Freedom In Service: Six Essays on Matters Concerning Britain's Safety and Good GovernmentHearnshaw, F. J. C. (Fossey John Cobb)
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Freedom In Service: Six Essays on Matters Concerning Britain's Safety and Good Government
Hearnshaw, F. J. C. (Fossey John Cobb)
Draft; Great Britain -- Defenses; Great Britain -- Politics and government
It is from this intolerable condition of perfect freedom that
government saves a man. But it saves him--and in no other way can it
possibly do so--by taking away from both himself and his fellows alike
and in equal measure, part of their insufferable birthright of liberty.
The very essence of government is restriction, compulsion, law. Under
government, then, whatever may be its form, no man is free in the sense
of being exempt from restraint. Natural liberty gives place in organized
society to civil liberty, which is a much more modest and limited thing.
"Civil liberty," says Blackstone, "is no other than natural liberty so
far restrained by human laws as is necessary and expedient for the
general advantage of the public."[34] In the same sense Austin defines
it as "the liberty from legal obligation which is left or granted by a
sovereign government to any of its own subjects."[35] But the most
luminous definition is that of Montesquieu, who says: "La liberté est
le droit de faire tout ce que les lois permettent."[36] Those who would
understand what true civil or political liberty is, and what are its
necessary limitations, should imprint this profound utterance upon their
memories, and employ it as a universal test of sound thinking on the
subject.
"Liberty is the right to do all that the laws allow"--no more, and no
less. Liberty, then, in the sphere of politics, is not the absence of
all restraint whatsoever, but only the absence of all restraint except
that of the law. Thus the freedom of which Britons boast--"English
liberty"--is not a licence to anyone to do as he likes, but is merely
the right of everyone to do what the laws of England permit, and it is a
splendid possession merely because the laws of England are eminent for
justice and equity. "English liberty" is perfectly consistent, as we all
admit, with compulsory registration, vaccination, education, taxation,
insurance, inspection, and countless other legal coercions. From our
cradles to our graves we are beset behind and before by government
regulations; yet we rightly assert that we are free. If then the laws of
England add one more coercion, and proclaim anew the duty of universal
military service, not only will they do a thing consonant with justice
and equity, they will also do a thing which does not in the smallest
degree diminish any individual's civil liberty.[37]
FOOTNOTES:
[31] Cicero. _Parad._, v, 1.
[32] Filmer. _Patriarcha_, quoted and criticized by Locke, _On
Government_, book ii, chap. iv.
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