FREE BOOKS

Author's List




PREV.   NEXT  
|<   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310  
311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   >>   >|  
thinks fit, _within the limits prescribed by the law of nature_; but he soon loses sight of this all-important limitation, from which natural liberty derives its form and beauty. Hence it becomes in his mind a power to act as one pleases, without the restraint or control of any law whatever, either human or divine. The sovereign will and pleasure of the individual becomes the only rule of conduct, and lawless anarchy the condition which it legitimates. Thus, having loosed the bonds and marred the beauty of natural liberty, he was prepared to see it, now become so "wild and savage," offered up as a sacrifice on the altar of civil liberty. This, too, was the great fundamental error of Hobbes. What Blackstone thus did through inadvertency, was knowingly and designedly done by the philosopher of Malmesbury. In a state of nature, says he, all men have a right to do as they please. Each individual may set up a right to all things, and consequently to the same things. In other words, in such a state there is no law, exept that of force. The strong arm of power is the supreme arbiter of all things. Robbery and outrage and murder are as lawful as their opposites. That is to say, there is no such thing as a law of nature; and consequently all things are, in a state of nature, equally allowable. Thus it was that Hobbes delighted to legitimate the horrors of a state of nature, as it is called, in order that mankind might, without a feeling of indignation or regret, see the wild and ferocious liberty of such a state sacrificed to despotic power. Thus it was that he endeavoured to recommend the "Leviathan," by contrasting it with the huger monster called Natural Liberty. This view of the state of nature, by which all law and the great Fountain of all law are shut out of the world, was perfectly agreeable to the atheistical philosophy of Hobbes. From one who had extinguished the light of nature, and given dominion to the powers of darkness, no better could have been expected; but is it not deplorable that a Christian jurist should, even for a moment, have forgotten the great central light of his own system, and drawn his arguments from such an abyss of darkness? Blackstone has thus lost sight of truth, not only in regard to his general propositions, but also in regard to particular instances. "The law," says he, "which restrains a man from doing mischief to his fellow-citizens diminishes the natural liberty of mankind." Now, is
PREV.   NEXT  
|<   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   306   307   308   309   310  
311   312   313   314   315   316   317   318   319   320   321   322   323   324   325   326   327   328   329   330   331   332   333   334   335   >>   >|  



Top keywords:

nature

 

liberty

 
things
 

natural

 
Hobbes
 

darkness

 

individual

 
Blackstone
 

beauty

 

regard


mankind

 

called

 

Liberty

 
legitimate
 

Natural

 

equally

 
delighted
 

Fountain

 

monster

 

allowable


indignation
 

recommend

 
endeavoured
 
despotic
 

regret

 
sacrificed
 

Leviathan

 

contrasting

 

ferocious

 

horrors


feeling

 

general

 

system

 
arguments
 

propositions

 

fellow

 

citizens

 

diminishes

 

mischief

 

instances


restrains

 

central

 
forgotten
 

extinguished

 

dominion

 

powers

 

agreeable

 

atheistical

 

philosophy

 
moment