FOOTNOTES:

FOOTNOTES:[2]In England "benefit of clergy" was still a good plea for remission of sentence for a number of crimes in the seventeenth century. At that time all who could read could claim benefit, which was therefore of the nature of a privilege for the educated class. The requirement of reading, which had become a form, was abolished in 1705, but peers and clerks in holy orders could still plead their clergy in the eighteenth century, and the last relics of the privilege were not finally abolished till the nineteenth century.[3]See an interesting chapter in Faguet'sLiberalisme, which points out that the common saying that thought is free is negated by any inquisition which compels a man to disclose opinions, and penalizes him if they are not such as to suit the inquisitor.

[2]In England "benefit of clergy" was still a good plea for remission of sentence for a number of crimes in the seventeenth century. At that time all who could read could claim benefit, which was therefore of the nature of a privilege for the educated class. The requirement of reading, which had become a form, was abolished in 1705, but peers and clerks in holy orders could still plead their clergy in the eighteenth century, and the last relics of the privilege were not finally abolished till the nineteenth century.

[3]See an interesting chapter in Faguet'sLiberalisme, which points out that the common saying that thought is free is negated by any inquisition which compels a man to disclose opinions, and penalizes him if they are not such as to suit the inquisitor.

Great changes are not caused by ideas alone; but they are not effected without ideas. The passions of men must be aroused if the frost of custom is to be broken or the chains of authority burst; but passion of itself is blind and its world is chaotic. To be effective men must act together, and to act together they must have a common understanding and a common object. When it comes to be a question of any far-reaching change, they must not merely conceive their own immediate end with clearness. They must convert others, they must communicate sympathy and win over the unconvinced. Upon the whole, they must show that their object is possible, that it is compatible with existing institutions, or at any rate with some workable form of social life. They are, in fact, driven on by the requirements of their position tothe elaboration of ideas, and in the end to some sort of social philosophy; and the philosophies that have driving force behind them are those which arise after this fashion out of the practical demands of human feeling. The philosophies that remain ineffectual and academic are those that are formed by abstract reflection without relation to the thirsty souls of human kind.

In England, it is true, where men are apt to be shy and unhandy in the region of theory, the Liberal movement has often sought to dispense with general principles. In its early days and in its more moderate forms, it sought its ends under the guise of constitutionalism. As against the claims of the Stuart monarchy, there was a historic case as well as a philosophic argument, and the earlier leaders of the Parliament relied more on precedent than on principle. This method was embodied in the Whig tradition, and runs on to our own time, as one of the elements that go to make up the working constitution of the Liberal mind. It is, so to say, the Conservative element in Liberalism, valuable in resistance to encroachments, valuable in securing continuity ofdevelopment, for purposes of re-construction insufficient. To maintain the old order under changed circumstances may be, in fact, to initiate a revolution. It was so in the seventeenth century. Pym and his followers could find justification for their contentions in our constitutional history, but to do so they had to go behind both the Stuarts and the Tudors; and to apply the principles of the fourteenth and fifteenth centuries in 1640 was, in effect, to institute a revolution. In our own time, to maintain the right of the Commons against the Lords is, on the face of it, to adhere to old constitutional right, but to do so under the new circumstances which have made the Commons representative of the nation as a whole is, in reality, to establish democracy for the first time on a firm footing, and this, again, is to accomplish a revolution.

Now, those who effect a revolution ought to know whither they are leading the world. They have need of a social theory—and in point of fact the more thorough-going apostles of movement always have such a theory; and though, as we have remarked, the theory emerges from the practical needs which they feel, and is therefore apt to invest ideas ofmerely temporary value with the character of eternal truths, it is not on this account to be dismissed as of secondary importance. Once formed, it reacts upon the minds of its adherents, and gives direction and unity to their efforts. It becomes, in its turn, a real historic force, and the degree of its coherence and adequacy is matter, not merely of academic interest, but of practical moment. Moreover, the onward course of a movement is more clearly understood by appreciating the successive points of view which its thinkers and statesmen have occupied than by following the devious turnings of political events and the tangle of party controversy. The point of view naturally affects the whole method of handling problems, whether speculative or practical, and to the historian it serves as a centre around which ideas and policies that perhaps differ, and even conflict with one another, may be so grouped as to show their underlying affinities. Let us then seek to determine the principal points of view which the Liberal movement has occupied, and distinguish the main types of theory in which the passion for freedom has sought to express itself.

The first of these types I will call the theory of the Natural Order.

The earlier Liberalism had to deal with authoritarian government in church and state. It had to vindicate the elements of personal, civil, and economic freedom; and in so doing it took its stand on the rights of man, and, in proportion as it was forced to be constructive, on the supposed harmony of the natural order. Government claimed supernatural sanction and divine ordinance. Liberal theory replied in effect that the rights of man rested on the law of Nature, and those of government on human institution. The oldest "institution" in this view was the individual, and the primordial society the natural grouping of human beings under the influence of family affection, and for the sake of mutual aid. Political society was a more artificial arrangement, a convention arrived at for the specific purpose of securing a better order and maintaining the common safety. It was, perhaps, as Locke held, founded on a contract between king and people, a contract which was brought to an end if either party violated its terms. Or, as in Rousseau's view, it was essentially a contract of the people with one another, anarrangement by means of which, out of many conflicting individual wills, a common or general will could be formed. A government might be instituted as the organ of this will, but it would, from the nature of the case, be subordinate to the people from whom it derived authority. The people were sovereign. The government was their delegate.

