Part 2 (2/2)

”Liberty is the right to do all that the laws allow”--no more, and no less. Liberty, then, in the sphere of politics, is not the absence of all restraint whatsoever, but only the absence of all restraint except that of the law. Thus the freedom of which Britons boast--”English liberty”--is not a licence to anyone to do as he likes, but is merely the right of everyone to do what the laws of England permit, and it is a splendid possession merely because the laws of England are eminent for justice and equity. ”English liberty” is perfectly consistent, as we all admit, with compulsory registration, vaccination, education, taxation, insurance, inspection, and countless other legal coercions. From our cradles to our graves we are beset behind and before by government regulations; yet we rightly a.s.sert that we are free. If then the laws of England add one more coercion, and proclaim anew the duty of universal military service, not only will they do a thing consonant with justice and equity, they will also do a thing which does not in the smallest degree diminish any individual's civil liberty.[37]

FOOTNOTES:

[31] Cicero. _Parad._, v, 1.

[32] Filmer. _Patriarcha_, quoted and criticized by Locke, _On Government_, book ii, chap. iv.

[33] Sh.e.l.ley. _Ode to Liberty_, Canto 2. Compare the description of _Huriyeh_ (Liberty) given by Sir Mark Sykes in _The Caliphs' Last Heritage_. I quote the following from a review in _The Spectator_, of November 27th, 1915: Sir Mark Sykes saw _Huriyeh_ (Liberty) at work in the distant provinces of the Empire. ”What, O father of Mahmud,” he said to an old Arab acquaintance, ”is this _Huriyeh_?” The ”father of Mahmud”

replied without hesitation ”that there is no law and each one can do all he likes.” Neither was this lawless interpretation of liberty confined to Moslems. The Greek Christians in the neighbourhood of Hebron were ”armed to the teeth and glad of _Huriyeh_, for they say they can now raid as well as other men.” In Anatolia, a muleteer who had been discharged from Sir Mark Sykes's service ”spent all his time singing 'Liberty--Equality--Fraternity,' the reason being that the Committee at Smyrna released him from prison, where he was undergoing sentence for his third murder.”

[34] Blackstone. _Commentaries_, i, 140.

[35] Austin. _Jurisprudence_, p. 274.

[36] Montesquieu. _Esprit des Lois_, p. 420.

[37] _Cf._ Philip Snowden, _Socialism and Syndicalism_, p. 175. ”When all submit to law imposed by the common will for the common good, the law is not slavery, but true liberty.”

VI. LIBERTY AS THE OPPORTUNITY FOR SERVICE

Liberty as absence of restraint is, however, a merely negative thing; it is a ”being let alone.” Some great writers, John Stuart Mill for example, treat it as though it had only this negative character, and as though to be let alone were necessarily and in itself a good thing. But others have truly and forcefully shown, first, that to be let alone may sometimes be a doubtful blessing, and, secondly, that liberty has a further and positive aspect not less important than the negative. Sir J.

F. Stephen, in his _Liberty, Equality, Fraternity_, vigorously criticizes Mill's negative theory. Matthew Arnold in _Culture and Anarchy_ (a work which well repays perusal at the present time) pours delightful but destructive ridicule upon ”our prevalent notion that it is a most happy and important thing for a man merely to be able to do as he likes.” Thomas Carlyle, in _Past and Present_ and elsewhere, vehemently expounds a positive ideal of liberty which involves strenuous work for the good of man and for social advancement. ”If liberty be not that,” he concludes, ”I for one have small care about liberty.” But first in eminence among the exponents of the positive aspect of liberty stands Thomas Hill Green, of Oxford. In his works he contends that liberty is more than absence of restraint, just as beauty is more than absence of ugliness.[38] He holds that it includes also ”a positive power or capacity of doing or enjoying something worth doing or enjoying.” He agrees with Mazzini that complete freedom is ”found only in that satisfying fulfilment of civic duties to which rights, however precious, are but the vestibule.”[39] He looks at freedom, that is to say, from the communal and not from the individual point of view. Man is a political animal, and only in an organized society can he attain his highest development. It is not good for man to be alone; each individual needs the companions.h.i.+p and co-operation of his fellows; no one in solitude can attain even to self-realization. Hence, government is more than a restraining power; it is also an organizing power. It not only prevents its subjects from injuring one another; it places them where they can most effectively aid one another and work together for the common weal. It frees their faculties from the impotence of isolation, and opens up to them the unbounded possibilities of corporate activity.

Hence, liberty on its positive side becomes merged in national service, in the broad sense of the fulfilment of the duties of citizens.h.i.+p. Thus he is an enemy of freedom who holds himself aloof from his fellows and declines to bear his share in the general burden. If, then, the State calls upon all its subjects to join together in undertaking the supreme task of national defence, every true lover of liberty must respond ”Here am I.”

FOOTNOTES:

[38] Green, _Principles of Political Obligation_, p. 110-5.

[39] _Cf._ MacCunn, _Six Radical Thinkers_, p. 259.

III

THE VOLUNTARY PRINCIPLE

[Reprinted from the _Morning Post_ of December 28th, 1915.]

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