CHAPTER II
the elements of liberalism
I cannot here attempt so much as a sketch of the historical progress of the Liberalizing movement. I would call attention only to the main points at which it assailed the old order, and to the fundamental ideas directing its advance.
1. Civil Liberty.
Both logically and historically the first point of attack is arbitrary government, and the first liberty to be secured is the right to be dealt with in accordance with law. A man who has no legal rights against another, but stands entirely at his disposal, to be treated according to his caprice, is a slave to that other. He is “rightless,” devoid of rights. Now, in some barbaric monarchies the system of rightlessness has at times been consistently carried through in the relations of subjects to the king. Here men and women, though enjoying customary rights of person and property as against one another, have no rights at all as against the king’s pleasure. No European monarch or seignior has ever admittedly enjoyed power of this kind, but European governments have at various times and in various directions exercised or claimed powers no less arbitrary in principle. Thus, by the side of the regular courts of law which prescribe specific penalties for defined offences proved against a man by a regular form of trial, arbitrary governments resort to various extrajudicial forms of arrest, detention, and punishment, depending on their own will and pleasure. Of such a character is punishment by “administrative” process in Russia at the present day; imprisonment by lettre de cachet in France under the ancien régime; all executions by so-called martial law in times of rebellion, and the suspension of various ordinary guarantees of immediate and fair trial in Ireland. Arbitrary government in this form was one of the first objects of attack by the English Parliament in the seventeenth century, and this first liberty of the subject was vindicated by the Petition of Right, and again by the Habeas Corpus Act. It is significant of much that this first step in liberty should be in reality nothing more nor less than a demand for law. “Freedom of men under government,” says Locke, summing up one whole chapter of seventeenth-century controversy, “is to have a standing rule to live by, common to every one of that society and made by the legislative power erected in it.”
The first condition of universal freedom, that is to say, is a measure of universal restraint. Without such restraint some men may be free but others will be unfree. One man may be able to do all his will, but the rest will have no will except that which he sees fit to allow them. To put the same point from another side, the first condition of free government is government not by the arbitrary determination of the ruler, but by fixed rules of law, to which the ruler himself is subject. We draw the important inference that there is no essential antithesis between liberty and law. On the contrary, law is essential to liberty. Law, of course, restrains the individual; it is therefore opposed to his liberty at a given moment and in a given direction. But, equally, law restrains others from doing with him as they will. It liberates him from the fear of arbitrary aggression or coercion, and this is the only way, indeed, the only sense, in which liberty for an entire community is attainable.
There is one point tacitly postulated in this argument which should not be overlooked. In assuming that the reign of law guarantees liberty to the whole community, we are assuming that it is impartial. If there is one law for the Government and another for its subjects, one for noble and another for commoner, one for rich and another for poor, the law does not guarantee liberty for all. Liberty in this respect implies equality. Hence the demand of Liberalism for such a procedure as will ensure the impartial application of law. Hence the demand for the independence of the judiciary to secure equality as between the Government and its subjects. Hence the demand for cheap procedure and accessible courts. Hence the abolition of privileges of class.[1] Hence will come in time the demand for the abolition of the power of money to purchase skilled advocacy.
2. Fiscal Liberty.
Closely connected with juristic liberty, and more widely felt in everyday life, is the question of fiscal liberty. The Stuarts brought things to a head in this country by arbitrary taxation. George III brought things to a head in America by the same infallible method. The immediate cause of the French Revolution was the refusal of the nobles and the clergy to bear their share of the financial burden. But fiscal liberty raises more searching questions than juristic liberty. It is not enough that taxes should be fixed by a law applying universally and impartially, for taxes vary from year to year in accordance with public needs, and while other laws may remain stable and unchanged for an indefinite period, taxation must, in the nature of the case, be adjustable. It is a matter, properly considered, for the Executive rather than the Legislature. Hence the liberty of the subject in fiscal matters means the restraint of the Executive, not merely by established and written laws, but by a more direct and constant supervision. It means, in a word, responsible government, and that is why we have more often heard the cry, “No taxation without representation,” than the cry, “No legislation without representation.” Hence, from the seventeenth century onwards, fiscal liberty was seen to involve what is called political liberty.
