Great Britain -- Politics and government -- 1837-1901; Liberalism -- Great Britain
The first condition of universal freedom, that is to say, is a measure
of universal restraint. Without such restraint some men may be free but
others will be unfree. One man may be able to do all his will, but the
rest will have no will except that which he sees fit to allow them. To
put the same point from another side, the first condition of free
government is government not by the arbitrary determination of the
ruler, but by fixed rules of law, to which the ruler himself is subject.
We draw the important inference that there is no essential antithesis
between liberty and law. On the contrary, law is essential to liberty.
Law, of course, restrains the individual; it is therefore opposed to his
liberty at a given moment and in a given direction. But, equally, law
restrains others from doing with him as they will. It liberates him
from the fear of arbitrary aggression or coercion, and this is the only
way, indeed, the only sense, in which liberty _for an entire community_
is attainable.
There is one point tacitly postulated in this argument which should not
be overlooked. In assuming that the reign of law guarantees liberty to
the whole community, we are assuming that it is impartial. If there is
one law for the Government and another for its subjects, one for noble
and another for commoner, one for rich and another for poor, the law
does not guarantee liberty for all. Liberty in this respect implies
equality. Hence the demand of Liberalism for such a procedure as will
ensure the impartial application of law. Hence the demand for the
independence of the judiciary to secure equality as between the
Government and its subjects. Hence the demand for cheap procedure and
accessible courts. Hence the abolition of privileges of class.[2] Hence
will come in time the demand for the abolition of the power of money to
purchase skilled advocacy.
2. _Fiscal Liberty._
Public-domain text, read in full here on John Shaqi.
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