The Elements of Politics - Henry Sidgwick - Google Libros

Libros

Imágenes de páginas

well as Dareste's Constitutions Modernes, and Demombyne's Constitutions Européennes. Among American books to which I am indebted I may especially mention the Federalist, and Story's Commentaries on the Constitution of the United States: I wish also to acknowledge my obligations to the Political Science Quarterly-edited by the University Faculty of Political Science of Columbia College-and the Studies in Historical and Political Science, published under the auspices of the Johns Hopkins University. Finally, in speaking of the works of others by which I have profited, I must not omit to mention an unpublished course of lectures on the relation of Political Science to History, delivered in the University of Cambridge by my friend and colleague, Mr. J. R. Seeley, who has kindly allowed me to read it in MS.

The books and articles by which, after arriving at certain conclusions, I have subsequently found my reasonings substantially anticipated, are so numerous, that I forbear to attempt even a selection from them: but I shall make an exception in favour of Mr. Bruce Smith's Liberty and Liberalism, on account of the fundamental importance of the current confusion of thought which this writer has anticipated me in attempting to remove.2

In such a work as the present, there seemed to be a special need of securing a comprehensive and many-sided consideration of the various topics included. Impressed with the difficulty of realising this unaided, I have allowed myself, in seeking comments and corrections from others, to encroach on the leisure and to trespass on the indulgence of my friends

1 I regret that the work on Political Science and Comparative Constitutional Law, recently published by a member of this faculty-Mr. J. W. Burgessdid not reach me till my own book was so far advanced that I did not feel able to make use of it.

2 I ought perhaps to add that my political views do not agree closely with those of Mr. Bruce Smith.

to an unusual extent. I am specially grateful to Mr. James Bryce, M.P., and Mr. A. V. Dicey, who have read through the proofs of the whole of the work in its original form; and whose suggestions and criticisms, and memoranda on special points, have been of the utmost value to me. The kindness of several other friends-among whom I would especially mention the Earl of Lytton, Mr. F. W. Maitland, and Mr. T. Thornely-has similarly aided me with instructive comments on selected portions of the book which I have submitted to them. One of these latter-Albert Rutson-whose stores of information and reflection were ungrudgingly placed at my service in several letters and conversations, has unhappily been taken from us before the completion of my work.

Finally, for the index appended to the volume, which I hope will materially increase its usefulness, I am indebted to Mr. James Welton, B.A., scholar of Gonville and Caius College.

1 Several chapters have been subsequently added, enlarged, or almost entirely rewritten, in consequence of the criticisms of my friends.

CONTENTS

SCOPE AND METHOD OF POLITICS

1. The Theory of Politics, as here expounded, is concerned

with human societies, regarded as possessing Govern-

2. Its primary aim is to determine what the constitution and

action of Government ought to be: accordingly its

method is not primarily historical

3. but deductive, based on psychological propositions not

universally and absolutely true, but approximately true

of civilised men.

4. It has two main divisions; one concerned with the

Functions of Government, internal and external, and

the other mainly with its Structure

PAGES

FUNDAMENTAL CONCEPTIONS OF POLITICS

1. Let us first examine the conceptions of Government and

Law, taking as a basis Austin's view of Law as the

aggregate of commands of the Sovereign, whose power

is legally unlimited .

2. Austin's view is difficult to apply to constitutional law:

but we may regard the civil law of a modern civilised

state as a body of rules laid down by a supreme organ

of its ordinary government.

3. "Obligation" denotes the relation of a rule or command

to a will constrained by it: a Right" is the same

fact regarded in relation to the person to whom the

obligation is intended to be useful

GENERAL PRINCIPLES OF LEGISLATION

1. Assuming generally an orderly community, let us consider

on what principle the laws defining the primary civil

rights of the governed should be determined.

2. The ultimate standard here adopted is conduciveness to

general happiness. .

3. There are various possible methods of promoting general

happiness; but the one mainly adopted in the legis-

lation and other action of modern government is based on

the Individualistic principle; according to which the

efforts of government should be concentrated on the

prevention of mutual interference among the governed.

INDIVIDUALISM AND INDIVIDUALISTIC MINIMUM

1. The Individualism here marked out must be distin-

guished from that which takes Freedom-absence of

physical and moral coercion-as the ultimate and sole

end of governmental interference.

2. An examination of the chief civil rights that modern

governments actually aim at securing, under the heads

of Personal Security, Property, and Contract, shows that

the fundamental aim is not merely to prevent mutual

coercion, but to prevent mutual harm and annoyance

and interference with each one's efforts to procure the

means of happiness.

3. No Individualist would apply "Laisser Faire" except to

sane adults: hence an Individualistic scheme must pro-

vide for the sustenance and care of children, and

regulate the relations of the sexes with a view to this.

4. The Individualistic determination of rights of property

and contract will be discussed in the next two chap-

ters. Besides the protection of these rights, legal

repression of physical annoyance, of deception, of inti-

midation, of disturbance of social relations by slander

or otherwise, seems also to some extent necessary on the

Individualistic principle: though it is not in all these

cases easy to define generally the conduct that law

should prohibit.

1. The Right of Property in material things, as commonly

understood, includes the right to use, to exclude others

from using, to deteriorate or destroy, and to alienate ;-

perhaps also to bequeath, but this last element I shall

treat separately.

2. On the Individualistic principle the first discoverer

may be allowed to appropriate, if the opportunities of

others are not thereby materially impaired; but the

appropriator of land will usually owe compensation to

society for diminished opportunities of obtaining utility.

3. Appropriation of land for cultivation carries with it the

appropriation of vegetable products and tame animals.

The cases of uncultivated land and wild animals are

more doubtful: but the appropriation of the former

and indirectly of the latter may be justified-from the

utilitarian point of view here taken-by demonstrated

increase of utility

4. Appropriation of the surface does not necessarily carry

with it a right to all minerals below the surface and

in the case of rare and valuable minerals, it is best not

to give the owner an exclusive right of extraction. The

appropriation of land reclaimed from water depends on

the labour required for reclamation

5. Rights of partial use of material things may be appro-

priated and transferred. Among other property-rights,

copyrights, and-in a more limited degree-patents,

may be justified on the Individualistic principle.

6. For general security, ancient bonâ fide possession must be

admitted as a valid title to property.

1. Enforcement of Contract is fundamentally important in an

individualistic system. The term is here used in a

wide sense, to include agreements modifying rights

in rem as well as those that only give rise to rights in

2. It is generally expedient to enforce contracts, if delibe-

rately made between persons possessing at the time

« Anterior Continuar »