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the man versus the state-第3章
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ut those higher ranges of intellectual vision concerned with things not presentable to the senses; and; among others; such things as political institutions and political measures。 For when thinking of these; too; the results of inadequate intellectual faculty; or inadequate culture of it; or both; are erroneous classings and consequent erroneous conclusions。 Indeed; the liability to error is here much greater; since the things with which the intellect is concerned do not admit of examination in the same easy way。 You cannot touch or see a political institution: it can be known only by an effort of constructive imagination。 Neither can you apprehend by physical perception a political measure: this no less requires a process of mental representation by which its elements are put together in thought; and the essential nature of the combination conceived。 Here; therefore; still more than in the cases above named; defective intellectual vision is shown in grouping by eternal characters; or extrinsic circumstances。 How institutions are wrongly classed from this cause; we see in the common notion that the Roman Republic was a popular form of government。 Look into the early ideas of the French revolutionists who aimed at an ideal state of freedom; and you find that the political forms and deeds of the Romans were their models; and even now a historian might be named who instances the corruptions of the Roman Republic as showing us what popular government leads to。 Yet the resemblance between the institutions of the Romans and free institutions properly so…called; was less than that between a shark and a porpoise a resemblance of general eternal form accompanying widely different internal structures。 For the Roman Government was that of a small oligarchy within a larger oligarchy: the members of each being unchecked autocrats。 A society in which the relatively few men who had political power; and were in a qualified sense free; were so many petty despots; holding not only slaves and dependents but even children in a bondage no less absolute than that in which they held their cattle; was; by its intrinsic nature; more nearly allied to an ordinary despotism than to a society of citizens politically equal。 Passing now to our special question; we may understand the kind of confusion in which Liberalism has lost itself; and the origin of those mistaken classings of political measures which have misled it classings; as we shall see; by conspicuous eternal traits instead of by internal natures。 For what; in the popular apprehension and in the apprehension of those who effected them; were the changes made by Liberals in the past? They were abolitions of grievances suffered by the people; or by portions of them: this was the common trait they had which most impressed itself on men's minds。 They were mitigations of evils which had directly or indirectly been felt by large classes of citizens; as causes of misery or as hindrances to happiness。 And since; in the minds of most; a rectified evil is equivalent to an achieved good; these measures came to be thought of as so many positive benefits; and the welfare of the many came to be conceived alike by Liberal statesmen and Liberal voters as the aim of Liberalism。 Hence the confusion。 The gaining of a popular good; being the eternal conspicuous trait common to Liberal measures in earlier days (then in each case gained by a relaxation of restraints); it has happened that popular good has come to be sought by Liberals; not as an end to be indirectly gained by relaxations of restraints; but as the end to be directly gained。 And seeking to gain it directly; they have used methods intrinsically opposed to those originally used。 And now; having seen how this reversal of policy has arisen (or partial reversal; I should say; for the recent Burials Act and the efforts to remove all remaining religious inequalities; show continuance of the original policy in certain directions); let us proceed to contemplate the extent to which it has been carried during recent times; and the still greater extent to which the future will see it carried if current ideas and feelings continue to predominate。
Before proceeding; it may be well to say that no reflections are intended on the motives which prompted one after another of these various restraints and dictations。 These motives were doubtless in nearly all cases good。 It must be admitted that the restrictions placed by an Act of 1870; on the employment of women and children in Turkey…red dyeing works; were; in intention; no less philanthropic than those of Edward VI; which prescribed the minimum time for which a journeyman should be retained。 Without question; the Seed Supply (Ireland) Act of 1880; which empowered guardians to buy seed for poor tenants; and then to see it properly planted; was moved by a desire for public welfare no less great than that which in 1533 prescribed the number of sheep a tenant might keep; or that of 1597; which commanded that decayed houses of husbandry should be rebuilt。 Nobody will dispute that the various measures of late years taken for restricting the sale of intoxicating liquors; have been taken as much with a view to public morals as were the measures taken of old for checking the evils of luxury; as; for instance; in the fourteenth century; when diet as well as dress was restricted。 Everyone must see that the edicts issued by Henry VIII to prevent the lower classes from playing dice; cards; bowls; etc。; were not more prompted by desire for popular welfare than were the Acts passed of late to check gambling。 Further; I do not intend here to question the wisdom of these modern interferences; which Conservatives and Liberals vie with one another in multiplying; any more than to question the wisdom of those ancient ones which they in many cases resemble。 We will not now consider whether the plans of late adopted for preserving the lives of sailors; are or are not more judicious than that sweeping Scotch measure which; in the middle of the fifteenth century; prohibited captains from leaving harbour during the winter。 For the present; it shall remain undebated whether there is a better warrant for giving sanitary officers powers to search certain premises for unfit food; than there was for the law of Edward III; under which innkeepers at seaports were sworn to search their guests to prevent the exportation of money or plate。 We will assume that there is no less sense in that clause of the Canal…boat Act; which forbids an owner to board gratuitously the children of the boatmen; than there was in the Spitalfields Acts; which; up to 1824; for the benefit of the artisans; forbade the manufacturers to fix their factories more than ten miles from the Royal Exchange。 We exclude; then; these questions of philanthropic motive and wise judgement; taking both of them for granted; and have here to concern ourselves solely with the compulsory nature of the measures which; for good or evil as the case may be; have been put in force during periods of Liberal ascendancy。 To bring the illustrations within compass; let us commence with 1860; under the second administration of Lord Palmerston。 In that year; the restrictions of t
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