Whatever the differences of outlook that divide these theories, those who from Locke to Rousseau and Paine worked with this order of ideas agreed in conceiving political society as a restraint to which men voluntarily submitted themselves for specific purposes. Political institutions were the source of subjection and inequality. Before and behind them stood the assemblage of free and equal individuals. But the isolated individual was powerless. He had rights which were limited only by the corresponding rights of others, but he could not, unless chance gave him the upper hand, enforce them. Accordingly, he found it best to enter into an arrangement with others for the mutual respect of rights; and for this purpose he instituted a government to maintain his rights within the community and to guard the community from assaultfrom without. It followed that the function of government was limited and definable. It was to maintain the natural rights of man as accurately as the conditions of society allowed, and to do naught beside. Any further action employing the compulsory power of the State was of the nature of an infringement of the understanding on which government rested. In entering into the compact, the individual gave up so much of his rights as was necessitated by the condition of submitting to a common rule—so much, and no more. He gave up his natural rights and received in return civil rights, something less complete, perhaps, but more effective as resting on the guarantee of the collective power. If you would discover, then, what the civil rights of man in society should be, you must inquire what are the natural rights of man,[4]and how far they are unavoidably modified in accommodating the conflictingclaims of men with one another. Any interference that goes beyond this necessary accommodation is oppression. Civil rights should agree as nearly as possible with natural rights, or, as Paine says, a civil right is a natural right exchanged.

This conception of the relations of the State and the individual long outlived the theory on which it rested. It underlies the entire teaching of the Manchester school. Its spirit was absorbed, as we shall see, by many of the Utilitarians. It operated, though in diminishing force, throughout the nineteenth century; and it is strongly held by contemporary Liberals like M. Faguet, who frankly abrogate its speculative foundations and rest their case on social utility. Its strength is, in effect, not in its logical principles, but in the compactness and consistency which it gives to a view of the functions of the State which responds to certain needs of modern society. As long as those needs were uppermost, the theory was of living value. In proportion as they have been satisfied and other needs have emerged, the requirement has arisen for a fuller and sounder principle.

But there was another side to the theoryof nature which we must not ignore. If in this theory government is the marplot and authority the source of oppression and stagnation, where are the springs of progress and civilization? Clearly, in the action of individuals. The more the individual receives free scope for the play of his faculties, the more rapidly will society as a whole advance. There are here the elements of an important truth, but what is the implication? If the individual is free, any two individuals, each pursuing his own ends, may find themselves in conflict. It was, in fact, the possibility of such conflict which was recognized by our theory as the origin and foundation of society. Men had to agree to some measure of mutual restraint in order that their liberty might be effective. But in the course of the eighteenth century, and particularly in the economic sphere, there arose a view that the conflict of wills is based on misunderstanding and ignorance, and that its mischiefs are accentuated by governmental repression. At bottom there is a natural harmony of interests. Maintain external order, suppress violence, assure men in the possession of their property, and enforce the fulfilment of contracts, and the rest will goof itself. Each man will be guided by self-interest, but interest will lead him along the lines of greatest productivity. If all artificial barriers are removed, he will find the occupation which best suits his capacities, and this will be the occupation in which he will be most productive, and therefore, socially, most valuable. He will have to sell his goods to a willing purchaser, therefore he must devote himself to the production of things which others need, things, therefore, of social value. He will, by preference, make that for which he can obtain the highest price, and this will be that for which, at the particular time and place and in relation to his particular capacities, there is the greatest need. He will, again, find the employer who will pay him best, and that will be the employer to whom he can do the best service. Self-interest, if enlightened and unfettered, will, in short, lead him to conduct coincident with public interest. There is, in this sense, a natural harmony between the individual and society. True, this harmony might require a certain amount of education and enlightenment to make it effective. What it did not require was governmental "interference," which would always hamper thecauses making for its smooth and effectual operation. Government must keep the ring, and leave it for individuals to play out the game. The theory of the natural rights of the individual is thus supplemented by a theory of the mutual harmony of individual and social needs, and, so completed, forms a conception of human society which isprimâ facieworkable, which, in fact, contains important elements of truth, and which was responsive to the needs of a great class, and to many of the requirements of society as a whole, during a considerable period.

On both sides, however, the theory exhibits, under criticism, fundamental weaknesses which have both a historical and a speculative significance. Let us first consider the conception of natural rights. What were these rights, and on what did they rest? On the first point men sought to be explicit. By way of illustration we cannot do better than quote the leading clauses of the Declaration of 1789.[5]

Article I.—Men are born and remain free and equal in rights. Social distinctions can only be founded on common utility.

Article II.—The end of every political association is the conservation of the natural and imprescriptible rights of man.[6]These rights are liberty, property, security (la sûreté), and resistance to oppression.

Article III.—The principle of all sovereignty resides essentially in the nation....

Article IV.—Liberty consists in the power to do anything that does not injure others; thus, the exercise of the natural rights of every man has only such limits as assure to other members of society the enjoyment of the same rights. These limits can only be determined by law.

Article VI.—The law is the expression of the general will. All citizens have a right to take part (concourir), personally or by their representatives, in its formation.

The remainder of this article insists on the impartiality of law and the equal admission of all citizens to office. The Declaration of1793 is more emphatic about equality, and more rhetorical. Article III reads, "All men are equal by nature and before the law."

It is easy to subject these articles to a niggling form of criticism in which their spirit is altogether missed. I would ask attention only to one or two points of principle.

(a) What are the rights actually claimed? "Security" and "resistance to oppression" are not in principle distinct, and, moreover, may be taken as covered by the definition of liberty. The meaning at bottom is "Security for liberty in respect of his person and property is the right of every man." So expressed, it will be seen that this right postulates the existence of an ordered society, and lays down that it is the duty of such a society to secure the liberty of its members. The right of the individual, then, is not something independent of society, but one of the principles which a good social order must recognize.

