A confusion of ideas in politics which is not uncommon amongst the enemies
of all change is to believe that whoever desires the reform of some law
wants to do something that is not legal, and has a rebellious, subversive
spirit. Yet the reformer is not a rebel; it is indeed the peculiar
distinction of his position not to be a rebel, for there has never been a
real reformer (as distinguished from a revolutionist) who wished to do
anything illegal. He desires, certainly, to do something which is not
legal just at present, but he does not wish to do it so long as it remains
in the condition of illegality. He wishes first to make it legal by
obtaining legislative sanction for his proposal, and then to do it when it
shall have become as legal as anything else, and when all the most
conservative people in the kingdom will be strenuous in its defence as
"part and parcel of the law of the land."
Another confusion in political matters which has always been extremely
common is that between private and public liberty. Suppose that a law were
enacted to the effect that each British subject without exception should
go to Mass every Sunday morning, on pain of death, and should take the
Roman Catholic Sacrament of Holy Communion, involving auricular
confession, at Easter; such a law would not be an infringement of the
sensible liberty of Roman Catholics, because they do these things already.
Then they might say, "People talk of the tyranny of the law, yet the law
is not tyrannical at all; we enjoy perfect liberty in England, and it is
most unreasonable to say that we do not." The Protestant part of the
community would exclaim that such a law was an intolerable infringement of
liberty, and would rush to arms to get rid of it. This is the distinction
between private and public liberty. There is private liberty when some men
are not interfered with in the ordinary habits of their existence; and
there has always been much of such private liberty under the worst of
despotisms; but there is not public liberty until every man in the country
may live according to his own habits, so long as he does not interfere
with the rights of others. Here is a distinction plain enough to be
evident to a very commonplace understanding; yet the admirers of tyrants
are often successful in producing a confusion between the two things, and
in persuading people that there was "ample liberty" under some foreign
despot, because they themselves, when they visited the country that lay
prostrate under his irresistible power, were allowed to eat good dinners,
and drive about unmolested, and amuse themselves by day and by night
according to every suggestion of their fancy.
Public-domain text, read in full here on John Shaqi.
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