Culture; Great Britain -- Social conditions -- 19th century
Now does any one, if he simply and naturally reads his consciousness,
discover that he has any rights at all? For my part, the deeper I go
in my own consciousness, and the more simply I abandon myself to it,
the more it seems to tell me that I have no rights at all, only
duties; and that men get this notion of rights from a process of
abstract reasoning, inferring that the obligations they are conscious
of towards others, others must be conscious of towards them, and not
from any direct witness of consciousness at all. But it is obvious
that the notion of a right, arrived at in this way, is likely to
stand as a formal and petrified thing, deceiving and misleading us;
and that the notions got directly from our consciousness ought to be
brought to bear upon it, and to control it. So it is unsafe and
misleading to say that our children have rights against us; what is
true and safe to say is, that we have duties towards our [215]
children. But who will find among these natural duties, set forth to
us by our consciousness, the obligation to leave to all our children
an equal share in the enjoyment of our property? or, though
consciousness tells us we ought to provide for our children's
welfare, whose consciousness tells him that the enjoyment of property
is in itself welfare? Whether our children's welfare is best served
by their all sharing equally in our property depends on circumstances
and on the state of the community in which we live. With this equal
sharing, society could not, for example, have organised itself afresh
out of the chaos left by the fall of the Roman Empire, and to have an
organised society to live in is more for a child's welfare than to
have an equal share of his father's property. So we see how little
convincing force the stock notion on which the Real Estate Intestacy
Bill was based,--the notion that in the nature and fitness of things
all a man's children have a right to an equal share in the enjoyment
of what he leaves,--really has; and how powerless, therefore, it must
of necessity be to persuade and win any one who has habits and
interests which disincline him to [216] it. On the other hand, the
practical operation proposed relies entirely, if it is to be
effectual in altering the present practice of the Barbarians, on the
power of truth and persuasiveness in the notion which it seeks to
consecrate; for it leaves to the Barbarians full liberty to continue
their present practice, to which all their habits and interests
incline them, unless the promulgation of a notion, which we have seen
to have no vital efficacy and hold upon our consciousness, shall
hinder them.
Public-domain text, read in full here on John Shaqi.
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