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Proposed Roads to Freedom

Chapter 5 GOVERNMENT AND LAW

Word Count: 6891    |    Released on: 28/11/2017

overnment 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 aga

nd love, and thought. Such things can be helped or hindered by political conditions, but not actually produced by them; and free

sire to tyrannize would be much less strong than it is at present. Nevertheless, I cannot think that it would be wholly absent, and those in whom it would exist would often be men of unusual energy and executive capacity. Such men, if they are not restrained by the organized will of the community, may either succeed in establishing a despotism, or, at any rate, make such a vigorous attempt as can only be defeated through a period of prolonged disturbance. And apart from the love or political power, there is the love of power over individuals. If threats and terrorism were not prevented by law, it can hardly be doubted that cruelty would be rife in the relations of men and women, and of parents and children. It is true that the habits of a community can make such cruelty rare, but these habits, I fear, are only to be produced through the prolonged reign of law. Experience

ch the State dislikes can be punished by the criminal law, and individuals

he State, as we know it, will disappear. Among the measures which are advocated in the Communist Manifesto as immediately desirable, there are several which would very greatly increase the power of the existing State. For example, ``Centralization

ely 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,

ntagonisms, we shall have an association, in which; the free develo

nist Manif

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 author- ities will deal with different classes of questions. Guild Socialists do not regard the industrial authority as forming part of the State, for they contend that it

by which a decision is en- forced upon those who oppose it.[48] The whole system of representative government and majority rule is to him a bad thing.[49] He points to such instances as the agreements among the different railway systems of the Continent for the running of through expresses and for co-operation generally. He points out that in such cases the different companies or authorities concerned each appoint a delegate, and that the delegates suggest a basis of agreement, which has to be subsequently ratified by each of the

ere can be no State without government, it has been sometimes said that it is the

that of government. It not only includes the existence of a power placed above society, but also a territorial concentration and a concentr

notice at first sight, appears clearly when the origin

ross 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

t it results from impatience and represents the attempt to fin

there will be men and women, otherwise sane, who will feel an impulse to commit murder from jealousy. These are now usually restrained by the fear of punishment, but if this fear were removed, such murders would probably become much more common, as may be seen from the present behavior of certain soldiers on leave. Moreover, certain kinds of conduct arouse public hostility, and would almost inevitably lead to lynching, if no other recognized method of punishment existed. There is in most men a certain natural vindictiveness, not always directed against the worst members of the community. For example, Spinoza was very nearly murdered by the mob because he was suspected of undue friendliness to France at a time when Holland was at war with that country. Apart from such cases, there would be the very real danger of an organized attempt to destroy Anarchism and revive ancient oppressions. Is it to be supposed, for example, that Napoleon, if he had been born into such a community as Kropotkin advocates,

xcellent discussion in the before-

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 p

hist Communi

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

The

es of v

tions intended to subvert t

t has been said already as to th

opriating such valuable objects of art as would naturally be preserved in public museums. It may be contended that such forms of theft would be prevented by public opinion. But public opinion is not greatly operative upon an individual unless it is the opinion of his own group. A group of men combined for purposes of theft might readily defy the public opinion of the majority unless that public opinion made itself effective by the use of force against them. Probably,

t is to be feared that the customs of a society would gradually become rougher, and that acts which are now rare would cease to be so. If Anarchists are right in maintaining that the existence of such an economic system as they desire would prevent the commission

rties 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

he 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 serious study of refor

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.

al 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

experience of the prison system. He personally met with n

hists, 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 of the crimina

ry reason to think that this power cannot be entirely abolished, though it can be exercised in a who

community. Like all men who administer a system, they will come to feel the system itself sacrosanct. The only changes they will desire will be changes in the direction of further regulations as to how the people are to enjoy the good things kindly granted to them by their benevolent despots. Whoever thinks this picture overdrawn must have failed to study the influence and methods of Civil Servants at present. On every matter that arises, they know far more than the general public about all the DEFINITE facts involved; the one thing they do not know is ``where the shoe pinches.'' But those who know th

try, have had bitter experience of the way in which the power of the State can be employed against a progressive minority. This experience has led them to abandon altogether the belief in the divine right of majorities. The Constitution that they would desire would be one which allowed scope for vigorous minorities, conscious of their aims and prepared to wor

ce their will upon the nation. The action aimed at is compared to the seizure of a power station, by which a whole vast system can be paralyzed. Such a doctrine is an appeal to force, and is naturally met by an appeal to force on the other side. It is useless for the Syndicalists to protest that they only desire power in order to promote liberty: the world which they are seeking to establish does not, as yet, appeal to the effective will of the community, and cannot be st

with the proposal to force the millennium on a reluctant community by starvation,

lected representatives, and a feeling that no man can retain his position in politics without deceit. This is as much the fault of the democracy as of the representatives, but it seems unavoidable so long as the main thing that all bodies of men demand of their champions is flattery. However the blame may be apportioned, the evil must be recognized as one which is bound to occur in the existing forms of democracy. Another evil, which is especially noticeable in large States, is the remoteness of the seat of government from many of the constituencies-a remoteness which is psychological even more than geographical. The legislators live in comfort, protected b

rous 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 const

serve 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

gress 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 rea

Bell,

-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 Gu

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 m

r discussion of the

med 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 woul

ess and against liberty. The State, though at present a source of much evil, is also a means to certain good things, and will be needed so long as violent and destructive impulses remain common. But it is MERELY a means, and a means which needs to be very carefully and sparingly used if it is not to do more harm than good. It is not the State, but the community, the worldwide community of all human beings present and future, that we ought to serve. And a good community does not spring from the glory of the State, but from the unfettered development of individuals: from happiness in daily life, from congenial work

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