Eclectic Magazine of Foreign Literature, Science, and Art, June 1885 — John Shaqi
Eclectic Magazine of Foreign Literature, Science, and Art, June 1885Various
History
Eclectic Magazine of Foreign Literature, Science, and Art, June 1885
Various
American literature -- Periodicals; Literature -- Periodicals
If one analyze completely the expression “natural rights,” one finds
that it is really not sense. Xavier de Maistre, annoyed by the constant
appeals to nature which are to be found in all the writings of the
eighteenth century, said, very wittily: “Nature, who and what is this
woman?” Nature is subject to certain laws, which are invariable; as,
for instance, the law of gravitation. We may call these “laws of
nature,” but in human institutions, which are ever varying, nothing of
the sort can exist. This superior and ideal right, which is invoked for
the purpose of condemning existing laws, and claiming their reform or
suppression, should rather be called _rational right_—that is to say,
right in conformity with reason.
In every country, and at all times, an order of things may be
conceived—civil, political, penal and administrative laws—which would
best conform to the general interest, and be the most favorable to the
well-being and progress of the nation. This order of things is not
the existing one. If it were, one might say, with the optimists, that
all is for the best in the best of possible worlds, and a demand for
any amelioration would be a rebellion against natural laws, and an
absurdity. But this order of things may be caught sight of by reason,
and defined with more or less accuracy by science; hence its name
of rational order. If I ask for free trade in France, for a better
division of property in England, and for greater liberty in Russia,
I do so in the name of this rational order, as I believe that these
changes would increase men’s happiness.
This theory permits of our tracing a limit between individual liberty
and State power.
Mr. Herbert Spencer proves very clearly that there are certain things
which no man would ever choose to abandon to State power; his religious
convictions, for instance. On the other hand, all would agree that the
State should accept the charge of protecting frontiers and punishing
theft and murder, that is to say, the maintaining of peace and security
at home and abroad; only here, like most Englishmen, Mr. Herbert
Spencer invokes human will. Find out, he says, on the one hand, what
the great majority of mankind would choose to reserve to an individual
sphere of action, and, on the other, what they would consent to abandon
to State decisions, and you will then be able to fix the limit of the
power of public authority.
I cannot myself admit that human will is the source of rights. Until
quite recently, in all lands, slavery was considered a necessary and
legitimate institution. But did this unanimous opinion make it any
more a right? Certainly not. It is in direct opposition to the order
of things which would be best for the general welfare; it cannot,
therefore, be a right.
Public-domain text, read in full here on John Shaqi.
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