French & English : $b A comparisonHamerton, Philip Gilbert
History
French & English : $b A comparison
Hamerton, Philip Gilbert
National characteristics, English; National characteristics, French
The two tendencies, experimental and conservative, have both been
manifested many times in French constitutions. How many there have been
of them I cannot inform the reader. Dicey gives a minimum of sixteen;
there may have been more. The number of them is of no importance; the
state of mind that produced them is alone of any real importance.
[Sidenote: The Love of Change not the Motive for making written
Constitutions.]
[Sidenote: The Desire for Order and Permanence.]
[Sidenote: Premature Hopes of Order.]
[Sidenote: Revision.]
It has commonly been assumed that a state of mind which could produce
so many constitutions was animated by the love of change. This is
exactly the opposite of the truth. Those who love change on its own
account provide for it by the most elastic arrangements in order to
leave everything open. The state of feeling that induces men to bind
themselves, or try to bind themselves, by written rules for their
future guidance is a desire for order and permanence. All that can
be truly said against the French experimenters is that their hopes
of orderly arrangements were premature. Even when producing disorder
they have been lovers of order and desired it, though during many
years, in the eagerness of inexperience, they failed to perceive that
their political life was still too much unsettled to be cast into
fixed forms. At last, without abandoning the safeguard of a written
constitution (that of 1875 has already a respectable antiquity), they
have provided for future changes by making revision possible under
conditions that have hitherto completely assured the maintenance of
order.
[Sidenote: Sir Henry Maine on the Dislike to Change.]
[Sidenote: The Mohammedan World.]
[Sidenote: Africa.]
[Sidenote: China.]
The reader perhaps remembers how eloquently Sir Henry Maine described
the dislike to change which is inherent in large bodies of mankind.
“Vast populations, some of them with a civilisation considerable but
peculiar, detest that which in the west would be called reform. The
entire Mohammedan world detests it. The multitude of coloured men who
swarm in the great continent of Africa detest it, and it is detested by
that large part of mankind which we are accustomed to leave on one side
as barbarous or savage. The millions upon millions of men who fill the
Chinese empire loathe it and (what is more) despise it.... There is not
the shadow of a doubt that the enormous mass of the Indian population
hates and dreads change, as is natural in the parts of a body-social
solidified by caste.”[29]
[Sidenote: Modern Character of the Enthusiasm for Change.]
Sir Henry Maine afterwards pointed out that the enthusiasm for change
was not only comparatively rare but also extremely modern. “It is known
but to a small part of mankind, and to that part but for a short period
during a history of incalculable length. It is not older than the free
employment of legislation by popular governments.”
Public-domain text, read in full here on John Shaqi.
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