Questions of practical morals raise more difficult problems than

questions of mere opinion. The thugs honestly believe it their duty

to commit murders, but the government does not acquiesce. The

conscientious objectors honestly hold the opposite opinion, and again

the government does not acquiesce. Killing is a state prerogative; it

is equally criminal to do it unbidden and not to do it when bidden.

The same applies to theft, unless it is on a large scale or by one who

is already rich. Thugs and thieves are men who use force in their

dealings with their neighbors, and we may lay it down broadly that the

private use of force should be prohibited except in rare cases,

however conscientious may be its motive. But this principle will not

justify compelling men to use force at the bidding of the state, when

they do not believe it justified by the occasion. The punishment of

conscientious objectors seems clearly a violation of individual

liberty within its legitimate sphere.

It is generally assumed without question that the state has a right to

punish certain kinds of sexual irregularity. No one doubts that the

Mormons sincerely believed polygamy to be a desirable practice, yet

the United States required them to abandon its legal recognition, and

probably any other Christian country would have done likewise.

Nevertheless, I do not think this prohibition was wise. Polygamy is

legally permitted in many parts of the world, but is not much

practised except by chiefs and potentates. If, as Europeans generally

believe, it is an undesirable custom, it is probable that the Mormons

would have soon abandoned it, except perhaps for a few men of

exceptional position. If, on the other hand, it had proved a

successful experiment, the world would have acquired a piece of

knowledge which it is now unable to possess. I think in all such

cases the law should only intervene when there is some injury

inflicted without the consent of the injured person.

It is obvious that men and women would not tolerate having their wives

or husbands selected by the state, whatever eugenists might have to

say in favor of such a plan. In this it seems clear that ordinary

public opinion is in the right, not because people choose wisely, but

because any choice of their own is better than a forced marriage.

What applies to marriage ought also to apply to the choice of a trade

or profession; although some men have no marked preferences, most men

greatly prefer some occupations to others, and are far more likely to

be useful citizens if they follow their preferences than if they are

thwarted by a public authority.

The case of the man who has an intense conviction that he ought to do

a certain kind of work is peculiar, and perhaps not very common; but

it is important because it includes some very important individuals.

Joan of Arc and Florence Nightingale defied convention in obedience to

a feeling of this sort; reformers and agitators in unpopular causes,

such as Mazzini, have belonged to this class; so have many men of

science. In cases of this kind the individual conviction deserves the

greatest respect, even if there seems no obvious justification for it.

Obedience to the impulse is very unlikely to do much harm, and may

well do great good. The practical difficulty is to distinguish such

impulses from desires which produce similar manifestations. Many

young people wish to be authors without having an impulse to write any

particular book, or wish to be painters without having an impulse to

create any particular picture. But a little experience will usually

show the difference between a genuine and a spurious impulse; and

there is less harm in indulging the spurious impulse for a time than

in thwarting the impulse which is genuine. Nevertheless, the plain

man almost always has a tendency to thwart the genuine impulse,

because it seems anarchic and unreasonable, and is seldom able to give

a good account of itself in advance.

What is markedly true of some notable personalities is true, in a

lesser degree, of almost every individual who has much vigor or force

of life; there is an impulse towards activity of some kind, as a rule

not very definite in youth, but growing gradually more sharply

outlined under the influence of education and opportunity. The direct

impulse toward a kind of activity for its own sake must be

distinguished from the desire for the expected effects of the

activity. A young man may desire the rewards of great achievement

without having any spontaneous impulse toward the activities which

lead to achievement. But those who actually achieve much, although

they may desire the rewards, have also something in their nature which

inclines them to choose a certain kind of work as the road which they

must travel if their ambition is to be satisfied. This artist's

impulse, as it may be called, is a thing of infinite value to the

individual, and often to the world; to respect it in oneself and in

others makes up nine tenths of the good life. In most human beings it

is rather frail, rather easily destroyed or disturbed; parents and

teachers are too often hostile to it, and our economic system crushes

out its last remnants in young men and young women. The result is

that human beings cease to be individual, or to retain the native

pride that is their birthright; they become machine-made, tame,

convenient for the bureaucrat and the drill-sergeant, capable of being

tabulated in statistics without anything being omitted. This is the

fundamental evil resulting from lack of liberty; and it is an evil

which is being continually intensified as population grows more dense

and the machinery of organization grows more efficient.

