FREE BOOKS

Author's List




PREV.   NEXT  
|<   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65  
66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   >>   >|  
hts. The naif expression of this doctrine by a great borough proprietor, 'May I not do what I like with my own?' was to become proverbial.[30] This, finally, suggests that a doctrine of 'individualism' is implied throughout. The individual rights are the antecedent and the rights of the state a consequent or corollary. Every man has certain sacred rights accruing to him in virtue of 'prescription' or tradition, through his inherited position in the social organism. The 'rule of law' secures that he shall exercise them without infringing the privileges of his neighbour. He may moreover be compelled by the law to discharge them on due occasion. But, as there is no supreme body which can sufficiently superintend, stimulate, promote, or dismiss, the active impulse must come chiefly from his own sense of the fitness of things. The efficiency therefore depends upon his being in such a position that his duty may coincide with his personal interest. The political machinery can only work efficiently on the assumption of a spontaneous activity of the ruling classes, prompted by public spirit or a sense of personal dignity. Meanwhile, 'individualism' in a different sense was represented by the forces which made for progress rather than order, and to them I must now turn. NOTES: [26] Professor Dicey's _Lectures on the Law of the Constitution_ (1885), p. 178. Professor Dicey gives an admirable exposition of the 'rule of law.' [27] Pollock and Maitland's _History of English Law_, i. 208. [28] A characteristic consequence is that Hale and Blackstone make no distinction between public and private law. Austin (_Jurisprudence_ (1869), 773-76) applauds them for this peculiarity, which he regards as a proof of originality, though it would rather seem to be an acceptance of the traditional view. Austin, however, retorts the charge of _Verwirrung_ upon German critics. [29] This is the theory of Defoe in his _Original Power of the People of England_ (Works by Hazlitt, vol iii. See especially p. 57). [30] The fourth duke of Newcastle in the House of Lords, 3 Dec. 1830. CHAPTER II THE INDUSTRIAL SPIRIT I. THE MANUFACTURERS The history of England during the eighteenth century shows a curious contrast between the political stagnancy and the great industrial activity. The great constitutional questions seemed to be settled; and the statesmen, occupied mainly in sharing power and place, took a very shortsighted vie
PREV.   NEXT  
|<   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65  
66   67   68   69   70   71   72   73   74   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   >>   >|  



Top keywords:
rights
 
England
 

activity

 

public

 

political

 

personal

 

Austin

 

position

 

doctrine

 
individualism

Professor
 

applauds

 

acceptance

 

originality

 

traditional

 
peculiarity
 

characteristic

 

Maitland

 
Pollock
 

History


English

 

exposition

 

admirable

 

distinction

 
private
 

Jurisprudence

 

Blackstone

 

consequence

 

curious

 

contrast


stagnancy
 
industrial
 
century
 

eighteenth

 

SPIRIT

 
INDUSTRIAL
 

MANUFACTURERS

 

history

 

constitutional

 
questions

shortsighted

 
sharing
 

settled

 

statesmen

 

occupied

 
CHAPTER
 
Original
 
People
 

Constitution

 
Hazlitt