It is difficult to explain to English readers how far this deadening
conservatism had been pushed on the Continent. The constitution of
England and the habits of her lawyers and politicians were still, for all
their vices, the most flexible in Europe. Even Pitt could tinker at the
representative system, and an abominable penal code could be softened
without upsetting the whole scheme of English criminal law. To this day
we notice in England the most fundamental changes introduced, so to
speak, into an unresisting medium: witness those miniature revolutions,
the Income Tax and Employers’ Liability, which are so silent, and which
yet produce results so immeasurable.
It has always been a difficulty in writing of the Revolution for English
readers, that in England the tendency to reform, though strong, was not
irresistible. It was a desire, but it was not a necessity, and that on
account of the quality which has just been mentioned, the lack of form
and definition in the English constitution and legal habit.
But if we go a little deeper we shall see a further cause. Nothing will
so deaden the common sense of justice in a legislator or a lawyer,
nothing will separate him so much from the general feeling of his time,
as distinction of class from class. When a man cannot frequently meet
and sympathise with every kind of man about him, then the State lacks
homogeneity; the general sentiment is unexpressed, because it has no
common organ of expression, and you obtain in laws and legal decisions
not the living movement of the citizens, but the dead traditions of a few.
Now by a peculiar bent of history, the stratification of society which is
so natural a result of an old civilisation, was less marked in England
than elsewhere in Europe. The society of the Continent is not more
homogeneous to-day, as contrasted with that of modern England, than was
the society of England a hundred years ago, as contrasted with that of
the Continent then; and any English traveller who is wise enough to note
in our time the universal type of citizen in France, will experience
something of the envy that Frenchmen felt when they noted the solid
England of the eighteenth century. There great lawyers were occasionally
drawn from the people; there a whole mass of small proprietors in land
or capital—half the people perhaps—kept the balance of the State, and
there a fluctuating political system could, for all its corruption, find
a place for the young bourgeois Wolfe to defeat the great gentleman
Montcalm.
Public-domain text, read in full here on John Shaqi.
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