The things that men desire are many and various: admiration,

affection, power, security, ease, outlets for energy, are among the

commonest of motives. But such abstractions do not touch what makes

the difference between one man and another. Whenever I go to the

zoölogical gardens, I am struck by the fact that all the movements of

a stork have some common quality, differing from the movements of a

parrot or an ostrich. It is impossible to put in words what the

common quality is, and yet we feel that each thing an animal does is

the sort of thing we might expect that animal to do. This indefinable

quality constitutes the individuality of the animal, and gives rise to

the pleasure we feel in watching the animal's actions. In a human

being, provided he has not been crushed by an economic or governmental

machine, there is the same kind of individuality, a something

distinctive without which no man or woman can achieve much of

importance, or retain the full dignity which is native to human

beings. It is this distinctive individuality that is loved by the

artist, whether painter or writer. The artist himself, and the man

who is creative in no matter what direction, has more of it than the

average man. Any society which crushes this quality, whether

intentionally or by accident, must soon become utterly lifeless and

traditional, without hope of progress and without any purpose in its

being. To preserve and strengthen the impulse that makes

individuality should be the foremost object of all political

institutions.

IV

We now arrive at certain general principles in regard to individual

liberty and public control.

The greater part of human impulses may be divided into two classes,

those which are possessive and those which are constructive or

creative. Social institutions are the garments or embodiments of

impulses, and may be classified roughly according to the impulses

which they embody. Property is the direct expression of

possessiveness; science and art are among the most direct expressions

of creativeness. Possessiveness is either defensive or aggressive; it

seeks either to retain against a robber, or to acquire from a present

holder. In either case an attitude of hostility toward others is of

its essence. It would be a mistake to suppose that defensive

possessiveness is always justifiable, while the aggressive kind is

always blameworthy; where there is great injustice in the _status

quo_, the exact opposite may be the case, and ordinarily neither is

justifiable.

State interference with the actions of individuals is necessitated by

possessiveness. Some goods can be acquired or retained by force,

while others cannot. A wife can be acquired by force, as the Romans

acquired the Sabine women; but a wife's affection cannot be acquired

in this way. There is no record that the Romans desired the affection

of the Sabine women; and those in whom possessive impulses are strong

tend to care chiefly for the goods that force can secure. All

material goods belong to this class. Liberty in regard to such goods,

if it were unrestricted, would make the strong rich and the weak poor.

In a capitalistic society, owing to the partial restraints imposed by

law, it makes cunning men rich and honest men poor, because the force

of the state is put at men's disposal, not according to any just or

rational principle, but according to a set of traditional maxims of

which the explanation is purely historical.

In all that concerns possession and the use of force, unrestrained

liberty involves anarchy and injustice. Freedom to kill, freedom to

rob, freedom to defraud, no longer belong to individuals, though they

still belong to great states, and are exercised by them in the name of

patriotism. Neither individuals nor states ought to be free to exert

force on their own initiative, except in such sudden emergencies as

will subsequently be admitted in justification by a court of law. The

reason for this is that the exertion of force by one individual

against another is always an evil on both sides, and can only be

tolerated when it is compensated by some overwhelming resultant good.

In order to minimize the amount of force actually exerted in the

world, it is necessary that there should be a public authority, a

repository of practically irresistible force, whose function should be

primarily to repress the private use of force. A use of force is

_private_ when it is exerted by one of the interested parties, or by

his friends or accomplices, not by a public neutral authority

according to some rule which is intended to be in the public interest.

