England's Case Against Home RuleDicey, A. V. (Albert Venn)
History
England's Case Against Home Rule
Dicey, A. V. (Albert Venn)
Home rule -- Ireland
CHAPTER VIII.
CONCLUSION.
[Sidenote: Survey of argument.]
Let us here review and summarise our argument. The demand for Home Rule
is a demand for a change in the Constitution so fundamental as to amount
to a legal and pacific revolution; such a demand requires for its
support cogent, we may almost say conclusive, reasons.
The positive arguments in favour of Home Rule are not easy to grasp.
Their strength lies in their correspondence with the prevailing opinions
of the day. But though public opinion under any form of government, and
especially under the system of what is called popular government,
deserves great consideration, still the value of a prevailing belief or
conviction cannot be determined without examining the elements which
have gone to its production. The state of opinion which favours Home
Rule is found to result from various and even self-contradictory
feelings, some of which belong to the highest and some to the lowest
parts of human nature; humanity and a sense of justice are in this
instance curiously combined with indolence and impatience. The
arguments again for Home Rule rest upon one dubious assumption and one
undoubted fact. The dubious assumption is that the root of Irish
discontent is the outraged feeling of nationality. The undoubted fact is
that in Ireland, on all matters either directly or even remotely
connected with the tenure of land, the law of the Courts is opposed to
the customs, to the moral sentiment, we may say to the law of the
people; hence the Queen's tribunals are weak because they are not
supported by that popular assent whence judges derive half their
authority; the tribunals of the League are strong because their
decisions commend themselves to the traditional feeling of the people.
But the doubtful hypothesis and the undoubted fact, though one or other
of them lies at the basis of all the strongest arguments in favour of
Home Rule, each invalidate almost as much as they support the contention
that an Irish Parliament will prove the specific for the diseases (due
in the first instance to the original vice of the connection between
England and Ireland) under which Irish society now suffers. If the
passion of nationality is the cause of the malady, then the proposed
cure is useless, for Home Rule will not turn the people of Ireland into
a nation. If a vicious system of land tenure is the cause of
lawlessness, then the restoration or re-creation of an Irish Parliament
is needless, for the Parliament of the United Kingdom can reform, and
ought to reform, the land system of Ireland, and ought to be able to
carry through a final settlement of agrarian disputes with less
injustice to individuals than could any Parliament sitting at Dublin.
Public-domain text, read in full here on John Shaqi.
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