In the British House of Commons it has been customary for many hundred
years to designate members as the representatives of their particular
constituency. Only if a member commits a grave offence against the rules
of the House does he run the risk of the Speaker's calling him by name,
but this case has not arisen within the memory of man. A disrespectful
Irish member of Parliament, urged by perverse curiosity, asked the
Speaker one day: "What would happen if you called me by my name?" The
Speaker thought for a short time and then answered with impressive
gravity: "I have no idea, but it must be something terrible." Such a
mysterious threat of an unknown catastrophe may suffice for a picked
assembly whose members would no doubt maintain order and observe all the
rules of parliamentary decency, even if they were not held in check by
the fear of some dark danger. It would not be sufficient by a long way
to guarantee the rule of Law in a society which includes individuals of
the most varied disposition, mind development, education and strength of
impulse.
Positive Law, as I have shown, presents a very simplified excerpt of
Morality for the use of coarser natures. It is a summary of the minimum
of self-denial, consideration for one's fellow men, and the feeling of
joint responsibility, the observance of which the community must
pitilessly demand from all its members if it is to continue to exist and
not fall back within a very short time into the state of Hobbes's war of
all against all. The necessity of self-preservation makes it a duty for
the community to provide for the case that one of its members refuses to
accept the minimum of discipline and to recognize the claims of another
personality. The community prevents this revolt, which would frustrate
its aim and endanger its existence, by employing physical force to break
all resistance to the Law which it must, for the common weal, impose on
all its members. That is an extraneous compulsion that certainly has
something brutal and unworthy of man about it and may well arouse
discomfort in more highly developed minds. It would undoubtedly be more
dignified and better if there were no need for the handcuffs of the
police, for prison cells and executioners, if man's own insight and the
admonition of his conscience were enough to constrain everyone to
respect the Law, that is, to practise a minimum of Morality.
Public-domain text, read in full here on John Shaqi.
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