The History of Freedom, and Other EssaysActon, John Emerich Edward Dalberg Acton, Baron
Philosophy
The History of Freedom, and Other Essays
Acton, John Emerich Edward Dalberg Acton, Baron
History; History -- Philosophy; Liberty -- History
The philosophy that was then in the ascendant taught
them that there is no law superior to that of the State--the lawgiver is
above the law.
It followed that the sovereign people had a right to do whatever was
within its power, and was bound by no rule of right or wrong but its own
judgment of expediency. On a memorable occasion the assembled Athenians
declared it monstrous that they should be prevented from doing whatever
they chose. No force that existed could restrain them; and they resolved
that no duty should restrain them, and that they would be bound by no
laws that were not of their own making. In this way the emancipated
people of Athens became a tyrant; and their Government, the pioneer of
European freedom, stands condemned with a terrible unanimity by all the
wisest of the ancients. They ruined their city by attempting to conduct
war by debate in the marketplace. Like the French Republic, they put
their unsuccessful commanders to death. They treated their dependencies
with such injustice that they lost their maritime Empire. They plundered
the rich until the rich conspired with the public enemy, and they
crowned their guilt by the martyrdom of Socrates.
When the absolute sway of numbers had endured for near a quarter of a
century, nothing but bare existence was left for the State to lose; and
the Athenians, wearied and despondent, confessed the true cause of their
ruin. They understood that for liberty, justice, and equal laws, it is
as necessary that Democracy should restrain itself as it had been that
it should restrain the Oligarchy. They resolved to take their stand once
more upon the ancient ways, and to restore the order of things which had
subsisted when the monopoly of power had been taken from the rich and
had not been acquired by the poor. After a first restoration had failed,
which is only memorable because Thucydides, whose judgment in politics
is never at fault, pronounced it the best Government Athens had enjoyed,
the attempt was renewed with more experience and greater singleness of
purpose. The hostile parties were reconciled, and proclaimed an
amnesty, the first in history. They resolved to govern by concurrence.
The laws, which had the sanction of tradition, were reduced to a code;
and no act of the sovereign assembly was valid with which they might be
found to disagree. Between the sacred lines of the Constitution which
were to remain inviolate, and the decrees which met from time to time
the needs and notions of the day, a broad distinction was drawn; and the
fabric of a law which had been the work of generations was made
independent of momentary variations in the popular will. The repentance
of the Athenians came too late to save the Republic. But the lesson of
their experience endures for all times, for it teaches that government
by the whole people, being the government of the most numerous and most
powerful class, is an evil of the same nature as unmixed monarchy, and
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