Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
Nor must we forget two other effects of attempted enforcement, both of
which are, I think, entirely evil. A government which is continually
flouted in its attempt at administration is bound to attempt even
greater severity. There will be an extension not only of the area
of offence, but also of the methods of coping with offence, and the
punishment to be inflicted where it occurs. The classic instance of
this result is the government of Geneva from the period of Calvin’s
dispensation. It does not result in the satisfactory enforcement of
the law, but in its wider evasion. Severity on one side is met by
brutality upon another; one might as well be hung for a sheep as
a lamb. And the disproportion between crime and punishment which
emerges draws the sympathy of the general population away from the
government to the offender. This is, I suggest, wholly bad for any
society. It makes the habits of government generally suspect to the
multitude. It creates martyrs unduly and unwisely. And this has,
of course, the consequence that it becomes ever more impossible to
enforce the law. Its irrationalism is advertised to the multitude.
It becomes inacceptable to an ever-increasing circle who, while they
may sympathize with its principle, are not prepared to acquiesce in
the price that has to be paid for its application. Not only, sooner or
later, does such legislation perish, but the habits to which it gives
rise persist, and are frequently carried over into realms where they
are still more undesirable. And the severity which a government is
tempted to practise makes it blind to wrong through becoming inured to
its consequences. When the British Government first met the weapon of
the hunger-strike it was baffled; later, it turned that weapon against
those who employed it by what was called the Cat and Mouse Act. Much of
this proceeding, where the suffragettes were concerned, had a comic, as
well as a tragic side. But the whole procedure had the serious result
of making the public expect that any hunger-strike would be a dramatic
battle between the government and its prisoner, in which the cause of
the imprisonment was lost sight of in the gamble of the procedure.
The public, accordingly, was not greatly moved by the hunger-striking
which took place during the Irish Revolution; and when Mr Lloyd George
left the Lord Mayor of Cork to die, people were more interested in
the circumstance of his death than in the vital question of whether
he should have been allowed to die. In all this realm, the denial of
liberty seems to result in the slow maximization of unhappiness.
Public-domain text, read in full here on John Shaqi.
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