A Critical Examination of SocialismMallock, W. H. (William Hurrell)
Philosophy
A Critical Examination of Socialism
Mallock, W. H. (William Hurrell)
Communism; Socialism
must depend on the natural qualities of such and such physical
substances, so do the constitution and propensities of the concrete
human character limit legislation generally, and confine it within
certain channels.
This is what "X" and similar thinkers forget; and the nature of their
error is very pertinently illustrated by an observation of the English
jurist, Lord Coleridge, to which "X" solemnly refers, as corroborating
him in his own wisdom. "The same power," says Lord Coleridge, "which
prescribes rules for the possession of property can of course alter
them"; this power being the legislative body of whatever country may be
in question. It is easy to see the manner in which Lord Coleridge
reasons. Because, in any country, the formulation and enforcement of
laws have the will of the governing body as the proximate cause which
determines them, it seems to Lord Coleridge that, in this contemporary
will, the laws thus formulated and enforced have their ultimate cause
also. For example, according to him, the entire institution of property
in the State of New York is virtually a fresh creation of the voters
from year to year, and has nothing else behind it. But, in reality, all
this business of formulation and enforcement is a secondary process, not
a primary process at all. Lord Coleridge is simply inverting the actual
order of things. Half the existing "rules prescribed as to the
possession of property" have, for their ultimate object, the protection
of family life, the privacy of the private home, and the provision made
by parents for their children. But family life is not primarily the
creation of prescribed rules. It is the creation of instincts and
affections which have developed themselves in the course of ages.
Instead of the law creating family life, it is family life which has
gradually called into being--which has created and dictated--the rules
and sanctions protecting it. The same is the case with bequest,
marriage, and so forth. The conduct of civilised men is bound to conform
to laws, but the laws must first conform to general human practice. They
merely give precision to conduct which has a deeper origin than
legislation. Laws, in fact, may be compared to soldiers' uniforms.
These, within certain limits, may be varied indefinitely by a
war-office; but they all must be such as will adapt themselves to the
human body and its movements. The will of a government may prescribe
that the trousers shall be tight or loose, that they shall be black or
brown or bright green or vermilion. But no government can prescribe that
they shall be only three inches round the waist, or that the soldier's
sleeves shall start, not from the shoulders, but from the pockets of the
coat-tails. The human body is here a legislator which is supreme over
all governments; and just the same thing is true with regard to the
human character.
Public-domain text, read in full here on John Shaqi.
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