The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
It is instructive, therefore, to note Bentham’s uncompromising
hostility to all the theories of philosophical jurists. The common
point of all their theories, from Hobbes and Grotius to Montesquieu
and Rousseau, not to mention Kant and his successors, has lain in the
fact that their authors divined under the forms of power and command,
exercised by some over others, a substantive and general element of
positive human nature, which they attempted to drag to light by one
analogy after another. But neither Montesquieu’s “eternal relations,”
nor the “Social Contract,” nor “General Will,” nor “Natural Rights”
of other thinkers find favour in Bentham’s eyes. One and all they
are to him fiction and fallacy. He can understand nothing in law but
the character of a command; he can see no positive relation of it to
human nature beyond the degree in which it dispenses with the pain of
restraint while increasing the pleasure of liberty.
To describe the magnificent success which {60} attended the use of
this rule of thumb in the practical work of reform does not fall
within our immediate subject. Our purpose was merely to illustrate
the paradox implied in the conception of self-government, by pointing
out how fundamentally hostile to one another Bentham took its
constituent elements to be.
3. The same point may be further insisted on by examining the main
ideas of Mill’s “Liberty,” without by any means professing to give
a full account of Mill’s opinions on the relation of individuals
to society. What indeed is instructive in his position, for our
immediate purpose, is that, having so deep a sense, as he has, of
social solidarity, he nevertheless treats the central life of the
individual as something to be carefully fenced round against the
impact of social forces.
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