Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.Spencer, Herbert
Philosophy
Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.
Spencer, Herbert
Philosophy; Political science; Science
the consideration that in turbulent times they must not be so carried
out as to endanger national life, through suspensions in the supply of
necessaries, these _a priori_ principles would have guided statesmen,
as fast as circumstances allowed, towards the normal condition. We
should have been saved from thousands of needless restrictions. Such
restrictions as were needful would have been abolished as soon as was
safe. An enormous amount of suffering would have been prevented. That
prosperity which we now enjoy would have commenced much sooner. And
our present condition would have been one of greater power, wealth,
happiness, and morality.
Our railway-politics furnish another instance. A vast loss of national
capital has been incurred, and great misery has been inflicted, in
consequence of the neglect of a simple principle clearly dictated by
abstract justice. Whoso enters into a contract, though he is bound to
do that which the contract specifies, is not bound to do some other
thing which is neither specified nor implied in the contract. We do
not appeal to moral perception only in warranty of this position. It
is one deducible from that first principle of equity which, as above
pointed out, follows from the laws of life, individual and social;
and it is one which the accumulated experience of mankind has so
uniformly justified, that it has become a tacitly-recognized doctrine
of civil law among all nations. In cases of disputes about agreements,
the question in each case brought to trial {156} always is, whether
the terms bind one or other of the contracting parties to do this
or that; and it is assumed, as a matter of course, that neither of
them can be called upon to do more than is expressed or understood
in the agreement. Now this almost self-evident principle has been
wholly ignored in railway-legislation. A shareholder, uniting with
others to make and work a line from one specified place to another
specified place, binds himself to pay certain sums in furtherance of
the project; and, by implication, agrees to yield to the majority
of his fellow-shareholders on all questions raised respecting the
execution of this project. But he commits himself no further than
this. He is not required to obey the majority concerning things
not named in the deed of incorporation. Though with respect to the
specified railway he has bound himself, he has not bound himself,
with respect to any _un_specified railway which his co-proprietors
may wish to make; and he cannot be committed to such unspecified
railway by a vote of the majority. But this distinction has been
wholly passed over. Shareholders in joint-stock undertakings have been
perpetually involved in other undertakings subsequently decided on by
their fellow-shareholders; and, against their will, have had their
properties heavily mortgaged for the execution of projects that were
ruinously unremunerative. In every case the proprietary contract for
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