(b) Observe that equality is limited by the "common utility," and that the sphere of liberty is ultimately to be defined by "law." In both cases we are referred back from the individual either to the needs or to the decision of society as a whole. There are, moreover,two definitions of liberty. (1) It is the power to do what does not injure others. (2) It is a right limited by the consideration that others must enjoy the same rights. It is important to bear in mind that these two definitions are highly discrepant. If my right to knock a man down is only limited by his equal right to knock me down, the law has no business to interfere when we take to our fists. If, on the other hand, I have no right to injure another, the law should interfere. Very little reflection suffices to show that this is the sounder principle, and that respect for the equal liberty of another is not an adequate definition of liberty. My right to keep my neighbour awake by playing the piano all night is not satisfactorily counterbalanced by his right to keep a dog which howls all the time the piano is being played. The right of a "sweater" to pay starvation wages is not satisfactorily limited by the corresponding right which his employee would enjoy if he were in a position to impose the same terms on some one else. Generally, the right to injure or take advantage of another is not sufficiently limited by the right of that other if he should have the power to retaliate in kind. There isno right to injure another; and if we ask what is injury we are again thrown back on some general principle which will override the individual claim to do what one will.

(c) The doctrine of popular sovereignty rests on two principles. (1) It is said to reside in the nation. Law is the expression of the general will. Here the "nation" is conceived as a collective whole, as a unit. (2) Every citizen has the right to take part in making the law. Here the question is one of individual right. Which is the real ground of democratic representation—the unity of the national life, or the inherent right of the individual to be consulted about that which concerns himself?

Further, and this is a very serious question, which is the ultimate authority—the will of the nation, or the rights of the individual? Suppose the nation deliberately decides on laws which deny the rights of the individual, ought such laws to be obeyed in the name of popular sovereignty, or to be disobeyed in the name of natural rights? It is a real issue, and on these lines it is unfortunately quite insoluble.

These difficulties were among theconsiderations which led to the formation of the second type of Liberal theory, and what has to be said about the harmony of the natural order may be taken in conjunction with this second theory to which we may now pass, and which is famous as The Greatest Happiness Principle.

Bentham, who spent the greater part of his life in elaborating the greatest happiness principle as a basis of social reconstruction, was fully alive to the difficulties which we have found in the theory of natural rights. The alleged rights of man were for him so many anarchical fallacies. They were founded on no clearly assignable principle, and admitted of no demonstration. "I say I have a right." "I say you have no such right." Between the disputants who or what is to decide? What was the supposed law of nature? When was it written, and by whose authority? On what ground do we maintain that men are free or equal? On what principle and within what limits do we or can we maintain the right of property? There were points on which, by universal admission, all these rights have to give way. What is the right of property worth in timesof war or of any overwhelming general need? The Declaration itself recognized the need of appeal to common utility or to the law to define the limits of individual right. Bentham would frankly make all rights dependent on common utility, and therewith he would make it possible to examine all conflicting claims in the light of a general principle. He would measure them all by a common standard. Has a man the right to express his opinion freely? To determine the question on Bentham's lines we must ask whether it is, on the whole, useful to society that the free expression of opinion should be allowed, and this, he would say, is a question which may be decided by general reasoning and by experience of results. Of course, we must take the rough with the smooth. If the free expression of opinion is allowed, false opinion will find utterance and will mislead many. The question would be, does the loss involved in the promulgation of error counterbalance the gain to be derived from unfettered discussion? and Bentham would hold himself free to judge by results. Should the State maintain the rights of private property? Yes, if the admission of those rights is useful to the community as a whole.No, if it is not useful. Some rights of property, again, may be advantageous, others disadvantageous. The community is free to make a selection. If it finds that certain forms of property are working to the exclusive benefit of individuals and the prejudice of the common weal, it has good ground for the suppression of those forms of property, while it may, with equal justice, maintain other forms of property which it holds sound as judged by the effect on the common welfare. It is limited by no "imprescriptible" right of the individual. It may do with the individual what it pleases provided that it has the good of the whole in view. So far as the question of right is concerned the Benthamite principle might be regarded as decidedly socialistic or even authoritarian. It contemplates, at least as a possibility, the complete subordination of individual to social claims.

There is, however, another side to the Benthamite principle, to understand which we must state the heads of the theory itself as a positive doctrine. What is this social utility of which we have spoken? In what does it consist? What is useful to society, and what harmful? The answer has themerit of great clearness and simplicity. An action is good which tends to promote the greatest possible happiness of the greatest possible number of those affected by it. As with an action, so, of course, with an institution or a social system. That is useful which conforms to this principle. That is harmful which conflicts with it. That is right which conforms to it, that is wrong which conflicts with it. The greatest happiness principle is the one and supreme principle of conduct. Observe that it imposes on us two considerations. One is thegreatesthappiness. Now happiness is defined as consisting positively in the presence of pleasure, negatively in the absence of pain. A greater pleasure is then preferable to a lesser, a pleasure unaccompanied by pain to one involving pain. Conceiving pain as a minus quantity of pleasure, we may say that the principle requires us always to take quantity and pleasure into account, and nothing else. But, secondly, thenumberof individuals affected is material. An act might cause pleasure to one and pain to two. Then it is wrong, unless, indeed, the pleasure were very great and the pain in each case small. We must balance the consequences, taking all individualsaffected into account, and "everybody must count for one and nobody for more than one." This comment is an integral part of the original formula. As between the happiness of his father, his child, or himself, and the happiness of a stranger, a man must be impartial. He must only consider the quantity of pleasure secured or pain inflicted.

