Winterslow: Essays and Characters Written ThereHazlitt, William
General
Winterslow: Essays and Characters Written There
Hazlitt, William
English essays
The next question I asked myself was, what is law and the real and
necessary ground of civil government? The answer to this is found in
the former statement. _Law_ is something to abridge, or, more properly
speaking, to ascertain, the bounds of the original right, and to
coerce the will of individuals in the community. Whence, then, has the
community such a right? It can only arise in self-defence, or from the
necessity of maintaining the equal rights of every one, and of
opposing force to force in case of any violent and unwarrantable
infringement of them. Society consists of a given number of
individuals; and the aggregate right of government is only the
consequence of these inherent rights, balancing and neutralising one
another. How those who deny natural rights get at any sort of right,
divine or human, I am at a loss to discover; for whatever exists in
combination, exists beforehand in an elementary state. The world is
composed of atoms, and a machine cannot be made without materials.
First, then, it follows that law or government is not the mere
creature of a social compact, since each person has a certain right
which he is bound to defend against another without asking that
other's leave, or else the right would always be at the mercy of
whoever chose to invade it. There would be a right to do wrong, but
none to resist it. Thus I have a natural right to defend my life
against a murderer, without any mutual compact between us; hence
society has an aggregate right of the same kind, and to make a law to
that effect, forbidding and punishing murder. If there be no such
immediate value and attachment to life felt by the individual, and a
consequent justifiable determination to defend it, then the formal
pretension of society to vindicate a right, which, according to this
reasoning, has no existence in itself, must be founded on air, on a
word, or a lawyer's _ipse dixit_. Secondly, society, or government, as
such, has no right to trench upon the liberty or rights of the
individuals its members, except as these last are, as it were,
forfeited by interfering with and destroying one another, like
opposite mechanical forces or quantities in arithmetic. Put the basis
that each man's will is a sovereign law to itself: this can only hold
in society as long as he does not meddle with others; but so long as
he does not do this, the first principle retains its force, for there
is no other principle to impeach or overrule it. The will of society
is not a sufficient plea; since this is, or ought to be, made up of
the wills or rights of the individuals composing it, which by the
supposition remain entire, and consequently without power to act. The
good of society is not a sufficient plea, for individuals are only
bound (on compulsion) not to do it harm, or to be barely just:
benevolence and virtue are voluntary qualities. For instance, if two
persons are obliged to do all that is possible for the good of both,
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account