The régime of private property under which we live does much too

little to restrain the private use of force. When a man owns a piece

of land, for example, he may use force against trespassers, though

they must not use force against him. It is clear that some

restriction of the liberty of trespass is necessary for the

cultivation of the land. But if such powers are to be given to an

individual, the state ought to satisfy itself that he occupies no more

land than he is warranted in occupying in the public interest, and

that the share of the produce of the land that comes to him is no more

than a just reward for his labors. Probably the only way in which

such ends can be achieved is by state ownership of land. The

possessors of land and capital are able at present, by economic

pressure, to use force against those who have no possessions. This

force is sanctioned by law, while force exercised by the poor against

the rich is illegal. Such a state of things is unjust, and does not

diminish the use of private force as much as it might be diminished.

The whole realm of the possessive impulses, and of the use of force to

which they give rise, stands in need of control by a public neutral

authority, in the interests of liberty no less than of justice.

Within a nation, this public authority will naturally be the state; in

relations between nations, if the present anarchy is to cease, it will

have to be some international parliament.

But the motive underlying the public control of men's possessive

impulses should always be the increase of liberty, both by the

prevention of private tyranny and by the liberation of creative

impulses. If public control is not to do more harm than good, it must

be so exercised as to leave the utmost freedom of private initiative

in all those ways that do not involve the private use of force. In

this respect all governments have always failed egregiously, and there

is no evidence that they are improving.

The creative impulses, unlike those that are possessive, are directed

to ends in which one man's gain is not another man's loss. The man

who makes a scientific discovery or writes a poem is enriching others

at the same time as himself. Any increase in knowledge or good-will

is a gain to all who are affected by it, not only to the actual

possessor. Those who feel the joy of life are a happiness to others

as well as to themselves. Force cannot create such things, though it

can destroy them; no principle of distributive justice applies to

them, since the gain of each is the gain of all. For these reasons,

the creative part of a man's activity ought to be as free as possible

from all public control, in order that it may remain spontaneous and

full of vigor. The only function of the state in regard to this part

of the individual life should be to do everything possible toward

providing outlets and opportunities.

In every life a part is governed by the community, and a part by

private initiative. The part governed by private initiative is

greatest in the most important individuals, such as men of genius and

creative thinkers. This part ought only to be restricted when it is

predatory; otherwise, everything ought to be done to make it as great

and as vigorous as possible. The object of education ought not to be

to make all men think alike, but to make each think in the way which

is the fullest expression of his own personality. In the choice of a

means of livelihood all young men and young women ought, as far as

possible, to be able to choose what is attractive to them; if no

money-making occupation is attractive, they ought to be free to do

little work for little pay, and spend their leisure as they choose.

Any kind of censure on freedom of thought or on the dissemination of

knowledge is, of course, to be condemned utterly.

Huge organizations, both political and economic, are one of the

distinguishing characteristics of the modern world. These

organizations have immense power, and often use their power to

discourage originality in thought and action. They ought, on the

contrary, to give the freest scope that is possible without producing

anarchy or violent conflict. They ought not to take cognizance of any

part of a man's life except what is concerned with the legitimate

objects of public control, namely, possessions and the use of force.

And they ought, by devolution, to leave as large a share of control as

possible in the hands of individuals and small groups. If this is not

done, the men at the head of these vast organizations will infallibly

become tyrannous through the habit of excessive power, and will in

time interfere in ways that crush out individual initiative.

The problem which faces the modern world is the combination of

individual initiative with the increase in the scope and size of

organizations. Unless it is solved, individuals will grow less and

less full of life and vigor, and more and more passively submissive to

conditions imposed upon them. A society composed of such individuals

cannot be progressive or add much to the world's stock of mental and

spiritual possessions. Only personal liberty and the encouragement of

initiative can secure these things. Those who resist authority when

it encroaches upon the legitimate sphere of the individual are

performing a service to society, however little society may value it.

In regard to the past, this is universally acknowledged; but it is no

less true in regard to the present and the future.

Political Ideals · 第 4 / 5 章