FREE BOOKS

Author's List




PREV.   NEXT  
|<   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34  
35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   >>   >|  
f law. Hence the demand for the independence of the judiciary to secure equality as between the Government and its subjects. Hence the demand for cheap procedure and accessible courts. Hence the abolition of privileges of class.[2] Hence will come in time the demand for the abolition of the power of money to purchase skilled advocacy. 2. _Fiscal Liberty._ Closely connected with juristic liberty, and more widely felt in everyday life, is the question of fiscal liberty. The Stuarts brought things to a head in this country by arbitrary taxation. George III brought things to a head in America by the same infallible method. The immediate cause of the French Revolution was the refusal of the nobles and the clergy to bear their share of the financial burden. But fiscal liberty raises more searching questions than juristic liberty. It is not enough that taxes should be fixed by a law applying universally and impartially, for taxes vary from year to year in accordance with public needs, and while other laws may remain stable and unchanged for an indefinite period, taxation must, in the nature of the case, be adjustable. It is a matter, properly considered, for the Executive rather than the Legislature. Hence the liberty of the subject in fiscal matters means the restraint of the Executive, not merely by established and written laws, but by a more direct and constant supervision. It means, in a word, responsible government, and that is why we have more often heard the cry, "No taxation without representation," than the cry, "No legislation without representation." Hence, from the seventeenth century onwards, fiscal liberty was seen to involve what is called political liberty. 3. _Personal Liberty._ Of political liberty it will be more convenient to speak later. But let us here observe that there is another avenue by which it can be, and, in fact, was, approached. We have seen that the reign of law is the first step to liberty. A man is not free when he is controlled by other men, but only when he is controlled by principles and rules which all society must obey, for the community is the true master of the free man. But here we are only at the beginning of the matter. There may be law, and there may be no attempt, such as the Stuarts made, to set law aside, yet (1) the making and maintenance of law may depend on the will of the sovereign or of an oligarchy, and (2) the content of the law may be unjust and oppressive t
PREV.   NEXT  
|<   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34  
35   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   >>   >|  



Top keywords:

liberty

 

fiscal

 

taxation

 

demand

 

Executive

 

controlled

 

matter

 

representation

 

political

 

Liberty


abolition
 

things

 

juristic

 
Stuarts
 

brought

 

onwards

 

seventeenth

 

making

 
century
 

called


involve

 

legislation

 
supervision
 

unjust

 

content

 
oppressive
 

responsible

 

government

 

oligarchy

 

depend


maintenance
 

sovereign

 
convenient
 
community
 

approached

 

principles

 

society

 

constant

 

avenue

 

beginning


attempt
 

observe

 

master

 

Personal

 
remain
 

everyday

 

question

 

widely

 

connected

 
advocacy