3. Personal Liberty.
Of political liberty it will be more convenient to speak later. But let us here observe that there is another avenue by which it can be, and, in fact, was, approached. We have seen that the reign of law is the first step to liberty. A man is not free when he is controlled by other men, but only when he is controlled by principles and rules which all society must obey, for the community is the true master of the free man. But here we are only at the beginning of the matter. There may be law, and there may be no attempt, such as the Stuarts made, to set law aside, yet (1) the making and maintenance of law may depend on the will of the sovereign or of an oligarchy, and (2) the content of the law may be unjust and oppressive to some, to many, or to all except those who make it. The first point brings us back to the problem of political liberty, which we defer. The second opens questions which have occupied a great part of the history of Liberalism, and to deal with them we have to ask what types of law have been felt as peculiarly oppressive, and in what respects it has been necessary to claim liberty not merely through law, but by the abolition of bad law and tyrannical administration.
In the first place, there is the sphere of what is called personal liberty—a sphere most difficult to define, but the arena of the fiercest strife of passion and the deepest feelings of mankind. At the basis lies liberty of thought—freedom from inquisition into opinions that a man forms in his own mind[2]—the inner citadel where, if anywhere, the individual must rule. But liberty of thought is of very little avail without liberty to exchange thoughts— since thought is mainly a social product; and so with liberty of thought goes liberty of speech and liberty of writing, printing, and peaceable discussion. These rights are not free from difficulty and dubiety. There is a point at which speech becomes indistinguishable from action, and free speech may mean the right to create disorder. The limits of just liberty here are easy to draw neither in theory nor in practice. They lead us immediately to one of the points at which liberty and order may be in conflict, and it is with conflicts of this kind that we shall have to deal. The possibilities of conflict are not less in relation to the connected right of liberty in religion. That this liberty is absolute cannot be contended. No modern state would tolerate a form of religious worship which should include cannibalism, human sacrifice, or the burning of witches. In point of fact, practices of this kind—which follow quite naturally from various forms of primitive belief that are most sincerely held—are habitually put down by civilized peoples that are responsible for the government of less developed races. The British law recognizes polygamy in India, but I imagine it would not be open either to a Mahommedan or a Hindu to contract two marriages in England. Nor is it for liberty of this kind that the battle has been fought.
What, then, is the primary meaning of religious liberty? Externally, I take it to include the liberties of thought and expression, and to add to these the right of worship in any form which does not inflict injury on others or involve a breach of public order. This limitation appears to carry with it a certain decency and restraint in expression which avoids unnecessary insult to the feelings of others; and I think this implication must be allowed, though it makes some room for strained and unfair applications. Externally, again, we must note that the demand for religious liberty soon goes beyond mere toleration. Religious liberty is incomplete as long as any belief is penalized, as, for example, by carrying with it exclusion from office or from educational advantages. On this side, again, full liberty implies full equality. Turning to the internal side, the spirit of religious liberty rests on the conception that a man’s religion ranks with his own innermost thought and feelings. It is the most concrete expression of his personal attitude to life, to his kind, to the world, to his own origin and destiny. There is no real religion that is not thus drenched in personality; and the more religion is recognized for spiritual the starker the contradiction is felt to be that any one should seek to impose a religion on another. Properly regarded, the attempt is not wicked, but impossible. Yet those sin most against true religion who try to convert men from the outside by mechanical means. They have the lie in the soul, being most ignorant of the nature of that for which they feel most deeply.
