=4. Reforms in Party Machinery.=--The last decade or so of our history

has been rife with schemes to improve political conditions. It has

become clear, among other things, that our national growth has carried

with it the development of secondary political agencies, not

contemplated by the framers of our constitutions, agencies which have

become primary in practical matters. These agencies are the "machines"

of political parties, with their hierarchical gradation of bosses from

national to ward rulers, bosses who are in close touch with great

business interests at one extreme, and with those who pander to the

vices of the community (gambling, drink, and prostitution) at the other;

parties with their committees, conventions, primaries, caucuses,

party-funds, societies, meetings, and all sorts of devices for holding

together and exciting masses of men to more or less blind acquiescence.

It is not necessary to point out the advantages which parties have

subserved in concentrating and defining public opinion and

responsibility in large issues; nor to dwell upon their value in

counteracting tendencies which break up and divide men into a multitude

of small groups having little in common with one another. But behind

these advantages a vast number of abuses have sheltered themselves.

Recent legislation and recent discussion have shown a marked tendency

formally to recognize the part actually played by party machinery in the

conduct of the State, and to take measures to make this factor more

responsible in its exercise. Since these measures directly affect the

conditions under which the government as the organ of the general will

does its work of securing the fundamental conditions of equal

opportunity for all, they have a direct moral import. Such questions as

the Australian ballot, the recognition of party emblems and party

groupings of names; laws for direct primary nominations; the registering

of voters for primary as well as for final elections; legal control of

party committees and party conventions; publicity of accounts as to the

reception and use of party funds; forbidding of contributions by

corporations, are thus as distinctly moral questions as are bribery and

ballot-box stuffing.

=5. Reforms in Governmental Machinery.=--Questions that concern the

respective advantages of written versus unwritten constitutions are in

their present state problems of technical political science rather than

of morals. But there are problems, growing out of the fact that for the

most part American constitutions were written and adopted under

conditions radically unlike those of the present, which have a direct

ethical import. As already noted, our constitutions are full of

evidences of distrust of popular cooperative action. They did not and

could not foresee the direction of industrial development, the increased

complexity of social life, nor the expansion of national territory. Many

measures which have proved indispensable have had therefore to be as it

were smuggled in; they have been justified by "legal fictions" and by

interpretations which have stretched the original text to uses undreamed

of. At the same time, the courts, which are the most technical and legal

of our political organs, are supreme masters over the legislative

branch, the most popular and general. The distribution of functions

between the states and the nation is curiously ill-adapted to present

conditions (as the discussions regarding railway regulation indicate);

and the distribution of powers between the state and its municipalities

is hardly less so, resting in theory upon the idea of local

self-government, and in practice doing almost everything possible to

discourage responsible initiative for the conduct of their own affairs

on the part of municipalities.

These conditions have naturally brought forth a large crop of

suggestions for reforms. It is not intended to discuss them here, but

the more important of them, so far as involving moral questions, may be

briefly noted. The proposals termed the initiative and the referendum

and the "recall" (this last intended to enable the people to withdraw

from office any one with whose conduct of affairs they are dissatisfied)

are clearly intended to make the ideal of democratic control more

effective in practice. Proposals for limited or complete woman's

suffrage call attention to the fact that one-half of the citizenship

does the political thinking for the other half, and emphasize the

difficulty under such conditions of getting a comprehensive social

standpoint (which, as we have already seen, is the sympathetic and

reasonable standpoint) from which to judge social issues. Many sporadic

propositions from this and that quarter indicate a desire to revise

constitutions so as to temper their cast-iron quality and increase their

flexible adaptation to the present popular will, and so as to emancipate

local communities from subjection to State legislatures in such a way as

to give them greater autonomy and hence greater responsibility, in the

management of their own corporate affairs. It is not the arguments _pro_

and _con_ that we are here concerned with; but we are interested to

point out that moral issues are involved in the settlement of these

questions. It may, moreover, be noted that dividing lines in the

discussion are generally drawn, consciously or unconsciously, on the

basis of the degree of faith which exists in the democratic principle

and ideal, as against the class idea in some of its many forms.

=6. Constructive Social Legislation.=--The rapid change of economic

methods, the accumulation and concentration of wealth, the aggregation

of capital and labor into distinct bodies of corporations and trusts, on

one side, and federated labor unions, on the other; the development of

collective agencies of production and distribution, have brought to the

focus of public attention a large number of proposals for new

legislation, almost all of which have a direct moral import. These

matters are discussed at length in subsequent chapters (chs.

xxii.-xxv.); and so are passed over here with the reminder that, while

on one side they are questions of the ethics of industry, they are also

questions of the right and wrong use of political power and authority.

We may also note that the theoretical principle at issue, the extension

versus the restriction of governmental agencies, so far as it is not

simply a question of what is expedient under the given circumstances, is

essentially a question of a _generalized_ versus a _partial_

individualism. The democratic movement of emancipation of personal

capacities, of securing to each individual an _effective_ right to count

in the order and movement of society as a whole (that is, in the common

good), has gone far enough to secure to many, more favored than others,

peculiar powers and possessions. It is part of the irony of the

situation that such now oppose efforts to secure equality of opportunity

to _all_ on the ground that these efforts would effect an invasion of

individual liberties and rights: i.e., of privileges based on

inequality. It requires perhaps a peculiarly sympathetic imagination to

see that the question really involved is not one of magnifying the

powers of the State against individuals, but is one of making individual

liberty a more extensive and equitable matter.

=7. The International Problem.=--The development of national States

marks a tremendous step forward in the realization of the principle of a

truly inclusive common good. But it cannot be the final step. Just as

clans, sects, gangs, etc., are intensely sympathetic within and

intensely exclusive and jealous without, so States are still arrayed

against States, with patriotism, loyalty, as an internal virtue, and the

distrust and hatred of divisive hostility as the counterpart vice. The

idea of humanity in the abstract has been attained as a moral ideal. But

the political organization of this conception, its embodiment in law and

administrative agencies, has not been achieved. International law,

arbitration treaties, and even a court like the Hague tribunal, whose

power is sentimental rather than political, mark steps forward. Nothing

could be more absurd, from the historic point of view, than to regard

the conception of an international State of federated humanity, with its

own laws and its own courts and its own rules for adjudicating disputes,

as a mere dream, an illusion of sentimental hope. It is a very slight

step to take forward compared with that which has substituted the

authority of national States for the conflict of isolated clans and

local communities; or with that which has substituted a publicly

administered justice for the regime of private war and retaliation. The

argument for the necessity (short of the attainment of a federated

international State with universal authority and policing of the seas)

of preparing in peace by enlarged armies and navies for the possibility

of war, must be offset at least by recognition that the possession of

irresponsible power is always a direct temptation to its irresponsible

use. The argument that war is necessary to prevent moral degeneration of

individuals may, under present conditions, where every day brings its

fresh challenge to civic initiative, courage, and vigor, be dismissed as

unmitigated nonsense.

Sec. 4. THE MORAL CRITERION OF POLITICAL ACTIVITY

The moral criterion by which to try social institutions and political

measures may be summed up as follows: The test is whether a given custom

or law sets free individual capacities in such a way as to make them

available for the development of the general happiness or the common

good. This formula states the test with the emphasis falling upon the

side of the individual. It may be stated from the side of associated

life as follows: The test is whether the general, the public,

organization and order are promoted in such a way as to equalize

opportunity for all.

=Comparison with the Individualistic Formula.=--The formula of the

individualistic school (in the narrow sense of that term--the

_laissez-faire_ school) reads: The moral end of political institutions

and measures is the maximum possible freedom of the individual

consistent with his not interfering with like freedom on the part of

other individuals. It is quite possible to interpret this formula in

such a way as to make it equivalent to that just given. But it is not

employed in that sense by those who advance it. An illustration will

bring out the difference. Imagine one hundred workingmen banded together

in a desire to improve their standard of living by securing higher

wages, shorter hours, and more sanitary conditions of work. Imagine one

hundred other men who, because they have no families to support, no

children to educate, or because they do not care about their standard of

life, are desirous of replacing the first hundred at lower wages, and

upon conditions generally more favorable to the employer of labor. It is

quite clear that in offering themselves and crowding out the others,

they are not interfering with the _like_ freedom on the part of others.

The men already engaged are "free" to work for lower wages and longer

time, if they want to. But it is equally certain that they are

interfering with the _real_ freedom of the others: that is, with the

effective expression of their _whole_ body of activities.

The formula of "_like_ freedom" artificially isolates some one power,

takes that in the abstract, and then inquires whether _it_ is interfered

with. The one truly moral question is what relation this particular

power, say the power to do a certain work for a certain reward, sustains

to all the other desires, purposes, and interests of the individual. How

are _they_ affected by the way in which some one activity is exercised?

It is in them that the concrete freedom of the man resides. We do not

know whether the freedom of a man is interfered with or is assisted

until we have taken into account his whole system of capacities and

activities. The maximum freedom of one individual consistent with equal

_concrete_ or _total_ freedom of others, would indeed represent a high

moral ideal. But the individualistic formula is condemned by the fact

that it has in mind only an abstract, mechanical, external, and hence

formal freedom.

=Comparison with the Collectivistic Formula.=--There is a rival formula

which may be summed up as the subordination of private or individual

good to the public or general good: the subordination of the good of the

part to the good of the whole. This notion also _may_ be interpreted in

a way which renders it identical with our own criterion. But it is

usually not so intended. It tends to emphasize quantitative and

mechanical considerations. The individualistic formula tends in practice

to emphasize the freedom of the man who has power at the expense of his

neighbor weaker in health, in intellectual ability, in worldly goods,

and in social influence. The collectivistic formula tends to set up a

static social whole and to prevent the variations of individual

initiative which are necessary to progress. An individual variation may

involve opposition, not conformity or subordination, to the existing

social good taken statically; and yet may be the sole means by which the

existing State is to progress. Minorities are not always right; but

every advance in right begins in a minority of one, when some individual

conceives a project which is at variance with the social good as it

_has_ been established.

A true public or social good will accordingly not subordinate individual

variations, but will encourage individual experimentation in new ideas

and new projects, endeavoring only to see that they are put into

execution under conditions which make for securing responsibility for

their consequences. A just social order promotes in all its members

habits of criticizing its attained goods and habits of projecting

schemes of new goods. It does not aim at intellectual and moral

subordination. Every form of social life contains survivals of the past

which need to be reorganized. The struggle of some individuals _against_

the existing subordination of their good to the good of the whole is the

method of the reorganization of the whole in the direction of a more

generally distributed good. Not order, but orderly progress, represents

the social ideal.

LITERATURE

Green, _Principles of Political Obligation_, 1888; Ritchie, _Principles

of State Interference_, 1891, _Natural Rights_, 1895; Lioy, _Philosophy

of Right_, 2 vols., 1901; Willoughby, _An Examination of the Nature of

the State_, 1896; Wilson, _The State_, 1889; Donisthorpe,

_Individualism_, 1889; Giddings, _Democracy and Empire_, 1900; Mulford,

_The Nation_, 1882; Spencer, _Principles of Sociology_, Vol. II., Part

V., 1882, on Political Institutions; Bentham, _Fragment on Government_,

1776; Mill, _Considerations on Representative Government_, 1861, _On

Liberty_, 1859, and _The Subjection of Women_, 1859; Austin,

_Jurisprudence_, 2 vols., 4th ed., 1873; Hadley, _The Relations between

Freedom and Responsibility in the Evolution of Democratic Government_,

1903; Pollock, _Expansion of the Common Law_, 1904; Hall, _Crime in Its

Relations to Social Progress_, 1901; _Philanthropy and Social Progress_,

Seven Essays, 1893; Stephen (J. F.), _Liberty, Equality, Fraternity_,

1873 (a criticism of Mill's _Liberty_); Tufts, _Some Contributions of

Psychology to the Conception of Justice_, Philosophical Review, Vol.

