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
“Well; let the State fail. It can but do its best. If it succeed, so
much the better: if it do not, where is the harm? Surely it is wiser
to act, and take the chance of success, than to do nothing.” To this
plea the rejoinder is that, unfortunately, the results of legislative
intervention are not only negatively bad, but often positively so.
Acts of Parliament do not simply fail; they frequently make worse. The
familiar truth that persecution aids rather than hinders proscribed
doctrines—a truth lately afresh illustrated by the forbidden work of
Gervinus—is a part of the general truth that legislation often does
indirectly, the reverse of that which it directly aims to do. Thus has
it been with the Metropolitan Buildings’ Act. As was lately agreed
unanimously by the delegates from all the parishes in London, and as
was stated by them to Sir William Molesworth, this act “has encouraged
bad building, and has been the means of covering the suburbs of the
metropolis with thousands of wretched hovels, which are a disgrace to
a civilized country.” Thus, also, has it been in provincial towns. The
Nottingham Inclosure Act of 1845, by prescribing the structure of the
houses to be built, and the extent of yard or garden to be allotted
to each, has rendered it impossible to build working-class dwellings
at such moderate {241} rents as to compete with existing ones. It is
estimated that, as a consequence, 10,000 of the population are debarred
from the new homes they would otherwise have, and are forced to live
crowded together in miserable places unfit for human habitation; and
so, in its anxiety to insure healthy accommodation for artisans, the
law has entailed on them still worse accommodation than before. Thus,
too, has it been with the Passengers’ Act. The terrible fevers which
arose in the Australian emigrant ships a few months since, causing in
the _Bourneuf_ 83 deaths, in the _Wanota_ 39 deaths, in the _Marco
Polo_ 53 deaths, and in the _Ticonderoga_ 104 deaths, arose in vessels
sent out by the government; and arose _in consequence_ of the close
packing which the Passengers’ Act authorizes.[29] Thus, moreover, has
it been with the safeguards provided by the Mercantile Marine Act. The
examinations devised for insuring the efficiency of captains, have
had the effect of certifying the superficially-clever and unpractised
men, and, as we are told by a shipowner, rejecting many of the
long-tried and most trustworthy: the general result being that _the
ratio of shipwrecks has increased_. Thus also has it happened with
Boards of Health, which have, in sundry cases, exacerbated the evils
to be removed; as, for instance, at Croydon, where, according to the
official report, the measures of the sanitary authorities produced an
epidemic, which attacked 1600 people and killed 70. Thus again has it
been with the Joint Stock Companies Registration Act. As was shown
by Mr. James Wilson, in his late motion for a select committee on
Public-domain text, read in full here on John Shaqi.
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