Yet here again we stumble on difficulties. Religion is personal. Yet is not religion also eminently social? What is more vital to the social order than its beliefs? If we send a man to gaol for stealing trash, what shall we do to him whom, in our conscience and on our honour, we believe to be corrupting the hearts of mankind, and perhaps leading them to eternal perdition? Again, what in the name of liberty are we to do to men whose preaching, if followed out in act, would bring back the rack and the stake? Once more there is a difficulty of delimitation which will have to be fully sifted. I will only remark here that our practice has arrived at a solution which, upon the whole, appears to have worked well hitherto, and which has its roots in principle. It is open to a man to preach the principles of Torquemada or the religion of Mahomet. It is not open to men to practise such of their precepts as would violate the rights of others or cause a breach of the peace. Expression is free, and worship is free as far as it is the expression of personal devotion. So far as they infringe the freedom, or, more generally, the rights of others, the practices inculcated by a religion cannot enjoy unqualified freedom.
4. Social Liberty.
From the spiritual we turn to the practical side of life. On this side we may observe, first, that Liberalism has had to deal with those restraints on the individual which flow from the hierarchic organization of society, and reserve certain offices, certain forms of occupation, and perhaps the right or at least the opportunity of education generally, to people of a certain rank or class. In its more extreme form this is a caste system, and its restrictions are religious or legal as well as social. In Europe it has taken more than one form. There is the monopoly of certain occupations by corporations, prominent in the minds of eighteenth-century French reformers. There is the reservation of public appointments and ecclesiastical patronage for those who are “born,” and there is a more subtly pervading spirit of class which produces a hostile attitude to those who could and would rise; and this spirit finds a more material ally in the educational difficulties that beset brains unendowed with wealth. I need not labour points which will be apparent to all, but have again to remark two things. (1) Once more the struggle for liberty is also, when pushed through, a struggle for equality. Freedom to choose and follow an occupation, if it is to become fully effective, means equality with others in the opportunities for following such occupation. This is, in fact, one among the various considerations which lead Liberalism to support a national system of free education, and will lead it further yet on the same lines. (2) Once again, though we may insist on the rights of the individual, the social value of the corporation or quasi-corporation, like the Trade Union, cannot be ignored. Experience shows the necessity of some measure of collective regulation in industrial matters, and in the adjustment of such regulation to individual liberty serious difficulties of principle emerge. We shall have to refer to these in the next section. But one point is relevant at this stage. It is clearly a matter of Liberal principle that membership of a corporation should not depend on any hereditary qualification, nor be set about with any artificial difficulty of entry, where by the term artificial is meant any difficulty not involved in the nature of the occupation concerned, but designed for purposes of exclusiveness. As against all such methods of restriction, the Liberal case is clear.
It has only to be added here that restrictions of sex are in every respect parallel to restrictions of class. There are, doubtless, occupations for which women are unfit. But, if so, the test of fitness is sufficient to exclude them. The “open road for women” is one application, and a very big one, of the “open road for talent,” and to secure them both is of the essence of Liberalism.
5. Economic Liberty
Apart from monopolies, industry was shackled in the earlier part of the modern period by restrictive legislation in various forms, by navigation laws, and by tariffs. In particular, the tariff was not merely an obstruction to free enterprise, but a source of inequality as between trade and trade. Its fundamental effect is to transfer capital and labour from the objects on which they can be most profitably employed in a given locality, to objects on which they are less profitably employed, by endowing certain industries to the disadvantage of the general consumer. Here, again, the Liberal movement is at once an attack on an obstruction and on an inequality. In most countries the attack has succeeded in breaking down local tariffs and establishing relatively large Free Trade units. It is only in England, and only owing to our early manufacturing supremacy, that it has fully succeeded in overcoming the Protective principle, and even in England the Protectionist reaction would undoubtedly have gained at least a temporary victory but for our dependence on foreign countries for food and the materials of industry. The most striking victory of Liberal ideas is one of the most precarious. At the same time, the battle is one which Liberalism is always prepared to fight over again. It has led to no back stroke, no counter-movement within the Liberal ranks themselves.