XV., p. 361.

FOOTNOTES:

[204] A traveler tells of overhearing children in Australia, when one of

their kin had injured some one in another clan, discuss whether or no

they came within the degree of nearness of relationship which made them

liable to suffer.

[205] Hearn, _The Aryan Household_, p. 431. Hearn is speaking, moreover,

of a later and more advanced condition of society, one lying well within

"civilization."

[206] Those interested in this important history, as every student of

morals may well be, will find easily accessible material in the

following references: Hobhouse, _Morals in Evolution_, ch. iii. of Vol.

I.; Hearn, _The Aryan Household_, ch. xix.; Westermarck, _The Origin and

Development of the Moral Ideas_, Vol. I., pp. 120-185, and parts of ch.

xx.; Sutherland, _Origin and Growth of the Moral Instinct_, chs. xx. and

xxi.; Pollock and Maitland, _History of of English Law_, Vol. II., pp.

447-460 and ch. ix.; Pollock, _Oxford Lectures_ (The King's Peace);

Cherry, _Criminal Law in Ancient Communities_; Maine, _Ancient Law_.

References to anthropological literature, dealing with savage and

barbarian customs, will be found especially in Westermarck and Hobhouse.

[207] For facts regarding the importance and nature of these

conceptions, see Westermarck, _op. cit._, pp. 52-72; Robertson Smith,

_The Religion of the Semites_, pp. 427-435 and 139-149; Jevons,

_Introduction to the History of Religion_; Hobhouse, _op. cit._, Vol.

II., chs. i. and ii.; and in general facts bearing on the relations

between taboos, holiness, and uncleanness; ablutions, purifications by

fire, transference by scapegoats; also the evil power of curses, and the

early conceptions of doom and fate. For a suggestive interpretation of

the underlying facts, see Santayana, _The Life of Reason_, Vol. III.,

chs. iii. and iv.

[208] See Plato, _Laws_, IX., 873. Compare Holmes, _Common Law_. In

mediaeval and early modern Europe, offending objects were "deodand," that

is, devoted to God. They were to be appropriated by the proper civil or

ecclesiastical authority, and used for charity. In theory, this lasted

in England up to 1846. See Tylor, _Primitive Culture_, Vol. I., pp.

286-287; and Pollock and Maitland, _op. cit._, II., pp. 471-472.

[209] _Op. cit._, p. 257.

[210] The very words cause and to blame are closely connected in their

origin. Cf. the Greek [Greek: aitia].

[211] Pollock and Maitland, _op. cit._, II., p. 469; I., 30. For the

history of the idea of accident in English law with reference to

homicide, see also pp. 477-483. Also Stephen, _History of the Criminal

Law in England_, Vol. III., pp. 316-376.

[212] Pollock and Maitland, II., p. 473; see Westermarck, pp. 240-247.

[213] The slowness and indirectness of change throw light upon the

supposed distinction of justice and mercy (see _ante_, p. 415). When the

practical injustice of regarding accidental homicide or killing in

self-defense as murder began to be felt, the theory was still that the

man in justice was guilty, but that he was to be recommended to the

crown for mercy or pardon. This was a mean term in the evolution of our

present notion of justice.

[214] For some of the main historic facts on intellectual disability,

see Westermarck, pp. 264-277.

[215] Popular judgment, we may say, tends to be as grossly utilitarian

in its practice as it is grossly intuitional in its theoretical

standpoint. In assuming the possibility of an almost infallible,

offhand, pat perception of right and wrong, it commits itself

practically to judging in an offhand, analyzed way, on the basis of the

evils which overtly result.

[216] See Pollock and Maitland, Vol. II., p. 561, who quote from

Ihering: "Formulation is the sworn enemy of arbitrariness, the

twin-sister of liberty"; and who add: "As time goes on there is always a

larger room for discretion in the law of procedure: but discretionary

powers can only be safely entrusted to judges whose impartiality is

above suspicion and whose every act is exposed to public and

professional criticism."

[217] A lawyer, asked if the poor were not at a disadvantage in the

legal maintenance of their rights, replied: "_Not any more than they are

in the other relations of life._"

[218] The devices of "equity" as distinct from strict legality are of

course in part intended to secure this result.

[219] Robinson and Beard, _Development of Modern Europe_, Vol. II., p.

207.

[220] "Man the Reformer."

[221] The term "the King's Peace," as the equivalent in England for the

peace and order of the commonwealth, goes back to a time when literally

it meant a private possession. Pollock says that the desire to collect

larger revenues was the chief motive for pushing the royal jurisdiction

against lesser local authorities. Essay on the King's Peace in _Oxford

Essays_.

[222] Says President Hadley: "The fundamental division of powers in the

Constitution of the United States is between voters on the one hand, and

property-owners on the other. The forces of democracy on one side,

divided between the executive and the legislature, are set over against

the forces of property on the other side, with the judiciary as arbiter

between them.... The voter could elect what officers he pleased, so long

as these officers did not try to do certain duties confided by the

Constitution to the property-holders. Democracy was complete as far as

it went, but constitutionally it was bound to stop short of _social_

democracy."

CHAPTER XXII

THE ETHICS OF THE ECONOMIC LIFE

In considering the ethics of the economic life and of property, so far

as this latter topic has not received treatment elsewhere, we give (1) a

general analysis of the ethical questions involved, (2) a more specific

account of the problems raised by the present tendencies of industry,

business, and property; we follow these analyses with (3) a statement of

principles, and (4) a discussion of unsettled problems.

Sec. 1. GENERAL ANALYSIS

Both the economic process and property have three distinct ethical

aspects corresponding respectively to the ethical standpoint of

happiness, character, and social justice. (1) The economic process

supplies men with goods for their bodily wants and with many of the

necessary means for satisfying intellectual, aesthetic, and social needs;

property represents permanence and security in these same values. (2)

Through the difficulties it presents, the work it involves, and the

incitements it offers, the economic process has a powerful influence in

evoking skill, foresight, and scientific control of nature, in forming

character, and stimulating ambition to excel. Property means power,

control, and the conditions for larger freedom. (3) The economic process

has an important social function. Through division of labor,

cooperation, and exchange of goods and services, it affords one of the

fundamental expressions of the organic nature of society in which

members are reciprocally ends to each other. Property, likewise, is not

only a possessing, but a "right," and thus, like all rights, involves

the questions why and how far society should support the individual in

his interests and claims. Let us examine each of these aspects further.

=1. The Economic in Relation to Happiness.=--Subject to the important

qualifications to be made below under this and the succeeding sections,

we note first that the supply of needs and wants by industry and

commerce is ethically a good. A constant increase in production and

consumption is at least a possible factor in a fuller life. Wealth is a

possible condition of weal, even if it is not to be gratuitously

identified with it. Rome is frequently cited as an example of the evil

effects of material wealth. But it was not wealth _per se_, but wealth

(a) gained by conquest, and exploitation, rather than by industry; (b)

controlled by a minority; and (c) used in largesses or in crude

spectacles--rather than democratically distributed and used to minister

to higher wants. The present average income in the United States is

about two hundred dollars a year per capita, too small a sum to permit

comfortable living, sufficient education for children, and the

satisfaction which even a very moderate taste may seek. From this point

of view we may then ask of any industrial process or business method

whether it is an economical and efficient method of production, and

whether it naturally tends to stimulate increased production. To do this

is--so far as it goes--ethically as well as economically desirable.

If wealth is a good, it might seem that property must be judged by the

same standard, since it represents security in the satisfactions which

wealth affords. But there is an important distinction. Wealth means

enjoyment of goods and satisfaction of wants. Property means the title

to the exclusive use or possession of goods. Hence the increase of

property may involve increasing exclusion of part of the community from

wealth, although the owners of the property may be increasing their own

enjoyments. For, as pointed out very forcibly by Hadley in the first

chapter of his _Economics_, the public wealth of a community is by no

means equal to the sum of its private property. If all parks were

divided up into private estates, all schoolhouses controlled by private

owners, all water supplies and highways given into private control, the

sum of private property might be very much increased; but the public

wealth would be decreased. Property is one of the means of dealing with

public wealth. It is important to bear in mind, however, that it is only

one means. Wealth may be (1) privately owned and privately used; (2)

privately owned and publicly or commonly used; (3) publicly owned, but

privately used; (4) publicly owned and publicly or commonly used.

Illustrations of these four methods are, for the first, among

practically all peoples, clothing and tools; of the second, a private

estate opened to public use--as a park; of the third, public lands or

franchises leased to individuals; of the fourth, public highways, parks,

navigable rivers, public libraries. Whether property in any given case

is a means to happiness will depend, then, largely upon whether it

operates chiefly to increase wealth or to diminish it. The view has not

been infrequent that the wealth of the community is the sum of its

private property. From this it is but a step to believe "that the

acquisition of property is the production of wealth, and that he best

serves the common good who, other things equal, diverts the larger share

of the aggregate wealth to his own possession."[223] The ethical

questions as to the relation of property to happiness involve

accordingly the problem of justice and can be more conveniently

considered under that head.

=2. Relation to Character.=--Even in its aspect of satisfying human

wants, quantity of production is not the only consideration. As was

pointed out in the chapters on Happiness, the satisfaction of any and

every want is not necessarily a moral good. It depends upon the nature

of the wants; and as the nature of the wants reflects the nature of the

man who wants, the moral value of the economic process and of the wealth

it provides must depend upon the relation of goods to persons. As

economists we estimate values in terms of external goods or commodities;

as ethical students we estimate values in terms of a certain quality of

life. We must ask first how the satisfaction of wants affects the

consumers.

=Moral Cost of Production.=--Consider next the producers. It is

desirable to have cheap goods, but the price of goods or service is not

measurable solely in terms of other commodities or service; the price of

an article is also, as Thoreau has said, what it costs in terms of human

life. There is cheap production which by this standard is dear. The

introduction of machinery for spinning and weaving cotton cheapened

cotton cloth, but the child labor which was supposedly necessary as a

factor in cheap production, involving disease, physical stunting,

ignorance, and frequently premature exhaustion or death, made the

product too expensive to be tolerated. At least, it was at last

recognized as too expensive in England; apparently the calculation has

to be made over again in every community where a new system of child

labor is introduced. What is true of child labor is true of many other

forms of modern industry--the price in human life makes the product

dear. The minute subdivision of certain parts of industry with the

consequent monotony and mechanical quality of the labor, the accidents

and diseases due to certain occupations, the devices to cheapen goods by

ingredients which injure the health of the consumer, the employment of

women under unsanitary conditions and for excessive hours with

consequent risk to the health of themselves and their offspring--all

these are part of the moral price of the present processes of industry

and commerce.

