Democracy; France -- Politics and government; Mental efficiency
Before we knew socialism, we used to say that democracy tended naturally
to despotism. The situation seems somewhat changed, and we might now say
that it tends to socialism: really nothing has changed. For in tending
towards socialism it is towards despotism that it tends. Socialism is
not conscious of this, for it imagines that it is journeying towards
equality, but out of these utopias of equality it is ever despotism that
emerges.
But this is a digression which refers to the future; let us return to
the matter in hand.
CHAPTER IV.
THE COMPETENT LEGISLATOR.
Democracy, in its modern form, encroaches first upon the executive and
then upon the administrative authorities, and reduces them to subjection
by means of its delegates, the legislators, whom it chooses in its own
image, that is to say, because they are incompetent and governed by
passion, just as in the words of Montesquieu, though he perhaps
contradicts himself a little: "The people is moved only by its
passions."
What ought then the character of the legislator to be? The very
opposite, it seems to me, of the democratic legislator, for he ought to
be well informed and entirely devoid of prejudice.
He ought to be well informed, but his information should not consist
only of book learning, although an extensive legal knowledge is of the
greatest use, as it will prevent him from doing, as so often happens,
the exact opposite of what he intends to do. He should also understand
intimately the temperament and character of the people for whom he
legislates.
For a nation should only be given the laws and commandments that it can
tolerate, as Solon said: "I have given them the best laws that they
could endure," and the God of Israel said to the Jews: "I have given you
precepts which are not good," that is to say, they have only the
goodness which your wickedness will tolerate. "This is the sponge," says
Montesquieu, "which wipes out all the difficulties that can be raised
against the laws of Moses."
The legislator, then, ought to understand the temperament and genius of
the people because he has to frame its laws. As the Germans say, he
ought to be an expert on the psychology of races. Further, he ought to
understand the temperament, peculiarities and character of the people,
without sharing its temperament himself. For where the passions and
inclinations are concerned, experience is not knowledge. On the
contrary, experience prevents us from really knowing; and indeed one of
the conditions of knowledge is absence of an experience which may be
another word for bias.
The ideal legislator, or indeed any legislator worthy of the name, ought
to understand the general tendencies of his people, but he ought to be
able to view them from a position of detachment and to be able to
control them, because it is his business partly to satisfy and partly to
combat these tendencies.
Public-domain text, read in full here on John Shaqi.
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