CHAPTER V
GOVERNMENT AND LAW
Proposed Roads to Freedom: Socialism, Anarchism and Syndicalism | ||
5.
CHAPTER V
GOVERNMENT AND LAW
Goverment and Law, in their very essence, consist of restrictions on freedom, and freedom is the greatest of political goods.[9] A hasty reasoner might conclude without further ado that Law and government are evils which must be abolished if freedom is our goal. But this consequence, true or false, cannot be proved so simply. In this chapter we shall examine the arguments of Anarchists against law and the State. We shall proceed on the assumption that freedom is the supreme aim of a good social system; but on this very basis we shall find the Anarchist contentions very questionable.
Respect for the liberty of others is not a natural impulse with most men: envy and love of power lead ordinary human nature to find pleasure in interferences with the lives of others. If all men's actions were wholly unchecked by external authority, we should not obtain a world in which all men would be
The power of the State is partly legal, partly economic: acts of a kind which the State dislikes can be punished by the criminal law, and individuals who incur the displeasure of the State may find it hard to earn a livelihood.
The views of Marx on the State are not very clear. On the one hand he seems willing, like the modern State Socialists, to allow great power to the
When, in the course of development, class distinctions have disappeared, and all production has been concentrated in the hands of a vast association of the whole nation, the public power will lose its political character. Political power, properly so called, is merely the organised power of one class for oppressing another. If the proletariat during its contest with the bourgeoisie is compelled, by the force of circumstances, to organize itself as a class, if, by means of a revolution, it makes itself the ruling class, and, as such, sweeps away by force the old conditions of production, then it will, along with these conditions, have swept away the conditions for the existence of class antagonisms, and of classes generally, and will thereby have abolished its own supremacy as a class.
In place of the old bourgeois society, with its classes and class antagonisms, we shall have an association, in
This attitude Marx preserved in essentials throughout his life. Accordingly, it is not to be wondered at that his followers, so far as regards their immediate aims, have in the main become out-and-out State Socialists. On the other hand, the Syndicalists, who accept from Marx the doctrine of the class war, which they regard as what is really vital in his teaching, reject the State with abhorrence and wish to abolish it wholly, in which respect they are at one with the Anarchists. The Guild Socialists, though some persons in this country regard them as extremists, really represent the English love of compromise. The Syndicalist arguments as to the dangers inherent in the power of the State have made them dissatisfied with the old State Socialism, but they are unable to accept the Anarchist view that society can dispense altogether with a central authority. Accordingly they propose that there should be two co-equal instruments of Government in a community, the one geographical, representing the consumers, and essentially the continuation of the democratic State; the other representing the producers, organized, not geographically, but in guilds, after the manner of industrial unionism. These two authorities
Among all these different views, the one which raises the deepest issue is the Anarchist contention that all coercion by the community is unnecessary. Like most of the things that Anarchists say, there is much more to be urged in support of this view than most people would suppose at first sight. Kropotkin, who is its ablest exponent, points out how much has been achieved already by the method of free agreement. He does not wish to abolish government in the sense of collective decisions: what he does wish to abolish is the system by which a decision is enforced
Attractive as this view is, I cannot resist the conclusion that it results from impatience and represents the attempt to find a short-cut toward the ideal which all humane people desire.
Let us begin with the question of private crime.[13] Anarchists maintain that the criminal is manufactured by bad social conditions and would disappear in such a world as they aim at creating.[14] No doubt
The conclusion, which appears to be forced upon us, is that the Anarchist ideal of a community in which no acts are forbidden by law is not, at any rate for the present, compatible with the stability of such a world as the Anarchists desire. In order to obtain and preserve a world resembling as closely as possible that at which they aim, it will still be necessary that some acts should be forbidden by law. We may put the chief of these under three heads:
- 1. Theft.
- 2. Crimes of violence.
- 3. The creation of organizations intended to subvert the Anarchist régime by force.
We will briefly recapitulate what has been said already as to the necessity of these prohibitions.