Moreover, the relation of production to physical welfare is only one

aspect of its effects upon life and character. We may properly ask of

any process or system whether it quickens intelligence or deadens it,

whether it necessitates the degradation of work to drudgery, and whether

it promotes freedom or hampers it. To answer this last question we shall

have to distinguish formal from real freedom. It might be that a system

favorable to the utmost formal freedom--freedom of contract--would

result in the most entire absence of that real freedom which implies

real alternatives. If the only alternative is, this or starve, the real

freedom is limited.

=Property and Character.=--Viewed on its positive side, property means

an expansion of power and freedom. To seize, master, and possess is an

instinct inbred by the biological process. It is necessary for life; it

is a form of the _Wille zum Leben_ or _Wille zur Macht_ which need not

be despised. But in organized society possession is no longer mere

animal instinct; through expression in a social medium and by a social

person it becomes a _right_ of property. This is a far higher capacity;

like all rights it involves the assertion of personality and of a

rational claim upon fellow members of society for their recognition and

backing. Fichte's doctrine, that property is essential to the effective

exercise of freedom, is a strong statement of its moral importance to

the individual.

Over against these positive values of property are certain evils which

moralists have always recognized, evils both to the property owner and

to society. Avarice, covetousness, hardness toward others, seem to be

the natural effects of the enormous possibilities of power offered by

property, joined with its exclusive character. The prophets of Israel

denounced the rich, and Jesus's image of the difficulty found by the

rich man in entering the kingdom of God--a moral society--has met

general acceptance. Plato's portrayal of the State in which the wealthy

rule sketches the perversion and disobedience of laws, the jealousies

and class hatred, the evasion of taxes for public defense, and gives the

moral outcome:--

"And henceforth they press forward on the path of money-getting,

losing their esteem for virtue as the esteem for wealth grows upon

them. For can you deny that there is such a gulf between wealth

and virtue, that when weighed as it were in the two scales of a

balance one of the two always falls, as the other rises?"[224]

Even apart from questions of just distribution, the moral question

arises as to whether an unlimited power should be given to individuals

in this form, and whether there should be unlimited right of

inheritance. But all these tend to pass over at once into questions of

justice.

=3. Social Aspects.=--The various relations of man to man, political,

friendly, kindred, are developed forms of the interdependence implicit

in the early group life. A group of units, each independent of the

others, would represent mass only, but such a group as is made up of

men, women, and children, sustaining all the relations found in present

human life, represents something vastly more than a mass of individuals.

Every life draws from the rest. Man without friendship, love, pity,

sympathy, communication, cooperation, justice, rights, or duties, would

be deprived of nearly all that gives life its value.

The necessary help from others is obtained in various ways. Parental,

filial, and other kinship ties, friendship and pity, give rise to

certain services, but they are necessarily limited in their sphere and

exact in return a special attitude that would be intolerable if made

universal. The modern man does not want to be cousin to every one, to

give every one his personal friendship, to be in a perpetual attitude of

receiving favors, or of asking and not receiving. Formerly the way of

getting service from men outside these means was by slavery. The

economic relation provides for the mutual exchange of goods and services

on a basis of self-respect and equality. Through its system of contracts

it provides for future as well as present service. It enables each to

obtain the services of all the rest, and in turn to contribute without

incurring any other claims or relations. Nor does it at all diminish the

moral value of these mutual exchanges of goods and services that they

may be paid for. It used to be the theory that in every bargain one

party gained and the other lost. It is now recognized that a normal

transaction benefits both parties. The "cash payment basis," which was

at first denounced as substituting a mechanical nexus for the old

personal tie, is in reality a means for establishing a greater

independence instead of the older personal relation of "master" and

"servant." It enabled a man, as Toynbee puts it, to sell his labor like

any other commodity without selling himself.

But while the economic process has these moral possibilities, the

morality of any given system or practice will depend on how far these

are actually realized.

First of all, we may fairly ask of a process, Does it give to each

member the kind of service needed by him? In economic terms, Does it

produce the kinds of goods which society needs and desires? A method

which provides for this successfully will in so far be providing against

scarcity of some goods and oversupply of others, and thus against one of

the sources of crises, irregularity of work and wages, and ultimately

against suffering and want.

Secondly, if the process is an expression of the mutual dependence and

service of members who as persons all have, as Kant puts it, intrinsic

worth, and who in our political society are recognized as equal, we may

fairly ask how it distributes the results of services rendered. Does

the process tend to a broad and general distribution of goods in return

for services rendered, or to make "the rich richer and the poor poorer?"

Or, from another point of view, we might ask, Does the process tend to

reward members on a moral or equitable basis, or upon a basis which is

non-moral if not immoral or unjust.

Thirdly, the problem of _conflicting services_ presents itself under

several forms. There is, first, the ever-present conflict between

producer and consumer. Higher wages and shorter hours are good for the

carpenter or the weaver, until he pays his rent or buys clothes, when he

is interested in cheaper goods. What principle can be employed to adjust

such a question? Again, service to the consumer may lead a producer to a

price-list implying a minimum of profits. One producer can afford this

because of his larger business, but it will drive his competitor from

the field. Shall he agree to a higher price at which all can do

business, or insist on the lower which benefits the consumer and also

himself? The labor union is a constant embodiment of the problem of

conflicting services. How far shall it serve a limited group, the union,

at the expense of other workers in the same trade--non-unionists? Does

it make a difference whether the union is open to all, or whether the

dues are fixed so high as to limit the membership? Shall the apprentices

be limited to keep up the wage by limiting the supply? If so, is this

fair to the boys or unskilled laborers who would like to enter? And

granting that it is a hardship to these, is it harder or is it kinder to

them than it would be to leave the issue to the natural weeding out or

starving-out procedure of natural selection in case too many enter the

trade? Shall the hours be reduced and wages raised as high as possible,

or is there a "fair" standard--fair to both consumer and laborer? How

far may the union combine with the capitalist to raise prices to the

consumer?

=Private Property and Social Welfare.=--The social value of property is

obviously indirect, just as in law, private rights are regarded as

indirectly based on social welfare. It is society's aim to promote the

worth of its members and to favor the development of their personal

dignity and freedom. Property may, therefore, claim social value in so

far as it serves these ends, unless it interferes with other social

values. The effect of private property has seemed to some disastrous to

community of interest and feeling. Plato, for example, in his ideal

state would permit his guardians no private property. There would, then,

be no quarrels over "meum" and "tuum," no suits or divisions, no petty

meanness or anxieties, no plundering of fellow-citizens, no flattery of

rich by poor. The mediaeval church carried out his theory. Even modern

society preserves a certain trace of its spirit. For the classes that

Plato called guardians--soldiers, judges, clergy, teachers--have

virtually no property, although they are given support by society. It

would probably be generally agreed that it is better for the public that

these classes should not have large possessions. But it is obvious that

private property is not the sole cause of division between individuals

and classes. Where there is a deep-going unity of purpose and feeling,

as in the early Christian community, or in various other companies that

have attempted to practice communism, common ownership of wealth may be

morally valuable as well as practically possible. But without such

unity, mere abolition of property is likely to mean more bitter

divisions, because there is no available method for giving to each the

independence which is necessary to avoid friction and promote happiness.

Granting, however, the general position that some parts of wealth should

be privately owned, we must recognize that a great number of moral

problems remain as to the precise conditions under which society will

find it wise to entrust the control of wealth to private ownership. For

it must be clearly kept in mind that there is no absolute right of

private property. Every right, legal or moral, derives from the social

whole, which in turn, if it is a moral whole, must respect the

individuality of each of its members. On this basis moral problems, such

as the following, must be considered. What kind of public wealth should

be given into absolute control of private individuals or impersonal

corporations? Does the institution in its present form promote the good

of those who have no property as well as of those who have it, or only

of those who own? Would the welfare of society as a whole be promoted by

giving a larger portion of public wealth into private control, or by

retaining a larger proportion than at present under public ownership?

Should there be any limit to the amount of land or other property which

an individual or corporation may own? Are there any cases in which

private ownership operates rather to exclude the mass of society from

the benefits of civilization than to give them a share of those

benefits? Should a man be allowed to transmit all his property to his

heirs, or should it be in part reserved by society?

The preceding analysis has aimed to state some of the problems which

belong necessarily to the economic life. At the present time, however,

the moral issues assume a new and puzzling aspect because of the changes

in economic conditions. It will be necessary to consider briefly these

changed conditions.

Sec. 2. THE PROBLEMS SET BY THE NEW ECONOMIC ORDER

=The Collective and Impersonal Organizations.=--Two changes have come

over a large part of the economic and industrial field. The first is the

change from an individual to a collective basis. The second, which is in

part a consequence of the first, is a change from personal to

impersonal or corporate relations. Corporations are of course composed

of persons, but when organized for economic purposes they tend to become

simply economic purpose incorporate, abstracted from all other human

qualities. Although legally they may be subjects of rights and duties,

they have but one motive, and are thus so abstract as to be morally

impersonal. They tend to become machines for carrying on business,

and, as such, may be as powerful--and as incapable of moral

considerations--as other machines.

=Ethical Readjustment.=--Both these changes require readjustment of our

ethical conceptions. Our conceptions of honesty and justice, of rights

and duties, got their present shaping largely in an industrial and

business order when mine and thine could be easily distinguished; when

it was easy to tell how much a man produced; when the producer sold to

his neighbors, and an employer had also the relations of neighbor to his

workmen; when responsibility could be personally located, and conversely

a man could control the business he owned or make individual contracts;

when each man had his own means of lighting, heating, water supply, and

frequently of transportation, giving no opportunity or necessity for

public service corporations. Such conceptions are inadequate for the

present order. The old honesty could assume that goods belonged to their

makers, and then consider exchanges and contracts. The new honesty will

first have to face a prior question, _Who owns what is collectively

produced_, and are the present "rules of the game" distributing the

returns honestly and fairly? The old justice in the economic field

consisted chiefly in securing to each individual his rights in property

or contracts. The new justice must consider how it can secure for each

individual a standard of living, and such a share in the values of

civilization as shall make possible a full moral life. The old virtue

allowed a man to act more as an individual; the new virtue requires him

to act in concerted effort if he is to achieve results. Individualist

theories cannot interpret collectivist facts.

The changes in the economic and industrial processes by which not only

the associated powers of present human knowledge, skill, and endurance,

but also the combined results of past and future skill and industry are

massed and wielded, depend on several concurrent factors. We shall

notice the social agency, the technique of industry, the technique of

business, the means of fixing value, and the nature of property.

Sec. 3. THE AGENCIES FOR CARRYING ON COMMERCE AND INDUSTRY

=Early Agencies.=--The early agencies for carrying on trade and industry

were not organized purely for economic purposes. The kindred or family

group engaged in certain industries, but this was only part of its

purpose. So in the various territorial groups. The Athenian city-state

owned the mines; the German village had its forest, meadow, and water as

a common possession; and the "common" survived long in English and

American custom, though the cattle pastured on it might be individually

owned. In the United States certain land was reserved for school

purposes, and if retained would now in some cases be yielding an almost

incredible amount for public use; but it has usually been sold to

private individuals. The national government still retains certain land

for forest reserve, but until the recent movement toward municipal

ownership, the civic community had almost ceased to be an economic

factor in England and America, except in the field of roads, canals, and

the postoffice. In both family and territorial or community control of

industry, we have the economic function exercised as only one among

several others. The economic helped to strengthen the other bonds of

unity. On the other hand, the economic motive could not disentangle

itself and stand out in all its naked force. Within either family or

civic group the effects of the acquisitive instincts were limited by the

fact that individuals in their industrial relations were also kin or

neighbors.

