The Unfinished Programme of DemocracyRoberts, Richard
Philosophy
The Unfinished Programme of Democracy
Roberts, Richard
Democracy; Social history
Upon the great majority of people it is imposed from
within—sometimes indeed by the fear of public opinion, but chiefly by a
more or less effective social sense. We are free from the law not
because we take care not to break it, but because a higher principle has
lifted us outside and beyond its bounds. Our righteousness truly exceeds
the righteousness of the Scribes and the Pharisees, that is, of the
legal mind; and that is because a higher principle of righteousness is
at work within us. This higher principle of righteousness is of course
no other than our own independent and energised sense of social
obligation. The degree to which it is effectual may and does vary in
different persons; but it is not to be questioned that democracy exists
because of the increasing efficiency of the inward sense of social
obligation in its members. Its further development is contingent upon
the measure in which this inner constraint supersedes coercive machinery
as the organ of social justice.
It is, of course, better for men to live under law than in anarchy. What
we have to understand concerning law and its machinery is that it is a
stage in the evolution of social order and in our education into true
freedom. At the same time it must not be forgotten that the law itself
may become a real hindrance to this process. Just because law is a
_definition_ of obligation, it tends to be regarded as fixing the
outmost limits of social duty; and whatsoever we do beyond these limits
ranks as work of supererogation. That is bad enough; but worse may
happen. One may suppose that outside these limits, any kind of conduct
is admissible; and law, despite its intention, may therefore arrest the
growth of the social sense. The social sense, that is, is expected to
operate up to frontier line defined by the law; beyond that point, it is
not called upon to act. We require to introduce into men’s minds a
different conception of law from that popularly current. It is the
office of the law to make itself superfluous; and its administration
requires not a superstitious veneration of its majesty or a pedantic
respect for its letter, but humanity and common sense. The law is
overmuch conceived as our gaoler; properly understood, it is, as St.
Paul said of the Mosaic Law, our “schoolmaster.” But so long as we talk
about “vindicating” the law more than reclaiming the offender—as the
legal mind is apt to do—so long will men tend to regard the law not as a
stepping-stone to higher things, but as an irksome restraint; and while
we indulge in tall talk about the majesty of the law, we make
law-abidingness “the law and the prophets,” and jeopardise our chance of
effecting that increasing enfranchisement of the social sense in which
alone is the hope of the democratic ideal.
Public-domain text, read in full here on John Shaqi.
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