It is otherwise with organized restrictions upon industry. The old regulations, which were quite unsuited to the conditions of the time, either fell into desuetude during the eighteenth century, or were formally abolished during the earlier years of the industrial revolution. For a while it seemed as though wholly unrestricted industrial enterprise was to be the progressive watchword, and the echoes of that time still linger. But the old restrictions had not been formally withdrawn before a new process of regulation began. The conditions produced by the new factory system shocked the public conscience; and as early as 1802 we find the first of a long series of laws, out of which has grown an industrial code that year by year follows the life of the operative, in his relations with his employer, into more minute detail. The first stages of this movement were contemplated with doubt and distrust by many men of Liberal sympathies. The intention was, doubtless, to protect the weaker party, but the method was that of interference with freedom of contract. Now the freedom of the sane adult individual—even such strong individualists as Cobden recognized that the case of children stood apart—carried with it the right of concluding such agreements as seemed best to suit his own interests, and involved both the right and the duty of determining the lines of his life for himself. Free contract and personal responsibility lay close to the heart of the whole Liberal movement. Hence the doubts felt by so many Liberals as to the regulation of industry by law. None the less, as time has gone on, men of the keenest Liberal sympathies have come not merely to accept but eagerly to advance the extension of public control in the industrial sphere, and of collective responsibility in the matter of the education and even the feeding of children, the housing of the industrial population, the care of the sick and aged, the provision of the means of regular employment. On this side Liberalism seems definitely to have retraced its steps, and we shall have to inquire closely into the question whether the reversal is a change of principle or of application.
Closely connected with freedom of contract is freedom of association. If men may make any agreement with one another in their mutual interest so long as they do not injure a third party, they may apparently agree to act together permanently for any purposes of common interest on the same conditions. That is, they may form associations. Yet at bottom the powers of an association are something very different from the powers of the individuals composing it; and it is only by legal pedantry that the attempt can be made to regulate the behaviour of an association on principles derived from and suitable to the relations of individuals. An association might become so powerful as to form a state within the state, and to contend with government on no unequal terms. The history of some revolutionary societies, of some ecclesiastical organizations, even of some American trusts might be quoted to show that the danger is not imaginary. Short of this, an association may act oppressively towards others and even towards its own members, and the function of Liberalism may be rather to protect the individual against the power of the association than to protect the right of association against the restriction of the law. In fact, in this regard, the principle of liberty cuts both ways, and this double application is reflected in history. The emancipation of trade unions, however, extending over the period from 1824 to 1906, and perhaps not yet complete, was in the main a liberating movement, because combination was necessary to place the workman on something approaching terms of equality with the employer, and because tacit combinations of employers could never, in fact, be prevented by law. It was, again, a movement to liberty through equality. On the other hand, the oppressive capacities of a trade union could never be left out of account, while combinations of capital, which might be infinitely more powerful, have justly been regarded with distrust. In this there is no inconsistency of principle, but a just appreciation of a real difference of circumstance. Upon the whole it may be said that the function of Liberalism is not so much to maintain a general right of free association as to define the right in each case in such terms as make for the maximum of real liberty and equality.
6. Domestic Liberty.
Of all associations within the State, the miniature community of the Family is the most universal and of the strongest independent vitality. The authoritarian state was reflected in the authoritarian family, in which the husband was within wide limits absolute lord of the person and property of wife and children. The movement of liberation consists (1) in rendering the wife a fully responsible individual, capable of holding property, suing and being sued, conducting business on her own account, and enjoying full personal protection against her husband; (2) in establishing marriage as far as the law is concerned on a purely contractual basis, and leaving the sacramental aspect of marriage to the ordinances of the religion professed by the parties; (3) in securing the physical, mental, and moral care of the children, partly by imposing definite responsibilities on the parents and punishing them for neglect, partly by elaborating a public system of education and of hygiene. The first two movements are sufficiently typical cases of the interdependence of liberty and equality. The third is more often conceived as a Socialistic than a Liberal tendency, and, in point of fact, the State control of education gives rise to some searching questions of principle, which have not yet been fully solved. If, in general, education is a duty which the State has a right to enforce, there is a countervailing right of choice as to the lines of education which it would be ill to ignore, and the mode of adjustment has not yet been adequately determined either in theory or in practice. I would, however, strongly maintain that the general conception of the State as Over-parent is quite as truly Liberal as Socialistic. It is the basis of the rights of the child, of his protection against parental neglect, of the equality of opportunity which he may claim as a future citizen, of his training to fill his place as a grown-up person in the social system. Liberty once more involves control and restraint.