Now, in this conception of measurable quantities of pleasure and pain there is, as many critics have insisted, something unreal and academic. We shall have to return to the point, but let us first endeavour to understand the bearing of Bentham's teaching on the problems of his own time and on the subsequent development of Liberal thought. For this purpose we will keep to what is real in his doctrine, even if it is not always defined with academic precision. The salient points that we note, then, are (1) the subordination of all considerations of right to the considerations of happiness, (2) the importance of number, and (3) as the other side of the same doctrine, the insistence on equality or impartiality between man and man. The common utility which Bentham considers is the happiness experienced by a number ofindividuals, all of whom are reckoned for this purpose as of equal value. This is the radical individualism of the Benthamite creed, to be set against that socialistic tendency which struck us in our preliminary account.

In this individualism, equality is fundamental. Everybody is to count for one, nobody for more than one, for every one can feel pain and pleasure. Liberty, on the other hand, is not fundamental, it is a means to an end. Popular sovereignty is not fundamental, for all government is a means to an end. Nevertheless, the school of Bentham, upon the whole, stood by both liberty and democracy. Let us consider their attitude.

As to popular government, Bentham and James Mill reasoned after this fashion. Men, if left to themselves, that is to say, if neither trained by an educational discipline nor checked by responsibility, do not consider the good of the greatest number. They consider their own good. A king, if his power is unchecked, will rule in his own interest. A class, if its power is unchecked, will rule in its own interest. The only way to secure fair consideration for the happiness of all is to allow to all an equal share of power. True, if thereis a conflict the majority will prevail, but they will be moved each by consideration of his own happiness, and the majority as a whole, therefore, by the happiness of the greater number. There is no inherent right in the individual to take a part in government. There is a claim to be considered in the distribution of the means of happiness, and to share in the work of government as a means to this end. It would follow, among other things, that if one man or one class could be shown to be so much wiser and better than others that his or their rule would, in fact, conduce more to the happiness of the greater number than a popular system, then the business of government ought to be entrusted to that man or that class and no one else ought to interfere with it.

The whole argument, however, implies a crude view of the problem of government. It is, of course, theoretically possible that a question should present itself, detached from other questions, in which a definite measurable interest of each of the seven millions or more of voters is at stake. For example, the great majority of English people drink tea. Comparatively few drink wine. Should a particularsum be raised by a duty on tea or on wine? Here the majority of tea-drinkers have a measurable interest, the same in kind and roughly the same in degree for each; and the vote of the majority, if it could be taken on this question alone and based on self-interest alone, might be conceived without absurdity as representing a sum of individual interests. Even here, however, observe that, though the greatest number is considered, the greatest happiness does not fare so well. For to raise the same sum the tax on wine will, as less is drunk, have to be much larger than the tax on tea, so that a little gain to many tea-drinkers might inflict a heavy loss on the few wine-drinkers, and on the Benthamite principle it is not clear that this would be just. In point of fact it is possible for a majority to act tyrannically, by insisting on a slight convenience to itself at the expense, perhaps, of real suffering to a minority. Now the Utilitarian principle by no means justifies such tyranny, but it does seem to contemplate the weighing of one man's loss against another's gain, and such a method of balancing does not at bottom commend itself to our sense of justice. We may lay down that if there is arational social order at all it must be one which never rests the essential indispensable condition of the happiness of one man on the unavoidable misery of another, nor the happiness of forty millions of men on the misery of one. It may be temporarily expedient, but it is eternally unjust, that one man should die for the people.

We may go further. The case of the contemplated tax is, as applied to the politics of a modern State, an unreal one. Political questions cannot be thus isolated. Even if we could vote by referendum on a special tax, the question which voters would have to consider would never be the revenue from and the incidence of that tax alone. All the indirect social and economic bearings of the tax would come up for consideration, and in the illustration chosen people would be swayed, and rightly swayed, by their opinion, for example, of the comparative effects of tea-drinking and wine-drinking. No one element of the social life stands separate from the rest, any more than any one element of the animal body stands separate from the rest. In this sense the life of society is rightly held to be organic, and all considered public policymust be conceived in its bearing on the life of society as a whole. But the moment that we apply this view to politics, the Benthamite mode of stating the case for democracy is seen to be insufficient. The interests of every man are no doubt in the end bound up with the welfare of the whole community, but the relation is infinitely subtle and indirect. Moreover, it takes time to work itself out, and the evil that is done in the present day may only bear fruit when the generation that has done it has passed away. Thus, the direct and calculable benefit of the majority may by no means coincide with the ultimate good of society as a whole; and to suppose that the majority must, on grounds of self-interest, govern in the interests of the community as a whole is in reality to attribute to the mass of men full insight into problems which tax the highest efforts of science and of statesmanship. Lastly, to suppose that men are governed entirely by a sense of their interests is a many-sided fallacy. Men are neither so intelligent nor so selfish. They are swayed by emotion and by impulse, and both for good and for evil they will lend enthusiastic support to courses of public policy from which,as individuals, they have nothing to gain. To understand the real value of democratic government, we shall have to probe far deeper into the relations of the individual and society.

