one omnipotent and
infinitely wise maker, all the servants of one sovereign master, sent
into the world by his order and about his business; they are his
property whose workmanship they are, made to last during his, not one
another's, pleasure: and being furnished with like faculties, sharing
all in one community of nature, there cannot be supposed any such
subordination among us that may authorise us to destroy another as if
we were made for one another's uses as the inferior ranks of creatures
are for ours.'[26]
[26] Locke, _Second Treatise of Government_, 1690, ed. 1821, p. 191.
When the leaders of the American revolution sought for certainty in
their argument against George the Third they too found it in the fact
that men 'are endowed by their Creator with certain unalienable rights.'
Rousseau and his French followers rested these rights on a presumed
social contract. Human rights stood upon that contract as the elephant
upon the tortoise, though the contract itself, like the tortoise, was
apt to stand upon nothing at all.
At this point Bentham, backed by the sense of humour of mankind, swept
aside the whole conception of a science of politics deduced from natural
right. 'What sort of a thing,' he asked, 'is a natural right, and where
does the maker live, particularly in Atheist's Town, where they are most
rife?'[27]
[27] _Escheat vice Taxation_, Bentham's Works, vol. ii. p. 598.
Bentham himself believed that he had found the standard in the fact that
all men seek pleasure and avoid pain. In that respect men were
measurable and comparable. Politics and jurisprudence could therefore be
made experimental sciences in exactly the same sense as physics or
chemistry. 'The present work,' wrote Bentham, 'as well as any other work
of mine that has been or will be published on the subject of
legislation or any other branch of moral science, is an attempt to
extend the experimental method of reasoning from the physical branch to
the moral.'[28]
[28] MS. in University College, London, quoted by Halevy, _La Jeunesse
de Bentham_, pp. 289-290.
Bentham's standard of 'pleasure and pain' constituted in many ways an
important advance upon 'natural right.' It was in the first place
founded upon a universally accepted fact; all men obviously do feel both
pleasure and pain. That fact was to a certain extent measurable. One
could, for instance, count the number of persons who suffered this year
from an Indian famine, an
|