=The Business Enterprise.=--In the business enterprise--partnership,

company, corporation, "trust,"--on the other hand, men are organized

solely for economic purposes. No other interests or ends are regarded.

Corporations organized for this purpose "have no souls," because they

consist of merely the abstract economic interests. While in domestic and

territorial agencies the acquisitive forces were to some degree

beneficially controlled, they were also injuriously hampered. With the

rise of business enterprise as a distinct sphere of human action, the

way was opened for a new force to manifest itself. This brought with it

both advantages and disadvantages for the moral and social life as a

whole. On the one hand, it increased tremendously the possibilities of

economic and industrial efficiency. The size of the enterprise could be

as large or as small as was needed for the most efficient production,

and was not, as in family or community agency, sometimes too small and

sometimes too large. The enterprise could group men according to their

capacity for a particular task, and not, as in the other forms, be

compelled to take a group already constituted by other than economic or

industrial causes. Further, it could without difficulty dispense with

the aged or those otherwise unsuited to its purposes. When, moreover, as

is coming to be increasingly the case, great corporations, each

controlling scores or even hundreds of millions of capital, are linked

together in common control, we have a tremendous force which may be

wielded as a unit. It is easy to assume--indeed it is difficult for

managers not to assume--that the interests of such colossal

organizations are of supreme importance, and that diplomacy, tariffs,

legislation, and courts should be subordinate. The moral dangers

attaching to such corporations formed solely for economic purposes are

obvious, and have found frequent illustration in their actual workings.

Knowing few or none of the restraints which control an individual, the

corporation has treated competitors, employees, and the public in a

purely economic fashion. This insures certain limited species of

honesty, but does not include motives of private sympathy or public

duty.

=The Labor Union.=--Correlative to these corporate combinations of

capital are Labor Unions of various types. They are usually when first

organized more complex in motive, including social and educational ends,

and are more emotional, or even passionate in conduct. With age they

tend to become more purely economic. In the United States they have

sought to secure better wages, to provide benefits or insurance in case

of sickness and death, and to gain better conditions in respect of

hours, of child-labor, and of protection against dangerous machinery,

explosions, and occupational diseases. In Great Britain they have also

been successful in applying the cooperative plan to the purchase of

goods for consumption. The organizations have been most successful among

the skilled trades. For so far as the aim is collective bargaining, it

is evident that the union will be effective in proportion as it controls

the whole supply of labor in the given trade. In the unskilled forms of

labor, especially with a constant flow of immigration, it is difficult,

if not impossible, to maintain organizations comparable with the

organizations of capital. Hence in conflicts it is natural to expect the

moral situations which frequently occur when grossly unequal combatants

are opposed. The stronger has contempt for the weaker and refuses to

"recognize" his existence. The weaker, rendered desperate by the

hopelessness of his case when he contends under rules and with weapons

prescribed by the stronger, refuses to abide by the rules and resorts to

violence--only to find that by this he has set himself in opposition to

all the forces of organized society.

=Group Morality Again.=--The striking feature of the new conditions is

that it means a _reversion to group morality_. That is, it has meant

this so far. Society is struggling to reassert a general moral standard,

but it has not yet found a standard, and has wavered between a rigid

insistence upon outgrown laws on the one hand, and a more or less

emotional and unreasoned sympathy with new demands, upon the other.[225]

Group morality meant impersonal, collective life. It meant loyalty to

one's own group, little regard for others, lack of responsibility, and

lack of a completely social standard. There is, of course, one important

difference. The present collective, impersonal agencies are not so naive

as the old kinship group. They can be used as effective agencies to

secure definite ends, while the manipulators secure all the advantages

of the old solidarity and irresponsibility.

=Members and Management.=--The corporation in its idea is democratic.

For it provides for the union of a number of owners, some of them it may

be small owners, under an elected management. It would seem to be an

admirable device for maintaining concentration of power with

distribution of ownership. But the very size of modern enterprises and

unions prevents direct control by stockholders or members. They may

dislike a given policy, but they are individually helpless. If they

attempt to control, it is almost impossible, except in an extraordinary

crisis, to unite a majority for common action.[226] The directors can

carry on a policy and at the same time claim to be only agents of the

stockholders, and therefore not ultimately responsible. What influence

can the small shareholders in a railway company, or a great industrial

corporation, or labor union, have? They unite with ease upon one point

only: they want dividends or results. When an illegal policy is to be

pursued, or a legislature or jury is to be bribed, or a non-union man is

to be "dealt with," the head officials likewise seek only "results."

They turn over the responsibility to the operating or "legal"

department, or to the "educational committee," and know nothing further.

These departments are "agents" for the stockholders or union, and

therefore, feel quite at ease. The stockholders are sure they never

authorized anything wrong. Some corporations are managed for the

interest of a large number of owners; some, on the other hand, by

ingenious contracts with side corporations formed from an inner circle,

are managed for the benefit of this inner circle. The tendency,

moreover, in the great corporations is toward a situation in which

boards of directors of the great railroad, banking, insurance, and

industrial concerns are made up of the same limited group of men. This

aggregate property may then be wielded as absolutely as though owned by

these individuals. If it is used to carry a political election the

directors, according to New York courts, are not culpable.

=Employer and Employed.=--The same impersonal relation often prevails

between employer and employed. The ultimate employer is the stockholder,

but he delegates power to the director, and he to the president, and he

to the foreman. Each is expected to get results. The employed may

complain about conditions to the president, and be told that he cannot

interfere with the foreman, and to the foreman and be told that such is

the policy of the company. The union may serve as a similar buffer.

Often any individual of the series would act humanely or generously, if

he were acting for himself. He cannot be humane or generous with the

property of others, and hence there is no humanity or generosity in the

whole system. This system seems to have reached its extreme in the

creation of corporations for the express purpose of relieving employers

of any personal responsibility. Companies organized to insure employers

against claims made by employees on account of injuries may be regarded

as a device for distributing the burden. But as the company is

organized, not primarily to pay damages, as are life insurance

companies, but to avoid such payment, it has a powerful motive in

contesting every claim, however just, and in making it so expensive to

prosecute a claim that the victims may prefer not to make the attempt.

The "law's delay" can nearly always be counted upon as a powerful

defense when a poor man is plaintiff and a rich corporation is

defendant.

=Relations to the Public.=--The relations of corporations to the public,

and of the public to corporations, are similarly impersonal and

non-moral. A convenient way of approach to this situation is offered by

the ethical, or rather non-ethical, status of the various mechanical

devices which have come into use in recent years for performing many

economic services. The weighing machines, candy machines, telephones,

are supposed to give a certain service for a penny or a nickel. But if

the machine is out of order, the victim has no recourse. His own

attitude is correspondingly mechanical. He regards himself as dealing,

not with a person, but with a thing. If he can exploit it or "beat" it,

so much the better. Now a corporation, in the attitude which it takes

and evokes, is about half-way between the pure mechanism of a machine

and the completely personal attitude of a moral individual. A man is

overcharged, or has some other difficulty with an official of a railroad

company. It is as hopeless to look for immediate relief as it is in the

case of a slot machine. The conductor is just as much limited by his

orders as the machine by its mechanism. The man may later correspond

with some higher official, and if patience and life both persist long

enough, he will probably recover. But to prevent fraud, the company is

obliged to be more rigorous than a person would be who was dealing with

the case in a personal fashion. Hence the individual with a just

grievance is likely to entertain toward the corporation the feeling that

he is dealing with a machine, not with an ethical being, even as the

company's servants are not permitted to exercise any moral consideration

in dealing with the public. They merely obey orders. Public sentiment,

which would hold an individual teamster responsible for running over a

child, or an individual stage owner responsible for reckless or careless

conduct in carrying his passengers, feels only a blind rage in the case

of a railroad accident. It cannot fix moral responsibility definitely

upon either stockholder or management or employee, and conversely

neither stockholder, nor manager, nor employee[227] feels the moral

restraint which the individual would feel. He is not wholly responsible,

and his share in the collective responsibility is so small as often to

seem entirely negligible.

=Relations to the Law.=--The collective business enterprises, when

incorporated, are regarded as "juristic persons," and so gain the

support of law as well as become subject to its control. If the great

corporation can thus gain the right of an individual, it can enter the

field of free contract with great advantage. Labor unions have not

incorporated, fearing, perhaps, to give the law control over their

funds. They seek a higher standard of living, but private law does not

recognize this as a right. It merely protects contracts, but leaves it

to the individual to make the best contract he can. As most wage-earners

have no contracts, but are liable to dismissal at any time, the unions

have seen little to be gained by incorporation. They have thus missed

contact with the institution in which society seeks to embody, however

tardily, its moral ideas and have been, in a sense, outlaws. They were

such at first by no fault of their own, for the law treated such

combinations as conspiracies. And they are still at two decided

disadvantages. First, the capitalistic or employing corporation acting

as a single juristic person may refuse to buy the labor of a union;

indeed, according to a recent decision, it cannot be forbidden to

discharge its employees because of their membership in a union. As the

corporation may employ scores of thousands, and be practically the only

employer of a particular kind of labor, it can thus enforce a virtual

boycott and prevent the union from selling its labor. It does not need

to use a "blacklist" because the employers are all combined in one

"person." On the other hand, the union is adjudged to act in restraint

of interstate commerce if it boycotts the employing corporation. The

union is here treated as a combination, not as a single person. The

second point in which the employing body has greatly the legal advantage

appears in the case of a strike. Men are allowed to quit work, but this

is not an effective method of exerting pressure unless the employer is

anxious to keep his plant in operation and can employ no one else. If he

can take advantage of an open labor market and hire other workmen, the

only resource of the strikers is to induce these to join their ranks.

But they have been enjoined by the courts, not only from intimidating,

but even from persuading[228] employees to quit work. The method of

procedure in enforcing the injunction, which enables the judge to fix

the offense, eliminate trial by jury, determine the guilt, and impose

any penalty he deems fit, has all the results of criminal process with

none of its limitations, and forms a most effective agency against the

unions. Where persuasion is enjoined it is difficult to see how a union

can exert any effective pressure except in a highly skilled trade, where

it can control all the labor supply. In the field of private rights and

free contract, the labor unions are then at a disadvantage because they

have no rights which are of any value for their purposes, except, under

certain conditions, the right to refuse to work. And since this is, in

most cases, a weapon that injures its wielder far more than his

opponent, it is not effective.

Disappointed in the field of free contract, the labor unions seek to

enlist public agency in behalf of better sanitary conditions and in

prevention of child-labor, long hours for women, unfair contracts, and

the like. Capitalistic corporations frequently resist this change of

venue on the ground that it interferes with free contract or takes away

property without "due process of law," and many laws have been set aside

as unconstitutional on these grounds,[229] several of them no doubt

because so drawn as to appear to be in the interest of a class, rather

than in that of the public. The trend in the direction of asserting

larger public control both under the police power and over corporations

in whose service the public has a direct interest, will be noted later.