I turn lastly to the question of liberty. On Benthamite principles there could be no question here of indefeasible individual right. There were even, as we saw, possibilities of a thorough-going Socialism or of an authoritarian paternalism in the Benthamite principle. But two great considerations told in the opposite direction. One arose from the circumstances of the day. Bentham, originally a man of somewhat conservative temper, was driven into Radicalism comparatively late in life by the indifference or hostility of the governing classes to his schemes of reform. Government, as he saw it, was of the nature of a close corporation with a vested interest hostile to the public weal, and his work is penetrated by distrust of power as such. There was much in the history of the time to justify his attitude. It was difficult at that time to believe in an honest officialdom putting the commonwealth above every personal or corporate interest, and reformers naturally lookedto individual initiative as the source of progress. Secondly, and this was a more philosophic argument, the individual was supposed to understand his own interest best, and as the common good was the sum of individual interests, it followed that so far as every man was free to seek his own good, the good of the greatest number would be most effectually realized by general freedom of choice. That there were difficulties in reconciling self-interest with the general good was not denied. But men like James Mill, who especially worked at this side of the problem, held that they could be overcome by moral education. Trained from childhood to associate the good of others with his own, a man would come, he thought, to care for the happiness of others as for the happiness of self. For, in the long run, the two things were coincident. Particularly in a free economic system, as remarked above, each individual, moving along the line of greatest personal profit, would be found to fulfil the function of greatest profit to society. Let this be understood, and we should have true social harmony based on the spontaneous operation of personal interest enlightened by intelligenceand chastened by the discipline of unruly instinct.

Thus, though their starting-point was different, the Benthamites arrived at practical results not notably divergent from those of the doctrine of natural liberty; and, on the whole, the two influences worked together in the formation of that school who in the reform period exercised so notable an influence on English Liberalism, and to whose work we must now turn.

FOOTNOTES:[4]Cf.the preamble to the Declaration of the Rights of Man by the French National Assembly in 1789. The Assembly lays down "the natural, inalienable, and sacred rights of man," in order, among other things, "that the acts of the legislative power and those of the executive power, being capable of being at every instant compared with the end of every political institution, may be more respected accordingly."[5]The comparison of the Declaration of the Assembly in 1789 with that of the Convention in 1793 is full of interest, both for the points of agreement and difference, but would require a lengthy examination. I note one or two points in passing.[6]Contrast 1793, Art. I: "The end of society is the common happiness. Government is instituted to guarantee to man the enjoyment of his natural and imprescriptible rights."

[4]Cf.the preamble to the Declaration of the Rights of Man by the French National Assembly in 1789. The Assembly lays down "the natural, inalienable, and sacred rights of man," in order, among other things, "that the acts of the legislative power and those of the executive power, being capable of being at every instant compared with the end of every political institution, may be more respected accordingly."

[5]The comparison of the Declaration of the Assembly in 1789 with that of the Convention in 1793 is full of interest, both for the points of agreement and difference, but would require a lengthy examination. I note one or two points in passing.

[6]Contrast 1793, Art. I: "The end of society is the common happiness. Government is instituted to guarantee to man the enjoyment of his natural and imprescriptible rights."

The school of Cobden is affiliated in general outlook both to the doctrine of natural liberty and to the discipline of Bentham. It shared with the Benthamites the thoroughly practical attitude dear to the English mind. It has much less to say of natural rights than the French theorists. On the other hand, it is saturated with the conviction that the unfettered action of the individual is the mainspring of all progress.[7]Its starting-point is economic. Trade is still in fetters. The worst of the archaic internal restrictions have,indeed, been thrown off. But even here Cobden is active in the work of finally emancipating Manchester from manorial rights that have no place in the nineteenth century. The main work, however, is the liberation of foreign trade. The Corn Laws, as even the tariff reformers of our own day admit, were conceived in the interest of the governing classes. They frankly imposed a tax on the food of the masses for the benefit of the landlords, and as the result of the agricultural and industrial revolutions which had been in progress since 1760, the masses had been brought to the lowest point of economic misery. Give to every man the right to buy in the cheapest and sell in the dearest market, urged the Cobdenite, and trade would automatically expand. The business career would be open to the talents. The good workman would command the full money's worth of his work, and his money would buy him food and clothing at the lowest rate in the world's market. Only so would he get the full value of his work, paying toll to none. Taxes there must be to carry on government, but if we looked into the cost of government we found that it depended mostly onarmaments. Why did we need armaments? First, because of the national antagonisms aroused and maintained by a protective system. Free commercial intercourse between nations would engender mutual knowledge, and knit the severed peoples by countless ties of business interests. Free Trade meant peace, and once taught by the example of Great Britain's prosperity, other nations would follow suit, and Free Trade would be universal. The other root of national danger was the principle of intervention. We took it on ourselves to set other nations right. How could we judge for other nations? Force was no remedy. Let every people be free to work out its own salvation. Things were not so perfect with us that we need go about setting the houses of other people in order. To complete personal freedom, there must be national freedom. There must also be colonial freedom. The colonies could no longer be governed in the interests of the mother country, nor ought they to require standing garrisons maintained by the mother country. They were distant lands, each, if we gave it freedom, with a great future of its own, capable of protecting itself, and developing with freedom into true nationhood.Personal freedom, colonial freedom, international freedom, were parts of one whole. Non-intervention, peace, restriction of armaments, retrenchment of expenditure, reduction of taxation, were the connected series of practical consequences. The money retrenched from wasteful military expenditure need not all be remitted to the taxpayer. A fraction of it devoted to education—free, secular, and universal—would do as much good as when spent on guns and ships it did harm. For education was necessary to raise the standard of intelligence, and provide the substantial equality of opportunity at the start without which the mass of men could not make use of the freedom given by the removal of legislative restrictions. There were here elements of a more constructive view for which Cobden and his friends have not always received sufficient credit.

