Mill has his remedy for this deeply seated evil. He attacks, as Bentham had already done, the old-fashioned theory, according to which the British Constitution was an admirable mixture of the three 'simple forms.' Two of the powers, he argues, will always agree to 'swallow up the third.'[92] 'The monarchy and aristocracy have all possible motives for endeavouring to obtain unlimited power over the persons and property of the community,' though the democracy, as he also says, has every possible motive for preventing them. And in England, as he no doubt meant his readers to understand, the monarchy and aristocracy had to a great extent succeeded. Where, then, are we to look? To the 'grand discovery of modern times,' namely, the representative system. If this does not solve all difficulties we shall be forced to the conclusion that good government is impossible. Fortunately, however, the representative system may be made perfectly effective. This follows easily. It would, as he has said,[93] be a 'contradiction in terms' to suppose that the community at large can 'have an interest opposite to its interest,' In the Bentham formula, it can have 'no sinister interest.' It cannot desire its own misery. Though the community cannot act as a whole, it can act through representatives. It is necessary to intrust power to a governing body; but that body can be prevented by adequate checks from misusing its powers. Indeed, the common theory of the British Constitution was precisely that the House of Commons was 'the checking body.'[94] The whole problem is to secure a body which shall effectively discharge the function thus attributed in theory to the House of Commons. That will be done when the body is chosen in such a way that its interests are necessarily coincident with those of the community at large. Hence there is of course no difficulty in deducing the actual demands of reformers. Without defining precise limits, he shows that representatives must be elected for brief periods, and that the right to a vote must at least be wide enough to prevent the electoral body from forming a class with 'sinister interests.' He makes some remarkable qualifications, with the view apparently of not startling his readers too much by absolute and impracticable claims. He thinks that the necessary identity of interest would still be secured if classes were unrepresented whose interests are 'indisputably included in those of others.' Children's interests are involved in those of their parents, and the interests of 'almost all women' in those of their fathers or husbands.[95] Again, all men under forty might be omitted without mischief, for 'the great majority of old men have sons whose interests they regard as an essential part of their own. This is a law of human nature.'[96] There would, he observes, be no danger that men above forty would try to reduce the 'rest of the community to the state of abject slaves.' Mill, as his son tells us,[97] disowned any intention of positively advocating these exclusions. He only meant to say that they were not condemned by his general principle. The doctrine, however, about women, even as thus understood, scandalised his younger followers.
Real Estate Report
The English Utilitarians, Volume II (of 3) — Part 37
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