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
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