In the main, however, the teaching of the Manchester school tended both in external and in internal affairs to a restricted view of the function of government. Government had to maintain order, to restrain men from violence and fraud, to hold them secure in person and property against foreign and domestic enemies, to give them redress against injury, that so they may rely on reaping where they have sown, may enjoy the fruits of their industry, may enter unimpeded into what arrangements they will with one another for their mutual benefit. Let us see what criticism was passed on this view by the contemporaries of Cobden and by the loud voice of the facts themselves. The old economic régime had been in decay throughout the eighteenth century. The divorce of the labourer from the land was complete at the time when the Anti-Corn Law League was formed. The mass of the English peasantry were landless labourers working for a weekly wage of about ten or twelve shillings, and often for a good deal less. The rise of machine industry since 1760 had destroyed the old domestic system and reduced the operative in the towns to the position of a factory hand under an employer, who found the road to wealth easy in the monopoly of manufacture enjoyed by this country for two generations after the Napoleonic war. The factory system early brought matters to a head at one point by the systematic employment of women and young children under conditions whichoutraged the public conscience when they became known. In the case of children it was admitted from an early date, it was urged by Cobden himself, that the principle of free contract could not apply. Admitting, for the sake of argument, that the adult could make a better bargain for himself or herself than any one could do for him or her, no one could contend that the pauper child apprenticed by Poor Law guardians to a manufacturer had any say or could have any judgment as to the work which it was set to do. It had to be protected, and experience showed that it had to be protected by law. Free contract did not solve the question of the helpless child. It left it to be "exploited" by the employer in his own interest, and whatever regard might be shown for its health and well-being by individuals was a matter of individual benevolence, not a right secured by the necessary operation of the system of liberty.

But these arguments admitted of great extension. If the child was helpless, was the grown-up person, man or woman, in a much better position? Here was the owner of a mill employing five hundredhands. Here was an operative possessed of no alternative means of subsistence seeking employment. Suppose them to bargain as to terms. If the bargain failed, the employer lost one man and had four hundred and ninety-nine to keep his mill going. At worst he might for a day or two, until another operative appeared, have a little difficulty in working a single machine. During the same days the operative might have nothing to eat, and might see his children going hungry. Where was the effective liberty in such an arrangement? The operatives themselves speedily found that there was none, and had from an early period in the rise of the machine industry sought to redress the balance by combination. Now, combination was naturally disliked by employers, and it was strongly suspect to believers in liberty because it put constraint upon individuals. Yet trade unions gained the first step in emancipation through the action of Place and the Radicals in 1824, more perhaps because these men conceived trade unions as the response of labour to oppressive laws which true freedom of competition would render superfluous than because they founded any serious hopes ofpermanent social progress upon Trade Unionism itself. In point of fact, the critical attitude was not without its justification. Trade Unionism can be protective in spirit and oppressive in action. Nevertheless, it was essential to the maintenance of their industrial standard by the artisan classes, because it alone, in the absence of drastic legislative protection, could do something to redress the inequality between employer and employed. It gave, upon the whole, far more freedom to the workman than it took away, and in this we learn an important lesson which has far wider application. In the matter of contract true freedom postulates substantial equality between the parties. In proportion as one party is in a position of vantage, he is able to dictate his terms. In proportion as the other party is in a weak position, he must accept unfavourable terms. Hence the truth of Walker's dictum that economic injuries tend to perpetuate themselves. The more a class is brought low, the greater its difficulty in rising again without assistance. For purposes of legislation the State has been exceedingly slow to accept this view. It began, as we saw, with the child,where the case was overwhelming. It went on to include the "young person" and the woman—not without criticism from those who held by woman's rights, and saw in this extension of tutelage an enlargement of male domination. Be that as it may, public opinion was brought to this point by the belief that it was intervening in an exceptional manner to protect a definite class not strong enough to bargain for itself. It drew the line at the adult male; and it is only within our own time, and as the result of a controversy waged for many years within the trade union world itself, that legislation has avowedly undertaken the task of controlling the conditions of industry, the hours, and at length, through the institution of Wages Boards in "sweated industries," the actual remuneration of working people without limitation of age or sex. To this it has been driven by the manifest teaching of experience that liberty without equality is a name of noble sound and squalid result.

In place of the system of unfettered agreements between individual and individual which the school of Cobden contemplated, the industrial system which has actually grownup and is in process of further development rests on conditions prescribed by the State, and within the limits of those conditions is very largely governed by collective arrangements between associations of employers and employed. The law provides for the safety of the worker and the sanitary conditions of employment. It prescribes the length of the working day for women and children in factories and workshops, and for men in mines and on railways.[8]In the future it will probably deal freely with the hours of men. It enables wages boards to establish a legal minimum wage in scheduled industries which will undoubtedly grow in number. It makes employers liable for all injuries suffered by operatives in the course of their employment, and forbids any one to "contract out" of this obligation. Within these limits, it allows freedom of contract. But at this point, in the more highly developed trades, the work is taken up by voluntary associations. Combinations of men have been met by combinations of employers, and wages, hours, and allthe details of the industrial bargain are settled by collective agreement through the agency of a joint board with an impartial chairman or referee in case of necessity for an entire locality and even an entire trade. So far have we gone from the free competition of isolated individuals.