Against other corporations the general public or the unsuccessful

competitor has sought legal aid in legislation against "trusts," but

this has mainly proved to be futile. It has merely induced a change in

form of organization. Nor has it been easy as yet for the law to

exercise any effective control over the business corporation on any of

the three principles invoked--namely: to prevent monopoly, to secure the

public interest in the case of public service corporations, and to

assert police power. For penalties by fine frequently fail to reach the

guilty persons, and it is difficult to fix any personal responsibility.

Juries are unwilling to convict subordinate officials of acts which

they believe to have been required by the policy of the higher

officials, while, on the other hand, the higher officials are seldom

directly cognizant of criminal acts. Gradually, however, we may believe

that the law will find a way to make both capital and labor

organizations respect the public welfare, and to give them support in

their desirable ends. The cooperative principle cannot be outlawed; it

must be more fully socialized.

Sec. 4. THE METHODS OF PRODUCTION, EXCHANGE, AND VALUATION

=The Machine.=--The technique of production has shown a similar progress

from individual to collective method. The earlier method was that of

handicraft. The present method in most occupations, aside from

agriculture, is that of the machine. But the great economic advantage of

the machine is not only in the substitution of mechanical power for

muscle; it is also in the substitution of collective for individual

work. It is the machine which makes possible on a tremendously effective

basis the division of labor and its social organization. The

extraordinary increase in wealth during the past century depends upon

these two factors. The machine itself moreover, in its enormous

expansion, is not only a social tool, but a social product. The

invention and discovery which gave rise to the new processes in industry

of every sort were largely the outcome of scientific researches carried

on at public expense to a great extent by men other than those who

finally utilize their results. They become in turn the instruments for

the production of wealth, which is thus doubly social in origin.

This machine process has an important bearing upon the factors of

character mentioned in our analysis. It standardizes efficiency; it

calls for extraordinary increase of speed; it requires great

specialization of function and often calls for no knowledge of the whole

process. On the other hand, it gives a certain sense of power to

control and direct highly complicated machinery. In the more skilled

trades there is more time and resource for intellectual, aesthetic, or

social satisfactions. The association of workmen favors discussion of

common interests, sympathy, and cooperation; this may evoke a readiness

to sacrifice individual to group welfare, which is quite analogous to

patriotic sentiment at its best, even if it is liable to such violent

expressions as characterize patriotic sentiment at its worst. The

association of workmen is one of the most significant features of modern

industry.

=Capital and Credit.=--The technique of exchange of services and goods

has undergone a transformation from an individual and limited to a

collective and almost unlimited method. The earlier form of exchange and

barter limited the conduct of business to a small area, and the simpler

form of personal service involved either slavery or some personal

control which was almost as direct. With the use of money it became

possible to make available a far greater area for exchange and to

accumulate capital which represented the past labors of vast numbers of

individuals. With the further discovery of the possibilities of a credit

system which business enterprise now employs, it is possible to utilize

in any enterprise not merely the results of the labor of the past, but

the anticipated income of the future. A corporation, as organized at

present, issues obligations in the form of bonds and stock which

represent no value as yet produced, but only the values of labor or

privilege anticipated. The whole technique, therefore, of capital and

credit means a collective business enterprise. It masses the work and

the abilities of thousands and hundreds of thousands in the past and the

future, and wields the product as an almost irresistible agency to

achieve new enterprises or to drive from the field rival enterprises.

=Basis of Valuation.=--The whole basis for value and prices has also

been changed. The old basis, employed for the most part through the

Middle Ages in fixing the value of labor or goods, was the amount of

labor and material which had been expended. The modern basis is that of

supply and demand. This proceeds on the theory that it is human wants

which after all give value to any product. I may have expended time and

labor upon a book or carving, or in the cultivation of a new vegetable,

or in the manufacture of an article for apparel, but if no one cares to

read the book or look at the carving, if the vegetable is one that no

one can eat, or the garment is one that no one will wear, it has no

value. Starting then from this, we can see how the two elements in

valuation--namely, demand and supply--are affected by social factors.

The demand for an article depends upon the market: i.e., upon how many

buyers there are, and what wants they have. Modern methods of

communication and transportation have made the market for goods as large

as the civilized world. Education is constantly awakening new wants. The

facilities for communication, for travel, and for education are

constantly leading one part of the world to imitate the standards or

fashions set by other parts. We have, therefore, a social standard for

valuation which is constantly extending in area and in intensity.

The other factor in valuation, namely, the supply, is likewise being

affected in an increasing degree by social forces. With many, if not

with most, of the commodities which are of greatest importance, it has

been found that there is less profit in an unrestricted supply than in a

supply regulated in the interest of the producers. The great coal mines,

the iron industries, the manufacturers of clothing, find it more

profitable to combine and produce a limited amount. The great

corporations and trusts have usually signalized their acquisition of a

monopoly or an approximate control of any great field of production by

shutting down part of the factories formerly engaged. The supply of

labor is likewise limited by the policies of labor unions in limiting

the number of apprentices allowed, or by other means of keeping the

union small. Tariffs, whether in the interest of capital or of labor,

are a social control of the supply. Franchises, whether of steam

railroads, street transportation, gas, electric lighting, or other

public utilities so-called, are all of them in the nature of monopolies

granted to a certain group of individuals. Their value is dependent upon

the general need of these utilities, coupled with the public limitation

of supply. In many cases the services are so indispensable to the

community that the servant does not need to give special care or thought

to the rendering of especially efficient service. The increase in

population makes the franchises enormously profitable without any

corresponding increase of risk or effort on the part of the utility

company.

But the most striking illustration of the creation of values by society

is seen in the case of land. That an acre of land in one part of the

country is worth fifty dollars, and in another part two hundred thousand

dollars,[230] is not due to any difference in the soil, nor for the most

part to any labor or skill or other quality of the owner. It is due to

the fact that in the one case there is no social demand, whereas, in the

other, the land is in the heart of a city. In certain cases, no doubt,

the owner of city real estate may help by his enterprise to build up the

city, but even if so this is incidental. The absentee owner profits as

much by the growth of the city as the foremost contributor to that

growth. The owner need not even improve the property by a building. This

enormous increase in land values has been called the "unearned

increment." In America it is due very largely to features of natural

location and transportation. It has seemed to some writers, such as

Henry George, not only a conspicuous injustice, but the root of all

economic evil. It is, no doubt, in many cases, a conspicuous form of

"easy money," but the principle is not different from that which is

involved in nearly all departments of modern industry. The wealth of

modern society is really a gigantic pool. No individual knows how much

he creates; it is a social product. To estimate what any one should

receive by an attempted estimate of what he has individually contributed

is absolutely impossible.

Sec. 5. THE FACTORS WHICH AID ETHICAL RECONSTRUCTION

The two distinctive features of the modern economic situation, its

collective character and its impersonal character, are themselves

capable of supplying valuable aid toward understanding the ethical

problems and in making the reconstruction required. For _the very

magnitude of modern operations and properties serves to bring out more

clearly the principles involved_. _The impersonal character allows

economic forces pure and simple to be seen in their moral bearings._

Publicity becomes a necessity. Just as the factories are compelled to

have better light, air, and sanitation than the sweat shops, so public

attention is aroused and the conscience stimulated by practices of great

corporations, although these practices may be in principle precisely the

same as those of private persons which escape moral reprobation. In some

cases, no doubt, the very magnitude of the operation does actually

change the principle. A "lift" on the road from an oldtime stage-driver,

or a "special bargain" at a country store was not likely to disturb the

balance of competition as a system of free passes or secret rebates may

in modern business. But in other cases what the modern organizations

have done is simply to exhibit the workings of competition or other

economic forces _on a larger scale_. An illustration of this is seen in

the familiar fact that a law passed to correct some corporate practice

is often found to apply to many practices not contemplated by the makers

of the law.

The effect of getting a principle out into the open and at work on a

large scale is to make public judgment clear and reprobation of bad

practices more effective. The impersonal factor likewise contributes

powerfully to make condemnation easy. Criticism is unhampered by the

considerations which complicate the situation when the conduct of an

individual is in question. The individual may be a good neighbor, or a

good fellow, or have had bad luck. But no one hesitates to express his

opinion of a corporation, and the average jury is not biased in its

favor, whatever may be true of the bench. Even the plea that the

corporation includes widows and orphans among its shareholders, which is

occasionally put forth to avert interference with corporate practices,

usually falls on unsympathetic ears. A higher standard will be demanded

for business conduct, a more rigid regard for public service will be

exacted, a more moderate return for invested capital in public service,

and a more liberal treatment of employees will be insisted upon from

corporations than from private individuals. Nor does the organization of

labor escape the same law. When an agent of a union has been detected in

calling a strike for private gain, public sentiment has been as severe

in condemnation as in the case of corporate officials who have profited

at the expense of stockholders.

=Summary.=--We may summarize some of the chief points brought out by our

analysis. Modern technique has increased enormously the productivity of

labor, but has increased its dangers to health and life, and to some

extent diminished its educating and moralizing values. The impersonal

agencies give vast power, but make responsibility difficult to locate.

The collective agencies and the social contributions make the economic

process a great social pool. Men put in manual labor, skill, capital.

Some of it they have inherited from their kin; some they have inherited

from the inventors and scientists who have devised tools and processes;

some they have wrought themselves. This pooling of effort is possible

because of good government and institutions which were created by

statesmen, patriots, and reformers, and are maintained by similar

agencies. The pool is immensely productive. But no one can say just how

much his contribution earns. Shall every one keep what he can get? Shall

all share alike? Or shall there be other rules for division--either made

and enforced by society or made by the individual and enforced by his

own conscience? Are our present rules adequate to such a situation as

that of the present? These are some of the difficult questions that

modern conditions are pressing upon the man who thinks.

LITERATURE

Besides the classic treatises of Adam Smith, J. S. Mill, and Karl Marx,

which are important for the relation of the economic to the whole social

order during the past century, the following recent works in the general

field give especial prominence to the ethical problems involved:

Marshall, _Principles of Economics_, 1898; Hadley, _Economics_, 1896;

Clark, _Essentials of Economic Theory as Applied to Modern Problems of

Industry and Public Policy_, 1907; George, _Progress and Poverty_, 1879;

Schmoller, _Grundriss der allgemeinen Staatswirtschaftslehre_, 1900-04;

Bonar, _Philosophy and Political Economy_, 1893; Hobson, _The Social

Problem_, 1901; Brooks, _The Social Unrest_, 1903.

ON MODERN BUSINESS AND INDUSTRY: Veblen, _The Theory of Business

Enterprise_, 1904; Taylor, _The Modern Factory System_, 1891; Hobson,

_Evolution of Modern Capitalism_, 1894; Toynbee, _The Industrial

Revolution_, 1890; Adams and Sumner, _Labor Problems_, 1905; S. and B.

Webb, _History of Trade Unionism_, 1894, _Problems of Modern Industry_,

1898, and _Industrial Democracy_, 1902; Mitchell, _Organized Labor_,

1903; Ely, _The Labor Movement in America_, 1886; Hollander and Barnett,

_Studies in American Trades Unionism_, 1907; Henderson, _Social

Elements_, 1898, chs. vii.-x.

FOOTNOTES:

[223] Veblen, _Theory of Business Enterprise_, p. 291.

[224] _Republic_, 550. Davies and Vaughan.

[225] E.g., in a strike there is sometimes a toleration by public

sentiment of a certain amount of violence where it is believed that

there is no legal remedy for unfair conditions.

