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 injustice thus inflicted on minorities is, indeed, already
recognized in a vague way. The recently-established Standing Order
of the House of Lords, that before a Company carry out any new
undertaking, three-fourths of the votes of the proprietors shall be
recorded in its favour, clearly implies a perception that the usual
rule of the majority does not apply. And again, in the case of The
Great Western Railway Company _versus_ Rushout, the decision that the
funds of the Company could not be used for purposes not originally
authorized, without a special legislative permit, involves the doctrine
that the will of the greater number is not of unlimited validity. In
both these cases, however, it is taken for granted that a State-warrant
can justify an act which without it would be unjustifiable. We must
take leave to question this. If it be held that an Act of Parliament
can make murder proper, or can give rectitude to robbery; it may be
consistently held that it {95} can sanctify a breach of contract;
but not otherwise. We are not about to enter upon the vexed question
of the standard of right and wrong; and to inquire whether it is the
function of a government to make rules of conduct, or simply to enforce
rules deducible from the laws of social life. We are content, for the
occasion, to adopt the expediency-hypothesis; and adopting it, must
yet contend that, rightly interpreted, it gives no countenance to this
supposed power of a Government to alter the limits of an equitable
contract against the wishes of some of the contracting parties. For,
as understood by its teachers and their chief disciples, the doctrine
of expediency is not a doctrine implying that each particular act is
to be determined by the particular consequences that may be expected
to flow from it; but that the general consequences of entire classes
of acts having been ascertained by induction from experience, rules
shall be framed for the regulation of such classes of acts, and each
rule shall be uniformly applied to every act coming under it. Our whole
administration of justice proceeds on this principle of invariably
enforcing an ordained course, regardless of special results. Were
immediate consequences to be considered, the verdict gained by the rich
creditor against the poor debtor would generally be reversed; for the
starvation of the last is a much greater evil than the inconvenience
of the first. Most thefts arising from distress would go unpunished; a
large proportion of men’s wills would be cancelled; many of the wealthy
would be dispossessed of their fortunes. But it is clearly seen that
were judges thus guided by proximate evils and benefits, the ultimate
result would be social confusion; that what was immediately expedient
would be ultimately inexpedient; and hence the aim at rigorous
uniformity, spite of incidental hardships. Now, the binding nature
of agreements is one of the commonest and most important principles
of civil law.
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