1. Theft.—It is true that in an Anarchist world
2. Crimes of Violence.—Cruelty to children,
3. The third class of difficulties is much the most serious and involves much the most drastic interference with liberty. I do not see how a private army could be tolerated within an Anarchist community, and I do not see how it could be prevented except by a general prohibition of carrying arms. If there were no such prohibition, rival parties would organize rival forces, and civil war would result. Yet, if there is such a prohibition, it cannot well be carried out without a very considerable interference with individual liberty. No doubt, after a time, the idea of using violence to achieve a political object might die down, as the practice of duelling has done. But such
If we admit, however reluctantly, that a criminal law is necessary and that the force of the community must be brought to bear to prevent certain kinds of actions, a further question arises: How is crime to be treated? What is the greatest measure of humanity and respect for freedom that is compatible with the recognition of such a thing as crime? The first thing to recognize is that the whole conception of guilt or sin should be utterly swept away. At present, the criminal is visited with the displeasure of the community: the sole method applied to prevent the occurrence of crime is the infliction of pain upon the criminal. Everything possible is done to break his spirit and destroy his self-respect. Even those pleasures which would be most likely to have a civilizing effect are forbidden to him, merely on the ground that they are pleasures, while much of the suffering inflicted is of a kind which can only brutalize and degrade still further. I am not speaking, of course, of those few penal institutions which have made a
When a man is suffering from an infectious disease he is a danger to the community, and it is necessary to restrict his liberty of movement. But no one associates any idea of guilt with such a situation. On the contrary, he is an object of commiseration to his friends. Such steps as science recommends are taken to cure him of his disease, and he submits as a rule without reluctance to the curtailment of liberty involved meanwhile. The same method in spirit ought to be shown in the treatment of what is called "crime." It is supposed, of course, that the criminal is actuated by calculations of self-interest, and that the fear of punishment, by supplying a contrary motive of self-interest affords the best deterrent.
Went mad and bit the man.
This is the popular view of crime; yet no dog goes mad from choice, and probably the same is true of the great majority of criminals, certainly in the case of crimes of passion. Even in cases where self-interest is the motive, the important thing is to prevent the crime, not to make the criminal suffer. Any suffering which may be entailed by the process of prevention ought to be regarded as regrettable, like the pain involved in a surgical operation. The man who commits a crime from an impulse to violence ought to be subjected to a scientific psychological treatment, designed to elicit more beneficial impulses. The man who commits a crime from calculations of self-interest ought to be made to feel that self-interest itself, when it is fully understood, can be better served by a life which is useful to the community than by one which is harmful. For this purpose it is chiefly necessary to widen his outlook and increase the scope of his desires. At present, when a man suffers from insufficient love for his fellow-creatures, the method of curing him which is commonly adopted seems scarcely designed to succeed, being, indeed, in essentials, the same as his attitude toward them. The object of the prison administration is to save trouble, not to study the individual case. He is kept in captivity in a cell from which all sight of the earth is shut out: he is subjected to harshness by warders, who have too
Severity of punishment arose through vindictiveness and fear in an age when many criminals escaped justice altogether, and it was hoped that savage sentences would outweigh the chance of escape in the mind of the criminal. At present a very large part of the criminal law is concerned in safeguarding the rights of property, that is to say—as things are now—the unjust privileges of the rich. Those whose principles lead them into conflict with government, like Anarchists, bring a most formidable indictment against the law and the authorities for the unjust manner in which they support the status quo. Many of the actions by which men have become rich are far more harmful to the community than the obscure crimes of poor men, yet they go unpunished because they do not interfere with the existing order. If the power of the community is to be brought to bear to prevent certain classes of actions through the agency
So far we have been considering the power which the State derives from the criminal law. We have every reason to think that this power cannot be entirely abolished, though it can be exercised in a wholly different spirit, without the vindictiveness and the moral reprobation which now form its essence.