This development is sometimes held to have involved the decay and death of the older Liberalism. It is true that in the beginning factory legislation enjoyed a large measure of Conservative support. It was at that stage in accordance with the best traditions of paternal rule, and it commended itself to the religious convictions of men of whom Lord Shaftesbury was the typical example. It is true, also, that it was bitterly opposed by Cobden and Bright. On the other hand, Radicals like J. Cam Hobhouse took a leading part in the earlier legislation, and Whig Governments passed the very important Acts of 1833 and 1847. The cleavage of opinion, in fact, cut across the ordinary divisions of party. What is more to the purpose is that, as experience ripened, the implications of the new legislation became clearer, and men came to see that by industrial control they were not destroyingliberty but confirming it. A new and more concrete conception of liberty arose and many old presuppositions were challenged.

Let us look for a moment at these presuppositions. We have seen that the theory oflaissez-faireassumed that the State would hold the ring. That is to say, it would suppress force and fraud, keep property safe, and aid men in enforcing contracts. On these conditions, it was maintained, men should be absolutely free to compete with one another, so that their best energies should be called forth, so that each should feel himself responsible for the guidance of his own life, and exert his manhood to the utmost. But why, it might be asked, on these conditions, just these and no others? Why should the State ensure protection of person and property? The time was when the strong man armed kept his goods, and incidentally his neighbour's goods too if he could get hold of them. Why should the State intervene to do for a man that which his ancestor did for himself? Why should a man who has been soundly beaten in physical fight go to a public authority for redress? How much more manly to fight his own battle! Was it not a kind of pauperizationto make men secure in person and property through no efforts of their own, by the agency of a state machinery operating over their heads? Would not a really consistent individualism abolish this machinery? "But," the advocate oflaissez-fairemay reply, "the use of force is criminal, and the State must suppress crime." So men held in the nineteenth century. But there was an earlier time when they did not take this view, but left it to individuals and their kinsfolk to revenge their own injuries by their own might. Was not this a time of more unrestricted individual liberty? Yet the nineteenth century regarded it, and justly, as an age of barbarism. What, we may ask in our turn, is the essence of crime? May we not say that any intentional injury to another may be legitimately punished by a public authority, and may we not say that to impose twelve hours' daily labour on a child was to inflict a greater injury than the theft of a purse for which a century ago a man might be hanged? On what principle, then, is the line drawn, so as to specify certain injuries which the State may prohibit and to mark off others which it must leave untouched? Well, it may be said,volenti non fit injuria.No wrong is done to a man by a bargain to which he is a willing party. That may be, though there are doubtful cases. But in the field that has been in question the contention is that one party is not willing. The bargain is a forced bargain. The weaker man consents as one slipping over a precipice might consent to give all his fortune to one who will throw him a rope on no other terms. This is not true consent. True consent is free consent, and full freedom of consent implies equality on the part of both parties to the bargain. Just as government first secured the elements of freedom for all when it prevented the physically stronger man from slaying, beating, despoiling his neighbours, so it secures a larger measure of freedom for all by every restriction which it imposes with a view to preventing one man from making use of any of his advantages to the disadvantage of others.

There emerges a distinction between unsocial and social freedom. Unsocial freedom is the right of a man to use his powers without regard to the wishes or interests of any one but himself. Such freedom is theoretically possible for an individual. It is antithetic to all public control. It istheoretically impossible for a plurality of individuals living in mutual contact. Socially it is a contradiction, unless the desires of all men were automatically attuned to social ends. Social freedom, then, for any epoch short of the millennium rests on restraint. It is a freedom that can be enjoyed by all the members of a community, and it is the freedom to choose among those lines of activity which do not involve injury to others. As experience of the social effects of action ripens, and as the social conscience is awakened, the conception of injury is widened and insight into its causes is deepened. The area of restraint is therefore increased. But, inasmuch as injury inflicted is itself crippling to the sufferer, as it lowers his health, confines his life, cramps his powers, so the prevention of such injury sets him free. The restraint of the aggressor is the freedom of the sufferer, and only by restraint on the actions by which men injure one another do they as a whole community gain freedom in all courses of conduct that can be pursued without ultimate social disharmony.

It is, therefore, a very shallow wit that taunts contemporary Liberalism with inconsistencyin opposing economic protection while it supports protective legislation for the manual labourer. The two things have nothing in common but that they are restraints intended to operate in the interests of somebody. The one is a restraint which, in the Liberal view, would operate in favour of certain industries and interests to the prejudice of others, and, on the whole, in favour of those who are already more fortunately placed and against the poorer classes. The other is a restraint conceived in the interest primarily of the poorer classes with the object of securing to them a more effective freedom and a nearer approach to equality of conditions in industrial relations. There is point in the argument only for those who conceive liberty as opposed to restraint as such. For those who understand that all social liberty rests upon restraint, that restraint of one man in one respect is the condition of the freedom of other men in that respect, the taunt has no meaning whatever. The liberty which is good is not the liberty of one gained at the expense of others, but the liberty which can be enjoyed by all who dwell together, and this liberty depends on and is measured by the completeness withwhich by law, custom, or their own feelings they are restrained from mutual injury.

Individualism, as ordinarily understood, not only takes the policeman and the law court for granted. It also takes the rights of property for granted. But what is meant by the rights of property? In ordinary use the phrase means just that system to which long usage has accustomed us. This is a system under which a man is free to acquire by any method of production or exchange within the limits of the law whatever he can of land, consumable goods, or capital; to dispose of it at his own will and pleasure for his own purposes, to destroy it if he likes, to give it away or sell it as it suits him, and at death to bequeath it to whomsoever he will. The State, it is admitted, can take a part of a man's property by taxation. For the State is a necessity, and men must pay a price for security; but in all taxation the State on this view is taking something from a man which is "his," and in so doing is justified only by necessity. It has no "right" to deprive the individual of anything that is his in order to promote objects of its own which are not necessary to the common order.To do so is to infringe individual rights and make a man contribute by force to objects which he may view with indifference or even with dislike. "Socialistic" taxation is an infringement of individual freedom, the freedom to hold one's own and do as one will with one's own. Such seems to be the ordinary view.

