demanded by those who denounce
them most loudly.
It is not inequality of natural powers of body or mind, nor inequality
in natural conditions, that excites this feeling of resentment I have
noted. The man of feeble natural powers may envy him of strong natural
powers, but he can see that society, that law, is not responsible for
that inequality. If one finds himself from lack of natural ability or
adaptiveness unable to accomplish what others of superior ability or
adaptiveness easily accomplish, and hence he fails to receive the
prize they so easily win, he may feel great disappointment and regret,
but if honest with himself will not attribute his failure to the
injustice of society.
It is not essential to the preservation of society and the race that
such inequalities should be removed, that all men should be reduced
to a dead level of capacity, that human nature should be ignored.
It is strongly felt, however, that society should not itself create
artificial inequalities, should not allow one man or set of men a
liberty it will not allow to others, should not impose burdens on one
man or set of men to be borne by them alone while others are exempt;
or if it does undertake to do so it should be able to demonstrate that
such artificial inequality is necessary for the safety of all. The
intensity of this feeling against artificial inequalities is so great
that men sometimes prefer equality before the law even to liberty.
When the British ambassador said to Madam De Stael that Frenchmen had
no more liberty after the Revolution than before, she answered that
they had acquired equality before the law and they preferred that to
more liberty. This sentiment was tersely and well expressed in the
French Declaration of Rights of 1795. "Equality consists in this, that
the law is the same for all whether it protects or punishes."
Of course, no assertion of rights can be carried to the extent of the
dictum, "Fiat Justitia ruat Respublica," for if the state fall, all
hopes of justice fall with it. When the alternative is the conquest
of the particular society by invasion or its disorganization by
rebellion or rioting or otherwise, some of its members must submit to
the sacrifice of some or all of their rights. Nature will sacrifice
individuals for the preservation of the race. Society must sometimes
do the same. "Inter arma silent leges." But such times are exceptional
and not within the scope of our inquiry.
To sum up th
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