We come next to the consideration of the economic power of the State and the influence which it can exert through its bureaucracy. State Socialists argue as if there would be no danger to liberty in a State not based upon capitalism. This seems to me an entire delusion. Given an official caste, however selected, there are bound to be a set of men whose whole instincts will drive them toward tyranny. Together with the natural love of power, they will have a rooted conviction (visible now in the higher ranks of the Civil Service) that they alone know enough to be able to judge what is for the good of the community. Like
Those who accept the orthodox doctrine of democracy contend that, if ever the power of capital were removed, representative institutions would suffice to undo the evils threatened by bureaucracy. Against
Such criticism would have had more influence if any clear idea of an alternative to parliamentary democracy had been generally apprehended. But it must be confessed that Syndicalists have not presented their case in a way which is likely to attract the average citizen. Much of what they say amounts to this: that a minority, consisting of skilled workers in vital industries, can, by a strike, make the economic life of the whole community impossible, and can in this way force their will upon the nation. The action aimed at is compared to the seizure of a power
But it would be a mistake to confuse aims with methods: however little we may agree with the proposal to force the millennium on a reluctant community by starvation, we may yet agree that much of what the Syndicalists desire to achieve is desirable.
Let us dismiss from our minds such criticisms of parliamentary government as are bound up with the present system of private property, and consider only those which would remain true in a collectivist community. Certain defects seem inherent in the very nature of representative institutions. There is
Majority rule, as it exists in large States, is subject to the fatal defect that, in a very great number of questions, only a fraction of the nation have any direct interest or knowledge, yet the others have an equal voice in their settlement. When people have no direct interest in a question they are very apt to be influenced by irrelevant considerations; this is shown in the extraordinary reluctance to grant autonomy to subordinate nations or groups. For this reason, it is very dangerous to allow the nation as a whole to decide on matters which concern only a small section, whether that section be geographical or industrial or defined in any other way. The best cure for this evil, so far as can be seen at present, lies in allowing self-government to every important group within a nation in all matters that affect that group much more than they affect the rest of the community. The government of a group, chosen by the group, will be far more in touch with its constituents, far more conscious of their interests, than a remote Parliament nominally representing the whole country. The most original idea in Syndicalism—adopted and developed by the Guild Socialists—is the
Guild Socialists, as we have seen, have another suggestion, growing naturally out of the autonomy of industrial guilds, by which they hope to limit the power of the State and help to preserve individual liberty. They propose that, in addition to Parliament, elected (as at present) on a territorial basis and representing the community as consumers, there shall also be a "Guild Congress," a glorified successor of the present Trade Union Congress, which shall consist of representatives chosen by the Guilds, and shall represent the community as producers.
This method of diminishing the excessive power of the State has been attractively set forth by Mr. G. D. H. Cole in his "Self-Government in Industry."[17] "Where now," he says, "the State passes a Factory Act, or a Coal Mines Regulation Act, the Guild Congress of the future will pass such Acts, and its power of enforcing them will be the same as that of the State" (p. 98). His ultimate ground for advocating this system is that, in his opinion, it will tend to preserve individual liberty: "The fundamental reason
Will the system suggested by Mr. Cole have this result? I think it is clear that it would, in this respect, be an improvement on the existing system. Representative government cannot but be improved by any method which brings the representatives into closer touch with the interests concerned in their legislation; and this advantage probably would be secured by handing over questions of production to the Guild Congress. But if, in spite of the safeguards proposed by the Guild Socialists, the Guild Congress became all-powerful in such questions, if resistance to its will by a Guild which felt ill-used became practically hopeless, I fear that the evils now connected with the omnipotence of the State would soon reappear. Trade Union officials, as soon as they become part of the governing forces in the country, tend to become autocratic and conservative; they lose touch with their constituents and gravitate, by a psychological sympathy, into co-operation with the powers that be. Their formal installation in authority through the Guilds Congress would accelerate this process. They would soon tend to combine, in effect if not obviously, with those who wield authority in
There is no method, if we are not mistaken, by which a body representing the whole community, whether as producers or consumers or both, can alone be a sufficient guardian of individual liberty. The only way of preserving sufficient liberty (and even this will be inadequate in the case of very small minorities) is the organization of citizens with special interests into groups, determined to preserve autonomy as regards their internal affairs, willing to resist interference by a strike if necessary, and sufficiently powerful (either in themselves or through their power of appealing to public sympathy) to be able to resist the organized forces of government successfully when their cause is such as many men think just. If this method is to be successful we must have not only suitable organizations but also a diffused respect for liberty, and an absence of submissiveness to government both in theory and practice. Some risk of disorder there must be in such a society, but this risk is as nothing compared to the
We may now sum up our discussion of the powers of Government.
