The continual danger to liberty created by law arises, not from the encroachments of Governments, which are always regarded with suspicion, but from the immense utility and consequent popularity of law, and the terrifying danger and obvious inconvenience of anarchy; so that even pirates appoint and obey a captain. Law soon acquires such a good character that people will believe no evil of it; and at this point it becomes possible for priests and rulers to commit the most pernicious crimes in the name of law and order. Creeds and laws come to be regarded as applications to human conduct of eternal and immutable principles of good and evil; and breakers of the law are abhorred as sacrilegious scoundrels to whom nothing is sacred. Now this, I need not tell you, is a very serious error. No law is so independent of circumstances that the time never comes for breaking it, changing it, scrapping it as obsolete, and even making its observance a crime. In a developing civilization nothing can make laws tolerable unless their changes and modifications are kept as closely as possible on the heels of the changes and modifications in social conditions which development involves. Also there is a bad side to the very convenience of law. It deadens the conscience of individuals by relieving them of the ethical responsibility of their own actions. When this relief is made as complete as possible, it reduces a man to a condition in which his very virtues are contemptible. Military discipline, for example, aims at destroying the individuality and initiative of the soldier whilst increasing his mechanical efficiency, until he is simply a weapon with the power of hearing and obeying orders. In him you have legality, duty, obedience, self-denial, submission to external authority, carried as far as it can be carried; and the result is that in England, where military service is voluntary, the common soldier is less respected than any other serviceable worker in the community. The police constable, who is a civilian and has to use his own judgment and act on his own responsibility in innumerable petty emergencies, is by comparison a popular and esteemed citizen. The Roman Catholic peasant who consults his parish priest instead of his conscience, and submits wholly to the authority of his Church, is mastered and governed either by statesmen and cardinals who despise his superstition, or by Protestants who are at least allowed to persuade themselves that they have arrived at their religious opinions through the exercise of their private judgment. The moral evolution of the social individual is from submission and obedience as economizers of effort and responsibility, and safeguards against panic and incontinence, to willfulness and self-assertion made safe by reason and self-control, just as plainly as his physical growth leads him from the perambulator and the nurse's apron strings to the power of walking alone, and from the tutelage of the boy to the responsibility of the man. But it is useless for impatient spirits (like you and I, for instance) to call on people to walk before they can stand. Without high gifts of reason and self-control: that is, without strong common-sense, no man yet dares trust himself out of the school of authority. What he does is to claim gradual relaxations of the discipline, so as to have as much liberty as he thinks is good for him, and as much government as he thinks he needs to keep him straight. If he goes too fast he soon finds himself asking helplessly, "What ought I to do?" and so, after running to the doctor, the lawyer, the expert, the old friend, and all the other quacks for advice, he runs back to the law again to save him from all these and from himself. The law may be wrong; but anyhow it spares him the responsibility of choosing, and will either punish those who make him look ridiculous by exposing its folly, or, when the constitution is too democratic for this, at least guarantee that the majority is on his side.[54]
Race Review
Expository Writing — Part 115
2026-11-16 04:17:12 · The Daily Ledger
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