Civil disobedience -- India; India -- Politics and government -- 1919-1947
"My Lords, as the doctrine of unlimited non-resistance was impliedly
renounced by the whole nation in the resolution, so diverse Acts of
Parliament afterwards passed expressing their renunciation, ... and,
therefore I shall only say that it can never be supposed that the laws
were made to set up a despotic power to destroy themselves and to warrant
subversion of a constitution of a Government which they were designed to
establish and defend." Mr. Walpole put the whole argument in a nutshell
when he said, "the doctrine of unlimited, unconditional passive obedience
was first invented to support arbitrary and despotic power and was never
promoted or countenanced by any Government that had not designs sometime
or other of making use of it." The argument against the doctrine of Law
and Order could not be put more clearly or forcibly, for his argument
comes to this: "that the doctrine is not an honest one if law and order is
the process by which absolution consolidates its powers and strengthens
its hand." I will make one more quotation and that is from the speech of
Major-Gen. Stanhope. "As to the doctrine itself of absolute
non-resistance, it should seem needless to prove by argument that it is
inconsistent with the law of reason, with the law of Nature and with the
practice of all ages and countries.... And indeed one may appeal to the
practice of all Churches and of all states and of all nations in the
world, how they behaved themselves when they found their civil and
religious constitutions invaded and oppressed by tyranny."
This then is the history of the freedom movement in England. The
conclusion is irresistible that it is not by acquiescence in the doctrine
of Law and Order that the English people have obtained the recognition of
their fundamental rights. It follows from the survey that I have made
firstly that no regulation is law unless it is based on the consent of the
people; secondly where such consent is wanting the people are under no
obligation to obey; thirdly, where such laws are not only not based on the
consent of the people but profess to attack their fundamental rights the
subjects are entitled to compel their withdrawal by force or
insurrections; fourthly, that Law and Order is and has always been a plea
for absolutism and lastly there can be neither law nor order before the
real reign of Law begins.
Public-domain text, read in full here on John Shaqi.
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