Part 2 (1/2)

[26] Arnold. _Culture and Anarchy_, chap. ii.

[27] Ritchie. _Natural Rights_, p. 135.

[28] Seeley: _op. cit._, p. 103.

III. LIBERTY AS FREEDOM FROM FOREIGN CONTROL

”A free nation,” says Sir William Temple, ”is that which has never been conquered, or thereby entered into any condition of subjection.”[29] In this sense of freedom from foreign domination liberty is the immemorial boast of Britons. They never have been, or will be, slaves. They are, and they are determined to remain--so they proudly sing--free as the waves that wash their sh.o.r.es, free as the winds that sweep their hills.

They are resolved that no alien tyrant shall plant his foot upon their necks. As in the Middle Ages they repudiated the claim of German Emperors and Ultramontane Popes to exercise political sovereignty over them; as in more modern times they resisted conquest by the Spaniard Philip and the Corsican Napoleon; even so would they resist to the extreme limit of endurance any attempt to-day to reduce them to servitude. The proposition that freedom in this sense of national independence is consistent with compulsory military service needs no demonstration at all. So far from there being any incompatibility between the two, it is probable that only by means of a manhood universally trained to the use of arms can the freedom of Britain and the integrity of the Empire be ultimately maintained. We shall almost certainly have to choose, not between national service and liberty, but between national service and destruction.

FOOTNOTE:

[29] Temple. _Works_ ii, p. 87.

IV. LIBERTY AS SYNONYMOUS WITH RESPONSIBLE GOVERNMENT

In a second and somewhat looser sense ”Liberty is regarded as the equivalent of Parliamentary government.”[30] We speak of one type of Const.i.tution as ”free” and of another type as ”unfree.” The so-called ”free” type of government is that in which political power rests in the hands of the Democracy, whereas in ”unfree” States the people are in subjection to a ruling person or cla.s.s. From the point of view of the individual subject this distinction has no meaning at all. For the laws pa.s.sed by a Democratic Parliament are coercive and compulsory in precisely the same manner and degree as are the laws of a despotic monarchy or a close oligarchy. There is, indeed, a ”tyranny of the majority” which can be quite as oppressive to the individual as the tyranny of the one or the few, and much less easy to evade. From the point of view of the enfranchised community, however, the term ”free”

has a meaning, and its use can be defended. For if the electorate be regarded as a unit, akin to an organism, government becomes self-government, and any obligations which the community places upon itself by means of laws can be looked upon as self-limitations, imposed by free-will and capable of removal at any moment by the unfettered exercise of the power which imposed them. From this communal point of view, however, it is evident that national service involves no diminution of liberty. The community becomes not one whit less free because it decides to train itself in the use of arms and to mobilize all its resources for military purposes. It retains its capacity to demobilize any time it likes, to lay aside its arms, to pension off its drill sergeants, and to return to the paths of pacificism whenever it seems safe to do so.

FOOTNOTE:

[30] Seeley: _op. cit._, p. 114.

V. LIBERTY AS ABSENCE OF RESTRAINT

It cannot be denied, however, that compulsory military service does interfere with the power of the _individual_ to do as he likes. He is forced, whether he wants to or not, to undergo certain discipline in time of peace, and to face uncertain danger in time of war. National service, then, is a restriction of his liberty, if by liberty is meant the absence of all restraint. Now this is precisely the sense in which the term is most frequently used. ”Quid est libertas?” (What is liberty?), asked Cicero, and he replied: ”Potestas vivendi ut velis”

(The power of living as you like).[31] ”Freedom,” said Sir Robert Filmer, ”is the liberty for everyone to do what he lists, to live as he pleases, and not to be tied by any laws.”[32] Even Locke, Filmer's great opponent, admitted that ”the natural liberty of man is to be free from any superior power on earth.” But who is the man who possesses this unlimited natural liberty to live as he likes, and to act as he pleases, subject to no superior power on earth? He is either a Robinson Crusoe, existing alone on a desert island, or he is an anarchist living in the midst of anarchists, and acknowledging no civil government whatsoever.

In the latter case his career is likely to be as ”poor, nasty, brutish, and short” as that of the primitive savage depicted by Hobbes. For if one man is free to live as he likes, subject to no superior power, so are all. Hence in such a society of absolute freemen, human law is totally abrogated, no life is protected, no property safeguarded.

Everyone, so far as his power avails, does what he pleases, takes what he covets, slays whom he hates. When his power ceases to avail, that is when a stronger than he appears upon the scene, he is himself liable to be despoiled and killed. Such is the state of society in which absolute liberty obtains. It is a chaos of incessant civil war, where ”every man is enemy to every man.” Its unfortunate victims, the possessors of unrestricted liberty, find that there is

War among them, and despair Within them, raging without truce or term.[33]

It is from this intolerable condition of perfect freedom that government saves a man. But it saves him--and in no other way can it possibly do so--by taking away from both himself and his fellows alike and in equal measure, part of their insufferable birthright of liberty.

The very essence of government is restriction, compulsion, law. Under government, then, whatever may be its form, no man is free in the sense of being exempt from restraint. Natural liberty gives place in organized society to civil liberty, which is a much more modest and limited thing.

”Civil liberty,” says Blackstone, ”is no other than natural liberty so far restrained by human laws as is necessary and expedient for the general advantage of the public.”[34] In the same sense Austin defines it as ”the liberty from legal obligation which is left or granted by a sovereign government to any of its own subjects.”[35] But the most luminous definition is that of Montesquieu, who says: ”La liberte est le droit de faire tout ce que les lois permettent.”[36] Those who would understand what true civil or political liberty is, and what are its necessary limitations, should imprint this profound utterance upon their memories, and employ it as a universal test of sound thinking on the subject.