7. Local, Racial, and National Liberty.
From the smallest social unit we pass to the largest. A great part of the liberating movement is occupied with the struggle of entire nations against alien rule, with the revolt of Europe against Napoleon, with the struggle of Italy for freedom, with the fate of the Christian subjects of Turkey, with the emancipation of the negro, with the national movement in Ireland and in India. Many of these struggles present the problem of liberty in its simplest form. It has been and is too often a question of securing the most elementary rights for the weaker party; and those who are not touched by the appeal are deficient rather in imagination than in logic or ethics. But at the back of national movements very difficult questions do arise. What is a nation as distinct from a state? What sort of unity does it constitute, and what are its rights? If Ireland is a nation, is Ulster one? and if Ulster is a British and Protestant nation, what of the Catholic half of Ulster? History has in some cases given us a practical answer. Thus, it has shown that, enjoying the gift of responsible government, French and British, despite all historical quarrels and all differences of religious belief, language, and social structure, have fused into the nation of Canada. History has justified the conviction that Germany was a nation, and thrown ridicule on the contemptuous saying of Metternich that Italy was a geographical expression. But how to anticipate history, what rights to concede to a people that claims to be a self-determining unit, is less easy to decide. There is no doubt that the general tendency of Liberalism is to favour autonomy, but, faced as it is with the problems of subdivision and the complexity of group with group, it has to rely on the concrete teaching of history and the practical insight of statesmanship to determine how the lines of autonomy are to be drawn. There is, however, one empirical test which seems generally applicable. Where a weaker nation incorporated with a larger or stronger one can be governed by ordinary law applicable to both parties to the union, and fulfilling all the ordinary principles of liberty, the arrangement may be the best for both parties. But where this system fails, where the government is constantly forced to resort to exceptional legislation or perhaps to de-liberalize its own institutions, the case becomes urgent. Under such conditions the most liberally-minded democracy is maintaining a system which must undermine its own principles. The Assyrian conqueror, Mr. Herbert Spencer remarks, who is depicted in the bas-reliefs leading his captive by a cord, is bound with that cord himself. He forfeits his liberty as long as he retains his power.
Somewhat similar questions arise about race, which many people wrongly confuse with nationality. So far as elementary rights are concerned there can be no question as to the attitude of Liberalism. When the political power which should guarantee such rights is brought into view, questions of fact arise. Is the Negro or the Kaffir mentally and morally capable of self-government or of taking part in a self-governing State? The experience of Cape Colony tends to the affirmative view. American experience of the negro gives, I take it, a more doubtful answer. A specious extension of the white man’s rights to the black may be the best way of ruining the black. To destroy tribal custom by introducing conceptions of individual property, the free disposal of land, and the free purchase of gin may be the handiest method for the expropriator. In all relations with weaker peoples we move in an atmosphere vitiated by the insincere use of high-sounding words. If men say equality, they mean oppression by forms of justice. If they say tutelage, they appear to mean the kind of tutelage extended to the fattened goose. In such an atmosphere, perhaps, our safest course, so far as principles and deductions avail at all, is to fix our eyes on the elements of the matter, and in any part of the world to support whatever method succeeds in securing the “coloured” man from personal violence, from the lash, from expropriation, and from gin; above all, so far as it may yet be, from the white man himself. Until the white man has fully learnt to rule his own life, the best of all things that he can do with the dark man is to do nothing with him. In this relation, the day of a more constructive Liberalism is yet to come.