The State, in spite of what Anarchists urge, seems a necessary institution for certain purposes. Peace and war, tariffs, regulation of sanitary conditions and of the sale of noxious drugs, the preservation of a just system of distribution: these, among others, are functions which could hardly be performed in a community in which there was no central government. Take, for example, the liquor traffic, or the opium traffic in China. If alcohol could be obtained at cost price without taxation, still more if it could be obtained for nothing, as Anarchists presumably desire, can we believe that there would not be a great and disastrous increase of drunkenness? China was brought to the verge of ruin by opium, and every patriotic Chinaman desired to see the traffic in opium restricted. In such matters freedom is not a panacea, and some degree of legal restriction seems imperative for the national health.
But granting that the State, in some form, must continue, we must also grant, I think, that its powers ought to be very strictly limited to what is absolutely necessary. There is no way of limiting its powers except by means of groups which are jealous of their privileges and determined to preserve their autonomy, even if this should involve resistance to
I do not say freedom is the greatest of all goods: the best things come from within—they are such things as creative art, and love, and thought. Such things can be helped or hindered by political conditions, but not actually produced by them; and freedom is, both in itself and in its relation to these other goods the best thing that political and economic conditions can secure.
"On the other hand, the State has also been confused with government. As there can be no State without government, it has been sometimes said that it is the absence of government, and not the abolition of the State, that should be the aim.
"It seems to me, however, that State and government represent two ideas of a different kind. The State idea implies quite another idea to that of government. It not only includes the existence of a power placed above society, but also a territorial concentration and a concentration of many functions of the life of society in the hands of a few or even of all. It implies new relations among the members of society.
"This characteristic distinction, which perhaps escapes notice at first sight, appears clearly when the origin of the State is studied." Kropotkin, "The State." p. 4.
Representative government has accomplished its historical mission; it has given a mortal blow to Court-rule; and by its debates it has awakened public interest in public questions. But, to see in it the government of the future Socialist society, is to commit a gross error. Each economical phase of life implies its own political phase; and it is impossible to touch the very basis of the present economical life—private property—without a corresponding change in the very basis of the political organization. Life already shows in which direction the change will be made. Not in increasing the powers of the State, but in resorting to free organization and free federation in all those branches which are now considered as attributes of the State." Kropotkin, "Anarchist Communism," pp. 28-29.
On this subject there is an excellent discussion in the before-mentioned work of Monsieur Naquet.
"As to the third—the chief—objection, which maintains the necessity of a government for punishing those who break the law of society, there is so much to say about it that it hardly can be touched incidentally. The more we study the question, the more we are brought to the conclusion that society itself is responsible for the anti-social deeds perpetrated in its midst, and that no punishment, no prisons, and no hangmen can diminish the numbers of such deeds; nothing short of a reorganization of society itself. Three-quarters of all the acts which are brought every year before our courts have their origin, either directly or indirectly, in the present disorganized state of society with regard to the production and distribution of wealth—not in the perversity of human nature. As to the relatively few anti-social deeds which result from anti-social inclinations of separate individuals, it is not by prisons, nor even by resorting to the hangmen, that we can diminish their numbers. By our prisons, we merely multiply them and render them worse. By our detectives, our `price of blood,' our executions, and our jails, we spread in society such a terrible flow of basest passions and habits, that he who should realize the effects of these institutions to their full extent, would be frightened by what society is doing under the pretext of maintaining morality. We must search for other remedies, and the remedies have been indicated long since." Kropotkin, "Anarchist Communism," pp. 31-32.
CHAPTER V
GOVERNMENT AND LAW
Proposed Roads to Freedom: Socialism, Anarchism and Syndicalism | ||