"As soon as law was abolished, men would begin to inquire after equity.
In this situation let us suppose a litigated succession brought before
them, to which there were five heirs, and that the sentence of their old
legislation had directed the division of this property into five equal
shares. They would begin to inquire into the wants and situation of the
claimants. The first we will suppose to have a fair character and be
prosperous in the world: he is a respectable member of society, but
farther wealth would add little either to his usefulness or his
enjoyments. The second is a miserable object, perishing with want, and
overwhelmed with calamity. The third, though poor, is yet tranquil; but
there is a situation to which his virtue leads him to aspire and in
which he may be of uncommon service, but which he cannot with propriety
accept, without a capital equal to two-fifths of the whole succession.
One of the claimants is an unmarried woman past the age of
child-bearing. Another is a widow, unprovided, and with a numerous
family depending on her succor. The first question that would suggest
itself to unprejudiced persons having the allotment of this succession
referred to their unlimited decision, would be, what justice is there in
the indiscriminate partition which has hitherto prevailed?"[106] And
their answer could not be doubtful.
6.--REALIZATION.
_The change which is called for by the general welfare should, according
to Godwin, be effected by those who have recognized the truth persuading
others how necessary the change is for the general welfare, so that law,
the State, and property would spontaneously disappear and the new
condition would take their place._
I. The sole requirement is to convince men that the general welfare
demands the change.
1. Every other way is to be rejected. "Our judgment will always suspect
those weapons that can be used with equal prospect of success on both
sides. Therefore we should regard all force with aversion. When we enter
the lists of battle, we quit the sure domain of truth and leave the
decision to the caprice of chance. The phalanx of reason is
invulnerable; it moves forward with calm, sure step, and nothing can
withstand it. But, when we lay aside arguments, and have recourse to the
sword, the case is altered. Amidst the clamorous din of civil war, who
shall tell whether the event will be prosperous or adverse? We must
therefore distinguish carefully between instructing the people and
exciting them. We must refuse indignation, rage, and passion, and desire
only sober reflection, clear judgment, and fearless discussion."[107]
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