Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
that of any other persons engaged in a similar function.[31]
I do not, of course, suggest that there is anything especially cruel
or remarkable in these instances. Whether you study repression in
Ireland or Russia, Bavaria or Hungary or India, its history is
always the same. The fact always emerges that once the operation of
justice is transferred from the ordinary courts to some branch of the
executive, abuses always occur. The proper protection of the individual
is deliberately neglected in the belief that a reign of terror will
minimize disaffection. There is no evidence that it does. If it could,
there would have been no Russian Revolution; and there would be no
movement for Indian self-government today. The error inherent in any
invasion of individuality, such as a system of special courts implies,
is that it blinds the eyes of government to the facts not only by
suppressing illegitimate expression of opinion, but by persuading it
that most opinion which finds expression is illegitimate if it is
not in the nature of eulogy. Even Lincoln supported his generals in
completely indefensible attacks on civilian rights. Executive justice,
in fact, is simply an euphemism for the denial of justice; and the
restoration of order at this cost involves dangers of which the price
is costly indeed.
The problem of war is, in a sense, a special case of the problem of
disorder; but, in fact, it raises quite different considerations.
Let me first of all make the point that if you are a citizen in a
besieged town, you cannot expect a normal freedom of speech; to be
within the area of actual military operations means that you must not
hope to be regarded as an individual. You become, from the nature of
things, a unit of attack or defence whose personality is immaterial
and insignificant. The position here is extraordinary; and principles
have little or no relation to the problems that arise. The case,
as elsewhere, merely affords proof that liberty and violence are
antithetic terms.
Public-domain text, read in full here on John Shaqi.
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