[226] Recent elections in the great insurance companies have shown this.

[227] "J. O. Fagan," in the _Atlantic Monthly_ (1908), has called

attention to the influence of the union in shielding individuals from

the penalties of carelessness.

[228] Recent Illinois decisions (216 Ill., 358 f., and especially 232

Ill., 431-440) uphold sweeping injunctions against persuasion, no matter

how peaceable. "Lawful competition, which may injure the business of a

person, even though successfully directed to driving him out of

business, is not actionable." But for a union to hire laborers away from

an employer by money or transportation is not "lawful competition." The

object is assumed by the court to be malicious, i.e., the injury of the

employer. The court does not entertain the possibility that to obtain an

eight-hour day is as lawful an aim for the labor union as to acquire

property is for an employer. The decision shows clearly the difference

in legal attitude toward pressure exerted by business corporations for

the familiar end of acquisition, and that exerted by the union for the

novel end of a standard of living. The court regards the injury to

others as incidental in the former, but as primary and therefore as

malicious in the latter. It may be that future generations will regard

this judicial psychology somewhat as we regard some of the cases cited

above, ch. xxi. Other courts have not always taken this view, and have

permitted persuasion unless it is employed in such a manner or under

such circumstances as to "operate on fears rather than upon their

judgments or their sympathies" (17., _N. Y. Supp._, 264). For other

cases, _Am. and Eng. Decisions in Equity_, 1905, p. 565 f.; also _Eddy

on Combinations_.

[229] The list appended was bulletined at the Chicago Industrial Exhibit

of 1906, and reprinted in _Charities and The Commons_.

"What 'Freedom of Contract' has Meant to Labor:

1. Denial of eight-hour law for women in Illinois.

2. Denial of eight-hour law for city labor or for mechanics and ordinary

laborers.

3. Denial of ten-hour law for bakers.

4. Inability to prohibit tenement labor.

5. Inability to prevent by law employer from requiring employee as

condition of securing work, to assume all risk from injury while at

work.

6. Inability to prohibit employer selling goods to employees at greater

profit than to non-employees.

7. Inability to prohibit mine owners screening coal which is mined by

weight before crediting same to employees as basis of wages.

8. Inability to legislate against employer using coercion to prevent

employee becoming a member of a labor union.

9. Inability to restrict employer in making deductions from wages of

employees.

10. Inability to compel by law payment of wages at regular intervals.

12. Inability to provide by law that laborers on public works shall be

paid prevailing rate of wages.

13. Inability to compel by law payment of extra compensation for

overtime.

14. Inability to prevent by law employer from holding back part of

wages.

15. Inability to compel payment of wages in cash; so that employer may

pay in truck or scrip not redeemable in lawful money.

16. Inability to forbid alien labor on municipal contracts.

17. Inability to secure by law union label on city printing."

Labor representatives speak of "the ironic manner in which the courts

guarantee to workers: The right to be maimed and killed without

liability to the employer; the right to be discharged for belonging to a

union; the right to work as many hours as employers please and under any

considerations which they may impose." The "irony" is, of course, not

intended by the courts. It is the irony inherent in a situation when

rules designed to secure justice become futile, if not a positive cause

of injustice, because of changed conditions.

[230] In Greater New York. An acre on Manhattan Island is of course

worth much more. The Report of the New York Tax Department for 1907 is

very suggestive.

CHAPTER XXIII

SOME PRINCIPLES IN THE ECONOMIC ORDER

Certain problems suggested by the foregoing analysis are unsettled, for

the issues are so involved, and in some cases, both the facts and their

interpretations are so much in controversy, that we cannot yet formulate

sure moral judgments. On the other hand, certain principles emerge with

a good degree of clearness. We state some of the more obvious.

=1. Wealth and Property are Subordinate in Importance to

Personality.=--The life is more than meat. Most agree to this, stated

abstractly, but many fail to make the application. They may sacrifice

their own health, or human sympathy, or family life; or they may consent

to this actively or passively as employers, or consumers, or citizens,

in the case of others. A civilization which loses life in providing the

means to live is not highly moral. A society which can afford luxuries

for some cannot easily justify unhealthful conditions of production, or

lack of general education. An individual who gratifies a single appetite

at the expense of vitality and efficiency is immoral. A society which

considers wealth or property as ultimate, whether under a conception of

"natural rights" or otherwise, is setting the means above the end, and

is therefore unmoral or immoral.

=2. Wealth Should Depend on Activity.=--The highest aspect of life on

its individual side is found in active and resolute achievement, in the

embodying of purpose in action. Thought, discovery, creation, mark a

higher value than the satisfaction of wants, or the amassing of goods.

If the latter is to be a help it must stimulate activity, not deaden it.

Inherited wealth without any accompanying incitement from education or

class feeling or public opinion would be a questionable institution from

this point of view. Veblen in his _Theory of the Leisure Class_ points

out various forms of degeneration that may attend upon leisure, when

leisure means not merely release from mechanical labor in the interest

of more intellectual activity, but a relinquishing of all serious labor.

As the race has made its ascent in the presence of an environment which

has constantly selected the more active persons, society in its

institutions and consciously directed processes may well plan to keep

this balance between activity and reward. Modern charity has adopted

this principle. We fear to pauperize by giving aid to the poor unless we

can provide some form of self-help. But in its treatment of the rich,

society is not solicitous. Our provisions for inheritance of property

undoubtedly pauperize a certain proportion of those who inherit. Whether

this can be prevented without interfering with motives to activity on

the part of those who acquire the property, or whether the rich thus

pauperized are not as well worth saving to society as the poor, will

undoubtedly become more pressing problems as the number of inheritors

increases, and society recognizes that it may have a duty to its idle

rich as well as to its idle poor.

=3. Public Service Should Go Along with Wealth.=--Note that we do not

say, "wealth should be proportionate to public service." This would take

us at once into the controversy between the individualist and the

socialist which we shall consider later among the unsettled problems.

The individualist, as represented, for example, by Herbert Spencer,

would say that except for the young, the aged, or the sick, reward

should be proportioned to merit. The socialist, on the other hand, is

more inclined to say, "From each according to his ability, to each

according to his needs." In either case, it is assumed that there

should be public service. Leaving for later consideration the question

whether we can fix any quantitative rule, let us notice at this time why

some service is a fundamental moral principle.

Such service in the form of some economically useful contribution,

whether to the production and distribution of goods, to the public

order, to education, to the satisfaction of aesthetic and religious

wants, might be demanded as a matter of common honesty. This would be to

treat it as a just claim made by society upon each of its members. There

is, of course, no legal claim. The law is far from adopting as a

universal maxim, "If any man will not work, neither let him eat."

Vagrancy is not a term applied to all idlers. It is sufficient for the

law if some of a man's ancestors obtained possession and title by

service, or force, or gift. Modern law, in its zeal to strengthen the

institution of property, releases all the owner's posterity forever from

the necessity of any useful service. The old theology used to carry the

conception of inherited or imputed sin and merit to extremes which

modern individualism rejects. But the law--at least in the United

States--permits a perpetual descent of inherited property; i.e., of

inherited permission to receive from society without rendering any

personal return. Theologically and morally, however, the man of to-day

repudiates any conception which would reduce him to a shadow of another.

He wishes to stand on his own feet, to be rewarded or blamed according

to his own acts, not because of a deed of some one else. To follow out

this principle in the economic sphere would require that every man who

receives aught from others should feel in duty bound to render some

service. Merely "to have been born" is hardly sufficient in a democratic

society, however munificent a contribution to the social weal the French

aristocrat may have felt this to be.

But it is only one aspect of the case to say that society may claim

service as a just due. There is another aspect--what this service means

to the person himself. It is his opportunity to fulfill his function in

the social organism. Now a person is as large as his purpose and will.

The person, therefore, who identifies his purposes with the welfare of

the public is thereby identifying himself with the whole social body. He

is no longer himself alone; he is a social power. Not only the leader of

society, but every efficient servant makes himself an organ through

which society itself acts and moves forward. This is perhaps most

conspicuous in the case of the great inventors or organizers of industry

and society. By serving civilization they have become its bearers and

have thus shared its highest pulses. But it is true of every laborer. As

he is an active contributor he becomes creative, not merely receptive.

=4. The Change from Individual to Collective Methods, of Industry and

Business Demands a Change from Individual to Collective Types of

Morality.=--Moral action is either to accomplish some positive good or

to hinder some wrong or evil. But under present conditions the

individual by himself is practically helpless and useless for either

purpose. It was formerly possible for a man to set a high standard and

live up to it, irrespective of the practice or cooperation of others.

When a seller's market was limited to his acquaintance or a limited

territory, it might well be that honesty or even fair dealing was the

best policy. But with the changes that have come in business conditions

the worse practices, like a baser coinage, tend to drive out the morally

better. This may not apply so thoroughly to the relations between seller

and buyer, but it applies to many aspects of trade. A merchant may

desire to pay his women clerks wages on which they can support life

without selling their souls. But if his rival across the street pays

only half the wage necessary for subsistence, it is evident the former

is in so far at a disadvantage. Extend the same policy. Let the former

have his goods made under good conditions and the latter have no scruple

against "sweating"; let the former pay taxes on an honest estimate and

the latter "see" the assessor, or threaten to move out of town if he is

assessed for more than a figure named by himself; let the former ask

only for a fair chance, while the latter secures legislation that favors

his own interests, or gets specifications for bids worded so that they

will exclude his opponents, or in selling to public bodies "fixes" the

councils or school committees, or obtains illegal favors in

transportation. Let this continue, and how long will the former stay in

the field? Even as regards quality of goods, where it would seem more

plausible that honest dealing might succeed, experience has shown that

this depends on whether the frauds can be easily detected. In the case

of drugs and goods where the adulterations cannot be readily discovered,

there is nothing to offset the more economical procedure of the

fraudulent dealer. The fact that it is so difficult to procure pure

drugs and pure food would seem to be most plausibly due to the fatal

competition of the adulterated article.

Or, suppose a person has a little property invested in some one of the

various corporations which offer the most convenient method for placing

small sums as well as large. This railroad defies the government by

owning coal mines as well as transporting the product; that public

service corporation has obtained its franchise by bribery; this

corporation is an employer of child labor; that finds it less expensive

to pay a few damage suits--those it cannot fight successfully--than to

adopt devices which will protect employees. Does a man, or even an

institution, act morally if he invests in such corporations in which he

finds himself helpless as an individual stockholder? And if he sells his

stock at the market price to invest the money elsewhere, is it not

still the price of fraud or blood? If, finally, he buys insurance for

his family's support, recent investigation has shown that he may have

been contributing unawares to bribery of legislatures, and to the

support of political theories to which he may be morally opposed. The

individual cannot be moral in independence. The modern business

collectivism forces a collective morality. Just as the individual cannot

resist the combination, so individual morality must give place to a more

robust or social type.

=5. To Meet the Change to Corporate Agency and Ownership, Ways Must be

Found to Restore Personal Control and Responsibility.=--Freedom and

responsibility must go hand in hand. The "moral liability limited"

theory cannot be accepted in the simple form in which it now obtains. If

society holds stockholders responsible, they will soon cease to elect

managers merely on an economic basis and will demand morality. If

directors are held personally responsible for their "legal department,"

or union officials for their committees, directors and officials will

find means to know what their subordinates are doing. "Crime is always

personal," and it is not usual for subordinates to commit crimes for the

corporation against the explicit wishes of the higher officials. In

certain lines the parties concerned have voluntarily sought to restore a

more personal relation.[231] It has been found profitable to engage

foremen who can get on smoothly with workmen. It has proved to be good

economy to treat men, whether they sell labor or buy it, with respect

and fairness.

