Collectivism; Economic history; Great Britain -- Economic policy; Industrial policy; Social history; Socialism
In the same way the law may compel me, if I am a Riparian owner, to put up
a fence of statutory strength wherever the water of my river is of more
than a statutory depth. Now it cannot compel me to do this unless I am the
owner of the land. In a sense, therefore, this might be called the
recognition of my _Status_, because, by the nature of the case, only
landowners can be affected by the law, and landowners would be compelled by
it to safeguard the lives of all, whether they were or were not owners of
land.
But the category so established would be purely accidental. The object and
method of the law do not concern themselves with a distinction between
citizens.
A close observer might indeed discover certain points in the Factory laws,
details and phrases, which did distinctly connote the existence of a
Capitalist and of a Proletarian class. But we must take the statutes as a
whole and the order in which they were produced, above all, the general
motive and expressions governing each main statute, in order to judge
whether such examples of interference give us an origin or not.
The verdict will be that they do not. Such legislation may be oppressive in
any degree or necessary in any degree, but it does not establish status in
the place of contract, and it is not, therefore, servile.
Neither are those laws servile which in practice attach to the poor and not
to the rich. Compulsory education is in legal theory required of every
citizen for his children. The state of mind which goes with plutocracy
exempts of course all above a certain standard of wealth from this law. But
the law does apply to the universality of the commonwealth, and all
families resident in Great Britain (not in Ireland) are subject to its
provisions.
These are not origins. A true origin to the legislation I approach comes
later. The first example of servile legislation to be discovered upon the
Statute Book is that which establishes the present form of _Employer's
Liability_.
I am far from saying that that law was passed, as modern laws are beginning
to be passed, with the direct object of establishing a new status; though
it was passed with some consciousness on the part of the legislator that
such a new status was in existence as a social fact. Its motive was merely
humane, and the relief which it afforded seemed merely necessary at the
time; but it is an instructive example of the way in which a small neglect
of strict doctrine and a slight toleration of anomaly admit great changes
into the State.
There had existed from all time in every community, and there was founded
upon common sense, the legal doctrine that if one citizen was so placed
with regard to another by contract that he must in the fulfilment of that
contract perform certain services, and if those services accidentally
involved damages to a third party, not the actual perpetrator of the
damage, but he who designed the particular operation leading to it was
responsible.
Public-domain text, read in full here on John Shaqi.
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