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the man versus the state-第27章

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 if they do not conduce to their happiness; will increase their miseries and accelerate their deaths?      There is first of all the undeniable truth; conspicuous and yet absolutely ignored; that there are no phenomena which a society presents but what have their origins in the phenomena of individual human life; which again have their roots in vital phenomena at large。 And there is the inevitable implication that unless these vital phenomena; bodily and mental; are chaotic in their relations (a supposition excluded by the very maintenance of life) the resulting phenomena cannot be wholly chaotic: there must be some kind of order in the phenomena which grow out of them when associated human beings have to co…operate。 Evidently; then; when one who has not studied such resulting phenomena of social order; undertakes to regulate society; he is pretty certain to work mischiefs。      In the second place; apart from a priori reasoning; this conclusion should be forced on the legislator by comparisons of societies。 It ought to be sufficiently manifest that before meddling with the details of social organization; inquiry should be made whether social organization has a natural history; and that to answer this inquiry; it would be well; setting out with the simplest societies; to see in what respects social structures agree。 Such comparative sociology; pursued to a very small extent; shows a substantial uniformity of genesis。 The habitual existence of chieftainship; and the establishment of chiefly authority by war; the rise everywhere of the medicine man and priest; the presence of a cult having in all places the same fundamental traits; the traces of division of labour; early displayed; which gradually become more marked; and the various complications; political; ecclesiastical; industrial; which arise as groups are compounded and recompounded by war; quickly prove to any who compares them that; apart from all their special differences; societies have general resemblances in their modes of origin and development。 They present traits of structure showing that social organization has laws which over…ride individual wills; and laws the disregard of which must be fraught with disaster。      And then; in the third place; there is that mass of guiding information yielded by the records of legislation in our own country and in other countries; which still more obviously demands attention。 Here and elsewhere; attempts of multitudinous kinds; made by kings and statesmen; have failed to do the good intended and have worked unexpected evils。 Century after century new measures like the old ones; and other measures akin in principle; have again disappointed hopes and again brought disaster。 And yet it is thought neither by electors nor by those they elect; that there is any need for systematic study of that law…making which in bygone ages went on working the ill…being of the people when it tried to achieve their well…being。 Surely there can be no fitness for legislative functions without the wide knowledge of those legislative experiences which the past has bequeathed。      Reverting; then; to the analogy drawn at the outset; we must say that the legislator is morally blameless or morally blameworthy; according as he has or has not acquainted himself with these several classes of facts。 A physician who; after years of study; has gained a competent knowledge of physiology; pathology and therapeutics; is not held criminally responsible if a man dies under his treatment: he has prepared himself as well as he can; and has acted to the best of his judgment。 Similarly the legislator whose measures produce evil instead of good; notwithstanding the extensive and methodic inquiries which helped him to decide; cannot be held to have committed more than an error of reasoning。 Contrariwise; the legislator who is wholly or in great part uninformed concerning these masses of facts which he must examine before his opinion on a proposed law can be of any value; and who nevertheless helps to pass that law; can no more be absolved if misery and mortality result; than the journeyman druggist can be absolved when death is caused by the medicine he ignorantly prescribes。 

NOTES:

1。 Political Institution; sections 437; 573。

2。 Ibid。; sections 471…3。

3。 Lanfrey。 See also Study of Sociology; p。 42; and Appendix。

4。 Constitutional History of England; ii。 p。 617。

5。 Lecky; Rationalism; ii。 293…4。

6。 De Tocqueville; The State of Society in France before the Revolution; p。 421。

7。 Young's Travels; i。 128…9。

8。 Craik's History of British Commerce; i。 134。

9。 Ibid。; 136…7。

10。 Ibid。; 137。

11。 Mensch; iii; p。 225。

12。 The Nineteenth Century; February; 1883。

13。 〃The Statistics of Legislation〃 By F。H。 Jansen; Esq。; F。L。S。; Vice…President ofthe Incorporated Law Society。

14。 Fire Surveys; or; a Summary of the Principles to be observed in Estimating the Risk of Buildings。

15。 See Times; October 6; 1874; where other instances are given。

16。 The State in its Relation to Trade; by Sir Thomas Farrer; p。 147。

17。 Ibid。; p。 149。

18。 Hansard; vol。 clvi。; p。 718; and vol。 clvii。; p。 4464。

19。 Letter of an Ediburgh M。D。 in Times of 17th January; 1876; verifying other testimonies; one of which I had previously cited concerning Windsor; where; as in Edinburgh; there was absolutely no typhoid in the undrained parts; while it was very fatal in the drained parts。 Study in Sociology; chap。 i。; notes。

20。 I say this partly from personal knowledge; having now before me memoranada made 25 years ago; concerning such results produced under my own observation。 Verifying facts have recently been given by Sir Richard Cross in the Nineteenth Century for January; 1884; p。 155。

21。 Nicholl's History of English Poor Law; ii。 p。 252。

22。 See Times; March 31; 1863。

23。 In these paragraphs are contained just a few additional examples。 Numbers which I have before given in books and essays; will be found in Social Statics (1851): 〃Over…Legislation〃 (1853); 〃Representative Government〃 (1857); 〃Specialized Administration〃 (1871); Study of Sociology (1873); and Postscript to ditto (1880); besides cases in smaller essays。

24。 On the Value of Political Economy to Mankind。 by A。N。 Cummings; pp。 47; 48。

25。 The saying of Emerson that most people can understand a principle only when its light falls on a fact; induces me here to cite a fact which may carry home the above principle to those on whom; in its abstract form; it will produce no effect。 It rarely happens that the amount of evil caused by fostering the vicious and good…for…nothing can be estimated。 But in America; at a meeting of the States Charities Aid Association; held on December 18; 1874; a startling instance was given in detail by Dr Harris。 It was furnished by a county on the Upper Hudson; remarkable for the ratio of crime and poverty to population。 Generations ago there had existed a certain 〃gutter…child;〃 as she would be here called; known as 〃Margaret;〃 who proved to be the prolific mother of a prolific race。 Besides great numbers of idiots; imbeciles; drunkards; lunatics; paupers; and prostitutes; 〃the county records show two hundred of her descendants who have been criminals。〃
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