Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
You will see, therefore, why I cannot believe that constitutional
expedients alone, however substantial, will prevent the invasion of
liberty. They will work just so long as people are determined they
shall work, and no longer. They are valuable because, since they have
been consecrated by tradition, their invasion tends to awaken, at
least in some of us, a prejudice to which we have become habituated.
But to keep them active and alive, requires a deliberate and purposive
effort it is by no means easy to make when the result of doing so
conflicts with some other object keenly desired. That is, I think,
capable of a simple demonstration. No class of men is so carefully
trained as the judiciary to the habit of a balanced mind. Yet if you
examine the observations of judges in cases where their passions are
deeply involved you will note how great is the effort they have to
make to show tolerance to antagonistic views. Nor do they always
succeed. In most of the classic English blasphemy cases, for example,
the judge has too often been, either consciously or unconsciously, an
additional counsel for the prosecution.[22] In many of the American
Espionage Acts cases what chiefly emerges from the summing up of the
judge is a desire, at all costs, to see that the prisoner does not
secure an acquittal.[23] Recent injunction cases in America show a
desire, no doubt unconscious, on the part of the Court, to lend aid and
countenance to a social philosophy of which it happens to approve.
I conclude, therefore, that in general we shall not allow, as a
society, the mechanisms of the state to serve the cause of freedom
unless we approve the objects at which freedom aims. In a time
of crisis, particularly, when the things we hold most dear are
threatened, we shall find the desire to throw overboard the habits of
tolerance, almost irresistible. For those habits are not in Nature,
which teaches us that opinions we deem evil are fraught with death.
They come from our social heritage, and are part of a process the value
of which we must relearn continuously if we are to preserve it. That is
the meaning of the famous maxim that eternal vigilance is the price of
liberty. It is why, also, it becomes necessary in each age to restate
the case for freedom, if it is to be maintained.
V
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