The managers of some of the great public service corporations have also

recently shown a disposition to recognize some public obligations, with

the naive admission that this has been neglected. Labor unions are

coming to see the need of conciliating public opinion if they are to

gain their contests.

=6. To Meet the Impersonal Agencies Society Must Require Greater

Publicity and Express Its Moral Standards More Fully in Law.=--Publicity

is not a cure for bad practices, but it is a powerful deterrent agency

so long as the offenders care for public opinion and not solely for the

approval of their own class. Professor Ross[232] maintains that in the

United States classes are still so loosely formed that general approval

is desired by the leaders. Hence he urges that it is possible to enforce

moral standards by the "grilling of sinners." But to make this

"grilling" a moral process society needs much more accurate information

and a more impartial basis for selecting its sinners than present

agencies afford. The public press is itself in many respects one of the

most conspicuous examples of the purely economic motive. The newspaper

or magazine must interest readers and not displease advertisers. The

news is selected, or colored, or worked up to suit particular classes.

If a speaker says what the reporter does not regard as interesting he is

likely to find himself reported as saying something more striking.

Publicity bureaus are able to point with pride to the amount of matter,

favorable to certain interests, which they place before the public as

news. The particular interests singled out for "exposure" are likely to

be determined more by the anticipated effects on circulation or

advertising than by the merits of the case. It is scarcely more

satisfactory to leave all the education of public opinion to commercial

control than to leave all elementary education to private interests.

Publicity--scientific investigation and public discussion--is indeed

indispensable, and its greatest value is probably not in the

exhilarating discharge of righteous indignation, but in the positive

elevation of standards, by giving completer knowledge and showing the

fruits of certain practices. A large proportion of the public will wish

to do the right thing if they can see it clearly, and can have public

support, so that right action will not mean suicide.

But the logical way to meet the impersonal character of modern economic

agencies is by the moral consciousness embodied in an impersonal agency,

the law. The law is not to be regarded chiefly as an agency for

punishing criminals. It, in the first place, defines a standard; and, in

the next place, _it helps the morally disposed to maintain this standard

by freeing him from unscrupulous competition_. It is a general principle

that to resort to the law is an ethical gain only when the getting

something done is more important than to get it done from the right

motive. This evidently applies to acts of corporate bodies. We do not

care for their motives. We are not concerned to save their souls. We are

concerned only for results--just the place where we have seen that the

personal responsibility breaks down. The value of good motives and moral

purpose is in this case located in those who strive to secure and

execute progressive legislation for the public good, and in the personal

spirit with which this is accepted and carried out by officials.[233]

=7. Every Member of Society Should Share in Its Wealth and in the Values

Made Possible by It.=--The quantitative basis of division and the method

for giving each a share belong to the unsettled problems. But the worth

and dignity of every human being of moral capacity is fundamental in

nearly every moral system of modern times. It is implicit in the

Christian doctrine of the worth of the soul, in the Kantian doctrine of

personality, in the Benthamic dictum, "every man to count as one." It is

imbedded in our democratic theory and institutions. With the leveling

and equalizing of physical and mental power brought about by modern

inventions and the spread of intelligence, no State is permanently safe

except on a foundation of justice. And justice cannot be fundamentally

in contradiction with the essence of democracy. This means that wealth

must be produced, distributed, and owned justly: that is, so as to

promote the individuality of every member of society, while at the same

time he must always function as a member, not as an individual. In

defining justice some will place freedom first; others, a standard of

living. Some will seek fairness by distributing to each an actual share

of the goods; others, by giving to each a fair chance to get his share

of goods. Others again have held that if no moral purpose is proposed

and each seeks to get what he can for himself, the result will be a just

distribution because of the beneficent effects of competition. Still

others have considered that if the economic process has once been

established on the basis of contracts rather than status or slavery,

justice may be regarded as the maintenance of these contracts, whatever

the effect in actual benefits. These views will be considered under the

next topic as unsettled problems.

LITERATURE

In addition to the works cited at the close of the last chapter,

Giddings, _The Costs of Progress_, in Democracy and Empire, 1901;

Bosanquet (Mrs. B.), _The Standard of Life_, 1898; Bosanquet, B.,

_Aspects of the Social Problem_, 1895; Stephen, _Social Rights and

Duties_, 1896; Tufts, _Some Contributions of Psychology toward the

Conception of Justice_, Philosophical Review, xv., 1906, pp. 361-79;

Woods, _Democracy, a New Unfolding of Human Power_, in Studies in

Philosophy and Psychology (Garman Commemorative Volume), 1906.

FOOTNOTES:

[231] Hayes Robbins in the _Atlantic Monthly_ for June, 1907, "The

Personal Factor in the Labor Problem."

[232] _Sin and Society._

[233] See Florence Kelley, _Some Ethical Gains through Legislation_.

CHAPTER XXIV

UNSETTLED PROBLEMS IN THE ECONOMIC ORDER

Under this head we propose to consider one general and three special

problems on which society is at present at work, framing new moral

standards to meet new conditions. Many of the questions involved in the

new order marshal themselves under a single antithesis. Will the moral

values of wealth be most fully secured and justly distributed by leaving

to individuals the greatest possible freedom and holding them morally

responsible, or by social agency and control? The first theory is known

as _individualism_. The most convenient term for the second position

would be _socialism_.

Socialism, however, is, for many, an epithet rather than a scientific

conception. It is supposed to mean necessarily the abolition of all

private enterprise or private property. In its extreme form it might

mean this, as individualism in its extreme form would mean anarchy. But

as a practical ethical proposition we have before us neither the

abolition of public agency and control--extreme individualism--nor the

abolition of private agency and control. We have the problem of getting

the proper amount of each in order that the highest morality may

prevail. Each theory professes to desire the fullest development and

freedom of the individual. The individualist seeks it through formal

freedom and would limit public agency to a minimum. The socialist is

willing to permit limitations on formal freedom in order to secure the

"real" freedom which he regards as more important and substantial.

Between the extremes, and borrowing from each, is a somewhat indefinite

programme known as the demand for equal opportunity. Let us consider

each in a brief statement and then in a more thorough analysis.

Sec. 1. GENERAL STATEMENT OF THE POSITIONS OF INDIVIDUALISM AND OF

PUBLIC AGENCY AND CONTROL

=1. Individualism.=--Individualism[234] believes that each man can

secure his own welfare better than any one else can secure it for him.

It further holds that society is made up of individuals, and hence, if

each is provided for, the welfare of the whole is secured. Such goods as

are social can be secured by voluntary association. Believing that the

course of civilization has been "from status to contract," it makes free

contract its central principle. It should be the chief business of

organized society to maintain and safeguard this freedom. It locates the

important feature of freedom precisely in the act of assent, rather than

in any consideration of whether the after consequences of the assent are

good or bad; nor does it ask what motives (force and fraud aside)

brought about the assent, or whether there was any other alternative. In

other words, it regards formal freedom as fundamental. If not in itself

all that can be desired, it is the first step, and the only one which

law need recognize. The individual may be trusted to take other steps,

if protected in this. The only restriction upon individual freedom

should be that it must not interfere with the equal freedom of others.

In the economic sphere this restriction would mean, "must not interfere

by force." The theory does not regard economic pressure by competition

as interference. Hence it favors free competition. Leaving out of

account benevolence, it holds that in business each should be allowed,

or even recommended, to seek his own advantage. But when the question as

to the justice of the distribution reached by this method is raised, a

division appears between the _democratic_ individualists and the

"_survival of the fittest_" individualists. The democratic

individualists--Adam Smith, Bentham, Mill[235]--believed that

individualism would promote the welfare of _all_ members of society. The

"survival of the fittest" school maintains that the welfare of the race

or of civilization depends on the sifting and selecting process known as

the "struggle for existence." If the "fittest" are thus selected and

survive, it matters not so much what is the lot of the rest. We must

choose between progress through aristocratic selection and degeneration

through democratic leveling.

=2. Theory of Public Agency and Control.=--Socialism (using the word in

a broad sense) holds that society should secure to all its members the

goods of life. It holds that an unrestrained liberty of struggle for

existence may secure the survival of the strongest, but not necessarily

of the morally best. The individualist's theory emphasizes formal

freedom. "Seek first freedom and all other things will be added." The

socialist view emphasizes the content. It would have all members of

society share in education, wealth, and all the goods of life. In this

it agrees with democratic individualism. But it considers this

impossible on the basis of individual effort. To hold that society as a

whole can do nothing for the individual either ignores social goods or

supposes the social will, so powerful for democracy in the political

sphere, to be helpless and futile in the economic world. To assume that

all the control of economic distribution--the great field of

justice--may be left to individual freedom and agency, is as archaic as

to leave the collection of taxes, the administration of provinces, and

the education of citizens to private enterprise. It regards the

unregulated struggle for existence as economically wasteful and morally

vicious, both in its inequality of distribution and in the motives of

egoism on which it relies. Individualism, on the other hand, so far as

it is intelligent and does not lump socialism with anarchy and all other

criticisms on the established order, regards socialism as ignoring the

supreme importance of active personal effort, and the value of freedom

as the keynote to progress.

=3. Equal Opportunity.=--An intermediate view has for its maxim, "equal

opportunity." It holds with individualism that the active personality is

to be stimulated and made a prime end. But because it believes that not

merely a few but all persons should be treated as ends, it finds

individualism condemned. For it holds that an unregulated struggle for

existence does not secure the end individualism professes to seek. When

individuals start in the race handicapped by differences in birth,

education, family, business, friends, and inherited wealth, _there is no

selection of ability_; there is _selection of the privileged_. Hence it

would borrow so much from socialism as to give each individual a "fair

start." This would include public schools, and an undefined amount of

provision for sanitation, and for governmental regulation of the

stronger.

It is manifest, however, that this theory of the "square deal" is a name

for a general aim rather than for a definite programme. For a "square

deal," or equality of opportunity, might be interpreted to call for a

great variety of concrete schemes, ranging all the way from an

elementary education up to public ownership of all the tools for

production, and to abolition of the right to bequeath or inherit

property. The peoples of America, Europe, and Australasia are at present

working out policies which combine in various degrees the

individualistic and the socialistic views. Most have public schools.

Some have provision for old age and accident through either mutual or

State systems of insurance and pensions. Let us analyze the moral

aspects of the two opposing theories more thoroughly. It is obvious that

the third view is only one of a number of mediating positions.

Sec. 2. INDIVIDUALISM OR FREE CONTRACT ANALYZED: ITS VALUES

=Efficiency in Production.=--Individualism can make out a strong case in

respect to several of the ethical qualities which are demanded: viz.,

efficiency in production of goods, stimulation of active and forceful

character, promotion of freedom and responsibility, encouragement to

wide diversification of occupation and thus of services, and, finally,

the supply to society of the kinds of goods which society wants. It

would be absurd to credit the enormous increase in production of wealth

during the past century to individualism alone, ignoring the

contributions of science and education which have been mainly made under

social auspices. It would be as absurd to credit all the gains of the

century in civilization and freedom to individualism as it would be to

charge all the wretchedness and iniquity of the century to this same

policy. But, setting aside extravagant claims, it can scarcely be

doubted that Adam Smith's contentions for greater individual freedom

have been justified as regards the tests named. Granting that the great

increase in amount and variety of production, and in means of

communication and distribution, has been primarily due to two agencies,

the machine and association, it remains true that individualism has

permitted and favored association and has stimulated invention.