But a consistent theory of liberty could not rest wholly satisfied with the actual system under which property is held. The first point of attack, already pressed by the disciples of Cobden, was the barrier to free exchange in the matter of land. It was not and still is not easy for the landless to acquire land, and in the name of free contract Cobden and his disciples pressed for cheap and unimpeded transfer. But a more searching criticism was possible. Land is limited in amount, certain kinds of land very narrowly limited. Where there is limitation of supply monopoly is always possible, and against monopoly the principles of free competition declared war. To Cobden himself, free trade in land was the pendant to free trade in goods. But the attack on the land monopoly could be carried much further, and might lead the individualistwho was in earnest about his principles to march a certain distance on parallel lines with the Socialist enemy. This has, in fact, occurred in the school of Henry George. This school holds by competition, but by competition only on the basis of a genuine freedom and equality for all individuals. To secure this basis, it would purge the social system of all elements of monopoly, of which the private ownership of land is in its view the most important. This object, it maintains, can be secured only through the absorption by the State of all elements of monopoly value. Now, monopoly value accrues whenever anything of worth to men of which the supply is limited falls into private hands. In this case competition fails. There is no check upon the owner except the limitations of demand. He can exact a price which bears no necessary relation to the cost of any effort of his own. In addition to normal wages and profits, he can extract from the necessities of others a surplus, to which the name of economic rent is given. He can also hold up his property and refuse to allow others to make use of it until the time when its full value has accrued, thereby increasing the rent which he willultimately receive at the cost of much loss in the interim to society.

Monopolies in our country fall into three classes. There is, first, the monopoly of land. Urban rents, for example, represent not merely the cost of building, nor the cost of building plus the site, as it would be if sites of the kind required were unlimited in amount. They represent the cost of a site where the supply falls short of the demand, that is to say, where there is an element of monopoly. And site value—the element in the actual cost of a house or factory that depends on its position—varies directly with the degree of this monopoly. This value the land nationalizer contends is not created by the owner. It is created by society. In part it is due to the general growth of the country to which the increase of population and the rise of town life is to be attributed. In part it depends on the growth of the particular locality, and in part on the direct expenditure of the ratepayers' money in sanitation and other improvements which make the place one where people can live and industry can thrive. Directly and indirectly, the community creates the site value. The landlord receives it, and,receiving it, can charge any one who wants to live or carry on industry upon the site with rent to the full amount. The land-nationalizer, looking at rights of property purely from the point of view of the individual, denies the justice of this arrangement, and he sees no solution except this—that the monopoly value should pass back to the community which creates it. Accordingly, he favours the taxation of site value to its full amount. Another element of monopoly arises from industries in which competition is inapplicable—the supply of gas and water, for example, a tramway service, and in some conditions a railway service. Here competition may be wasteful if not altogether impossible; and here again, on the lines of a strictly consistent individualism, if the industry is allowed to fall into private hands the owners will be able to secure something more than the normal profits of competitive industry. They will profit by monopoly at the expense of the general consumer, and the remedy is public control or public ownership. The latter is the more complete and efficacious remedy, and it is also the remedy of municipal socialism. Lastly, there may be forms of monopoly created bythe State, such as the sale of liquor as restricted by the licensing system. In accordance with competitive ideas the value so created ought not to pass into private hands, and if on social grounds the monopoly is maintained, the taxation of licensed premises ought to be so arranged that the monopoly value returns to the community.

Up to this point a thoroughly consistent individualism can work in harmony with socialism, and it is this partial alliance which has, in fact, laid down the lines of later Liberal finance. The great Budget of 1909 had behind it the united forces of Socialist and individualist opinion. It may be added that there is a fourth form of monopoly which would be open to the same double attack, but it is one of which less has been heard in Great Britain than in the United States. It is possible under a competitive system for rivals to come to an agreement. The more powerful may coerce the weaker, or a number of equals may agree to work together. Thus competition may defeat itself, and industry may be marshalled into trusts or other combinations for the private advantage against the public interest. Such combinations,predicted by Karl Marx as the appointed means of dissolving the competitive system, have been kept at bay in this country by Free Trade. Under Protection they constitute the most urgent problem of the day. Even here the railways, to take one example, are rapidly moving to a system of combination, the economies of which are obvious, while its immediate result is monopoly, and its assured end is nationalization.

Thus individualism, when it grapples with the facts, is driven no small distance along Socialist lines. Once again we have found that to maintain individual freedom and equality we have to extend the sphere of social control. But to carry through the real principles of Liberalism, to achieve social liberty and living equality of rights, we shall have to probe still deeper. We must not assume any of the rights of property as axiomatic. We must look at their actual working and consider how they affect the life of society. We shall have to ask whether, if we could abolish all monopoly on articles of limited supply, we should yet have dealt with all the causes that contribute to social injustice and industrial disorder, whether we shouldhave rescued the sweated worker, afforded to every man adequate security for a fair return for an honest day's toil, and prevented the use of economic advantage to procure gain for one man at the expense of another. We should have to ask whether we had the basis of a just delimitation between the rights of the community and those of the individual, and therewith a due appreciation of the appropriate ends of the State and the equitable basis of taxation. These inquiries take us to first principles, and to approach that part of our discussion it is desirable to carry further our sketch of the historic development of Liberalism in thought and action.

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