Great Britain -- Politics and government -- 1837-1901; Liberalism -- Great Britain
Further, and this is a very serious question, which is the ultimate
authority--the will of the nation, or the rights of the individual?
Suppose the nation deliberately decides on laws which deny the rights of
the individual, ought such laws to be obeyed in the name of popular
sovereignty, or to be disobeyed in the name of natural rights? It is a
real issue, and on these lines it is unfortunately quite insoluble.
These difficulties were among the considerations which led to the
formation of the second type of Liberal theory, and what has to be said
about the harmony of the natural order may be taken in conjunction with
this second theory to which we may now pass, and which is famous as The
Greatest Happiness Principle.
Bentham, who spent the greater part of his life in elaborating the
greatest happiness principle as a basis of social reconstruction, was
fully alive to the difficulties which we have found in the theory of
natural rights. The alleged rights of man were for him so many
anarchical fallacies. They were founded on no clearly assignable
principle, and admitted of no demonstration. "I say I have a right." "I
say you have no such right." Between the disputants who or what is to
decide? What was the supposed law of nature? When was it written, and by
whose authority? On what ground do we maintain that men are free or
equal? On what principle and within what limits do we or can we maintain
the right of property? There were points on which, by universal
admission, all these rights have to give way. What is the right of
property worth in times of war or of any overwhelming general need? The
Declaration itself recognized the need of appeal to common utility or to
the law to define the limits of individual right. Bentham would frankly
make all rights dependent on common utility, and therewith he would make
it possible to examine all conflicting claims in the light of a general
principle. He would measure them all by a common standard. Has a man the
right to express his opinion freely? To determine the question on
Bentham's lines we must ask whether it is, on the whole, useful to
society that the free expression of opinion should be allowed, and this,
he would say, is a question which may be decided by general reasoning
and by experience of results. Of course, we must take the rough with the
smooth. If the free expression of opinion is allowed, false opinion will
find utterance and will mislead many. The question would be, does the
loss involved in the promulgation of error counterbalance the gain to be
derived from unfettered discussion? and Bentham would hold himself free
to judge by results. Should the State maintain the rights of private
property? Yes, if the admission of those rights is useful to the
community as a whole. No, if it is not useful. Some rights of property,
again, may be advantageous, others disadvantageous. The community is
free to make a selection. If it finds that certain forms of property are
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