Great Britain -- Politics and government -- 1837-1901; Liberalism -- Great Britain
I cannot here attempt so much as a sketch of the historical progress of
the Liberalizing movement. I would call attention only to the main
points at which it assailed the old order, and to the fundamental ideas
directing its advance.
1. _Civil Liberty._
Both logically and historically the first point of attack is arbitrary
government, and the first liberty to be secured is the right to be dealt
with in accordance with law. A man who has no legal rights against
another, but stands entirely at his disposal, to be treated according to
his caprice, is a slave to that other. He is "rightless," devoid of
rights. Now, in some barbaric monarchies the system of rightlessness has
at times been consistently carried through in the relations of subjects
to the king. Here men and women, though enjoying customary rights of
person and property as against one another, have no rights at all as
against the king's pleasure. No European monarch or seignior has ever
admittedly enjoyed power of this kind, but European governments have at
various times and in various directions exercised or claimed powers no
less arbitrary in principle. Thus, by the side of the regular courts of
law which prescribe specific penalties for defined offences proved
against a man by a regular form of trial, arbitrary governments resort
to various extrajudicial forms of arrest, detention, and punishment,
depending on their own will and pleasure. Of such a character is
punishment by "administrative" process in Russia at the present day;
imprisonment by _lettre de cachet_ in France under the _ancien regime_;
all executions by so-called martial law in times of rebellion, and the
suspension of various ordinary guarantees of immediate and fair trial in
Ireland. Arbitrary government in this form was one of the first objects
of attack by the English Parliament in the seventeenth century, and this
first liberty of the subject was vindicated by the Petition of Right,
and again by the Habeas Corpus Act. It is significant of much that this
first step in liberty should be in reality nothing more nor less than a
demand for law. "Freedom of men under government," says Locke, summing
up one whole chapter of seventeenth-century controversy, "is to have a
standing rule to live by, common to every one of that society and made
by the legislative power erected in it."
Public-domain text, read in full here on John Shaqi.
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