=Initiative and Responsibility.=--Moreover, the general policy of

turning over to individuals the power and responsibility to regulate

their own acts, is in accord with one great feature of moral

development. The evolution of moral personality, as traced in our early

chapters, shows the individual at first living as a member of a kinship

group which determines his economic as well as his religious and social

life, and permits him neither to strike out independently, nor, on the

other hand, to suffer want so long as the group has supplies. Individual

initiative and responsibility have steadily increased, and the economic

development has undoubtedly strengthened the development of religious,

political, and moral freedom. It is the combination of these which gives

the person of to-day the worth and dignity belonging to autonomy,

self-government, and democracy.

=Regulation of Production.=--Further, it may be said that supply and

demand, individualism's method of regulating prices and the kinds of

goods produced, not only accords with a principle of freedom, but also

gets those goods made which society most needs or wants. If goods of a

certain kind are scarce, the high price stimulates production. While it

permits crises, panics, and hardship, it at least throws the burden of

avoiding hardship upon the foresight of a great many: namely, all

producers, rather than upon a few persons who might be designated for

the purpose. In thus providing a method to find out what society wants

and how much, it is performing a social service, and, as we have pointed

out, it is none the less a service because the goods are to be paid for;

it is all the more so because they can be paid for. So far, then,

individualism has a strong case.

Sec. 3. CRITICISMS UPON INDIVIDUALISM

There is undoubtedly great waste in some of its methods, e.g., its

advertising and its competitions, but the most serious objections to

individualism are not to be found here; they arise in connection with

the other ethical criteria of economic morality. They fall chiefly

under two heads. (1) Does individualism provide for real as well as

formal freedom? (2) Does it distribute the benefits widely or to the

few? Does it distribute them justly or unjustly?

=It Does Not Secure Real Freedom.=--The distinction between real and

formal[236] freedom has been forced into prominence by several causes.

The division of labor trains a man for a specific kind of work. If there

is no opening in this he is unable to find work. The continual invention

of improved machinery is constantly displacing particular sets of

workers and rendering their special training worthless. A business panic

causes immediate discharge of thousands of laborers. A "trust" closes

several of its shops, and workmen who have purchased homes must lose

their jobs or their investments, or perhaps both. The employer is no

less limited in his conduct by the methods of competing firms; but it is

the wage-workers who have felt this lack of real freedom most keenly.

Theoretically, no one is forced to labor. Every one is free to choose

whether he will work, and what work he will do. But in effect, freedom

of choice depends for its value upon what the alternative is. If the

choice is, do this or--starve--the freedom is not worth much. Formal

freedom excludes constraint by the direct control or will of others. It

excludes violence or fear of violence. But subjection to the stress or

fear of want, or to the limits imposed by ignorance, is just as fatal to

freedom. Hunger is as coercive as violence; ignorance fetters as

hopelessly as force. Whether a man has any choice of occupation,

employment, residence, or wage, depends on his physical strength,

education, family ties, and accumulated resources, and on the pressure

of present need. To speak of free contract where there is gross

inequality between the parties, is to use a mere form of words. Free

contract in this case means simply the right of the stronger to exploit

the weaker.

=Individualism and Justice.=--Individualists, as stated, belong to two

very different schools, which we may call the democratic and

aristocratic, or perhaps more correctly, if we may coin a word,

"oligocratic." Democratic individualism would have every man count as

one. It would distribute benefits widely. It holds that since society is

made up of individuals all social goods will be secured if each

individual seeks and finds his own. Aristocratic individualism[237] has

been reenforced by the Darwinian theory of the struggle for existence as

a condition for "survival of the fittest," by race prejudice, and by

imperialism. It holds that civilization is for the few "best," not

necessarily for the many. Progress lies through the selection of the few

efficient, masterful, aggressive individuals, races, or nations.

Individualism is a policy which favors these few. It is Nature's method

of dealing. It is of course regrettable that there should be weak,

backward, ineffective individuals or races, but their exploitation

serves the advance of the rest, and benevolence or charity may mitigate

the most painful results.

The older economists of democratic individualism could properly claim

two respects in which economic justice was furthered by economic

processes under free management and exchange. The social body is in

truth made up of members, and the old policy had been to tie up the

members to make the body grow. It did promote justice to remove needless

and excessive restrictions. In the second place, it is true, as the

economists insisted, that in a free exchange each party profits if he

gets what he wants. There is mutual benefit, and so far as this goes

there is an element of justice. But while the benefit may be mutual, the

_amount_ of advantage each gets is not necessarily the same, and if the

party who has greater shrewdness or resources takes advantage of a great

need on the part of the other, the result may be a very unequal

division. Exchanges of a birthright for a mess of pottage will be

common. Very well, says the individualist, Esau will know better next

time--or if he doesn't, he is an object for charity. But the trouble is

that even if Esau does "know better" he is in even poorer condition next

time to make a bargain if his birthright is gone; besides, if starvation

or misery for himself or his family is his only alternative, what good

will it do him to "know better"? Can the result, then, be just or fair?

This depends on how we define "just" and "fair." If we take a purely

formal view and make formal freedom of contract the only criterion, then

any price is fair which both parties agree to. The law for the most part

takes this view, assuming absence of force or fraud. But this leaves out

of account everything except the bare formal act of assent. It is too

abstract a conception of personality on which to base a definition of

justice. To get the true organic relation of mutual service and benefit

by a system of individualism we must have the two parties to the bargain

equal. _But in a large part of the exchange of business and services the

two parties are not equal._ One has greater shrewdness, better

education, more knowledge of the market, more accumulated resources,

and, therefore, less pressing need than the other. The moral

consciousness will call prices or contracts unfair where the stronger

takes advantage of the weaker's necessities, even if the law does not.

=Competition.=--The fact of competition is depended upon by the

individualist to obviate the disadvantages of the weaker party. If A is

ignorant of the market, B may impose upon him; but if C and D are

competing with B for A's goods or services, A will soon find out what

they are "worth." That is, he will get for them a social and not a

purely individual valuation. There is doubtless such a gain to A. But in

considering competition as removing the objections to the unfairness

possible in bargaining, we must bear in mind two things. First,

competition cuts both ways. It helps A when several compete for his

goods or labor; but, on the other hand, it may ruin one of the

competitors. If A is a laborer, it is a good thing if X, Y, and Z,

employers, compete for his services. But if the boot is on the other

foot, if B, C, and D also are laborers and compete with A for a place,

we have the conditions which may lead to the sweat-shop. Whether there

is any better way to avoid unequal distribution will be considered

later. The second and seemingly fatal objection to competition as a

means to justice, is that _free competition under an individualistic

system tends to destroy itself_. For the enormous powers which the new

forms of economic agency and technique give to the individual who can

wield them, enable him to crush competitors. The process has been

repeated over and over within the past few years in various fields. The

only way in which a semblance of competition has been maintained in

railroad business has been by appeal to the courts. This is an appeal to

maintain individualism by checking individualism, and as might be

expected from such a contradictory procedure, has accomplished little.

Nor can it be maintained that the evils may be obviated, as Spencer

holds, by private restraints on excessive competition. As already

pointed out, if one of a body of competitors is unscrupulous, the rest

are necessarily at a disadvantage. Under present conditions

individualism cannot guarantee, and in many cases cannot permit, just

distribution and a true organic society.

The other school of individualists is not disturbed by inequality of

goods. It frankly accedes to the logic of unrestrained competition. It

stakes its case upon the importance for social welfare of the

exceptionally gifted few. It is important to have their services. It

can have them only on terms which they set, as they will not work unless

there is sufficient motive. It is, on this view, perfectly just that all

the enormous increase of wealth due to modern methods should go to the

few leaders, for their ability has produced it all. "The able minority

of men who direct the labor of the majority are the true producers of

that amount of wealth by which the annual total output, in any given

community, exceeds what would have been produced by the laborers if left

to their own devices, whether working as isolated units or in small

self-organized groups, and controlled by no knowledge or faculties but

such as are possessed in common by any one who can handle a spade or lay

one brick upon another."[238]

Either from the standpoint of natural rights or from that of

utilitarianism it is proper, according to this school, that all the

increasing wealth of society, now and in all future time, should go to

the few. For, on the one view, it belongs to the few since they have

produced it; and, on the other, it must be given them if society is to

have their services. It is possible they may not claim it all for their

exclusive possession. They may be pleased to distribute some of it in

gifts. But this is for them to say. The logical method for carrying out

this programme would require an absolute abandonment by the people as a

whole, or by their representatives, or the courts, of any attempt to

control economic conditions. The courts would be limited to enforcing

contracts and would cease to recognize considerations of public interest

except in so far as these were accepted by the able minority. All such

legislation as imposes any check upon the freedom of the individual is

mischievous. Under this head would presumably come regulation of child

labor, of hours, of sanitary conditions, of charges by railroads, gas

companies, and other public service corporations. Graded income or

inheritance taxes are also to be condemned from this standpoint. It

should in fairness be added that while its upholders do not allege as

their main argument that individualism is for the interest of the many,

they hold, nevertheless, that the many are really better off under

individualism than under socialism. For since all the increase in wealth

is due to the able few whom individualism produces, and since some of

this increase, in cases where the few compete for the custom or labor of

the many, may fall to the share of the many or else be given them

outright by the more generous, it appears that the only hope for the

many lies through the few.

The general naturalistic theory has been discussed in Chapter XVIII.

Here it is only necessary to point out that it is a misreading of

evolution to suppose unregulated competition to be its highest category

of progress, and that it is a misinterpretation of ethics to assume that

might is right. With the dawn of higher forms of life, cooperation and

sympathy prove stronger forces for progress than ruthless competition.

The "struggle" for any existence that has a claim to moral recognition

must be a struggle for more than physical existence or survival of

force. It must be a struggle for a _moral_ existence, an existence of

rational and social beings on terms of mutual sympathy and service as

well as of full individuality. Any claim for an economic process, if it

is to be a moral claim, must make its appeal on moral grounds and to

moral beings. If it recognizes only a few as having worth, then it can

appeal only to these. These few have no moral right to complain if the

many, whom they do not recognize, refuse to recognize them.

=Summary of the Ethics of Individualism.=--Individualism provides well

for production of quantity and kinds required of goods and services; for

activity and formal freedom. Under present conditions of organization

and modern methods it cannot be made to serve a democratic conception

of justice, but inevitably passes over into a struggle for preeminence,

in which the strong and less scrupulous will have the advantage. It can

be treated as just only if justice is defined as what is according to

contract (formal freedom); or if the welfare of certain classes or

individual members of society is regarded as of subordinate importance;

or, finally, if it is held that this welfare is to be obtained only

incidentally, as gift, not directly through social action. The criticism

on individualism is then that under a collective system like that of the

present, it does scant justice to most individuals. It leaves the many

out from all active participation in progress or morality.[239]

LITERATURE

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