8. International Liberty.
If non-interference is the best thing for the barbarian many Liberals have thought it to be the supreme wisdom in international affairs generally. I shall examine this view later. Here I merely remark: (1) It is of the essence of Liberalism to oppose the use of force, the basis of all tyranny. (2) It is one of its practical necessities to withstand the tyranny of armaments. Not only may the military force be directly turned against liberty, as in Russia, but there are more subtle ways, as in Western Europe, in which the military spirit eats into free institutions and absorbs the public resources which might go to the advancement of civilization. (3) In proportion as the world becomes free, the use of force becomes meaningless. There is no purpose in aggression if it is not to issue in one form or another of national subjection.
9. Political Liberty and Popular Sovereignty.
Underlying all these questions of right is the question how they are to be secured and maintained. By enforcing the responsibility of the executive and legislature to the community as a whole? Such is the general answer, and it indicates one of the lines of connection between the general theory of liberty and the doctrine of universal suffrage and the sovereignty of the people. The answer, however, does not meet all the possibilities of the case. The people as a whole might be careless of their rights and incapable of managing them. They might be set on the conquest of others, the expropriation of the rich, or on any form of collective tyranny or folly. It is perfectly possible that from the point of view of general liberty and social progress a limited franchise might give better results than one that is more extended. Even in this country it is a tenable view that the extension of the suffrage in 1884 tended for some years to arrest the development of liberty in various directions. On what theory does the principle of popular sovereignty rest, and within what limits does it hold good? Is it a part of the general principles of liberty and equality, or are other ideas involved? These are among the questions which we shall have to examine.
We have now passed the main phases of the Liberal movement in very summary review, and we have noted, first, that it is coextensive with life. It is concerned with the individual, the family, the State. It touches industry, law, religion, ethics. It would not be difficult, if space allowed, to illustrate its influence in literature and art, to describe the war with convention, insincerity, and patronage, and the struggle for free self-expression, for reality, for the artist’s soul. Liberalism is an all-penetrating element of the life-structure of the modern world. Secondly, it is an effective historical force. If its work is nowhere complete, it is almost everywhere in progress. The modern State as we see it in Europe outside Russia, in the British colonies, in North and South America, as we begin to see it in the Russian empire and throughout the vast continent of Asia, is the old authoritarian society modified in greater or less degree by the absorption of Liberal principles. Turning, thirdly, to those principles themselves, we have recognized Liberalism in every department as a movement fairly denoted by the name—a movement of liberation, a clearance of obstructions, an opening of channels for the flow of free spontaneous vital activity. Fourthly, we have seen that in a large number of cases what is under one aspect a movement for liberty is on another side a movement towards equality, and the habitual association of these principles is so far confirmed. On the other hand, lastly, we have seen numerous cases in which the exacter definition of liberty and the precise meaning of equality remain obscure, and to discuss these will be our task. We have, moreover, admittedly regarded Liberalism mainly in its earlier and more negative aspect. We have seen it as a force working within an old society and modifying it by the loosening of the bonds which its structure imposed on human activity. We have yet to ask what constructive social scheme, if any, could be formed on Liberal principles; and it is here, if at all, that the fuller meaning of the principles of Liberty and Equality should appear, and the methods of applying them be made out. The problem of popular sovereignty pointed to the same need. Thus the lines of the remainder of our task are clearly laid down. We have to get at the fundamentals of Liberalism, and to consider what kind of structure can be raised upon the basis which they offer. We will approach the question by tracing the historic movement of Liberal thought through certain well-marked phases. We shall see how the problems which have been indicated were attacked by successive thinkers, and how partial solutions gave occasion for deeper probings. Following the guidance of the actual movement of ideas, we shall reach the centre and heart of Liberalism, and we shall try to form a conception of the essentials of the Liberal creed as a constructive theory of society. This conception we shall then apply to the greater questions, political and economic, of our own day; and this will enable us finally to estimate the present position of Liberalism as a living force in the modern world and the prospect of transforming its ideals into actualities.
- ↑ 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.
- ↑ See an interesting chapter in Faguet’s Liberalisme, 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.