FOOTNOTES:
[655] [Recognized by Tucker as the originator of Anarchism, so far as any man can claim this title. See Bailie's life of Warren.]
[656] [At present (1908) a bi-monthly magazine.]
[657] [Or rather a selection.]
[658] Tucker p. 21.
[659] Ib. p. 112.
[660] Ib. p. 24.
[661] Ib. pp. 24, 64.
[662] Ib. p. 64.
[663] Tucker p. 35. [This passage refers merely to what it mentions, the alleged intent utterly to destroy society. As to identity of interests, I believe Tucker's position is that the interest of society is that of almost every individual.]
[664] Ib. p. 24.
[665] Ib. p. 24.
[666] Ib. p. 132.
[667] Ib. p. 42. [Eltzbacher does not seem to perceive that Tucker uses this as a ready-made phrase, coined by Herbert Spencer and designating Spencer's well-known formula that in justice "every man has freedom to do all that he wills, provided he infringes not the equal freedom of any other man.">[
[668] Ib. p. 41.
[669] Ib. p. 64.
[670] Tucker p. 35. [This citation is again irrelevant, but Eltzbacher's misapplication of it does not misrepresent Tucker's views.]
[671] Ib. p. 65.
[672] Ib. p. 15.
[673] Ib. p. 59. [It should be understood that a great part of "Instead of a Book" is made up of the reprints of discussions with various opponents whose language is quoted and alluded to.]
[674] Ib. p. 23.
[675] Ib. p. 67.
[676] Ib. p. 153.
[677] Ib. p. 135. [Since the publication of "Instead of a Book" Tucker has had a notable discussion of the child question in "Liberty," which, while developing much disagreement on this point among Tucker's friends, has at least brought definiteness into the judgments passed upon it.]
[678] Tucker p. 78.
[679] Ib. p. 23.
[680] Ib. p. 23.
[681] Ib. p. 59. [The wording of this clause is so thoroughly Eltzbacher's own that his quotation-marks appear unjustifiable; but the doctrine is Tucker's.]
[682] Ib. p. 81.
[683] Ib. p. 80.
[684] Ib. p. 167.
[685] Tucker p. 23.
[686] Ib. pp. 60, 52, 158, 104, 167.
[687] Ib. p. 25.
[688] Ib. p. 60. [But see below, [page 200], where Tucker's page 60 is quoted verbatim.]
[689] Ib. p. 312.
[690] Ib. p. 312. [Tucker is not likely to think that he is fairly represented without a fuller quotation: "not only the facts, but the law, the justice of the law, its applicability to the given circumstances, and the penalty or damage to be inflicted because of its infraction." He would emphasize "the justice of the law"—a juryman will disregard a law that he disapproves. Tucker here prefixes "All rules and laws will be little more than suggestions for the guidance of juries." Nevertheless the juryman is to be guided by norm and not by caprice: see "Liberty" Sept. 7, 1895, where he says: "I am asked by a correspondent if I would 'passively see a woman throw her baby into the fire as a man throws his newspaper'. It is highly probable that I would interfere in such a case. But it is as probable, and perhaps more so, that I would personally interfere to prevent the owner of a masterpiece by Titian from applying the torch to the canvas. My interference in the former case no more invalidates the mother's property right in her child than my interference in the latter case would invalidate the property right of the owner of the painting. If I interfere in either case, I am an invader, acting in obedience to my injured feelings. As such I deserve to be punished. I consider that it would be the duty of a policeman in the service of the defence association to arrest me for assault. On my arraignment I should plead guilty, and it would be the duty of the jury to impose a penalty on me. I might ask for a light sentence on the strength of the extenuating circumstances, and I believe that my prayer would be heeded. But, if such invasions as mine were persisted in, it would become the duty of the jury to impose penalties sufficiently severe to put a stop to them.">[
[691] Tucker p. 312.
[692] Ib. p. 52.
[693] Ib. pp. 156-7. [Compare the exact words of this passage as quoted on [page 200] below.]
[694] Ib. p. 131. [Not verbatim.]
[695] Ib. p. 60.
[696] Ib. p. 61.
[697] Tucker p. 52.
[698] Ib. p. 24.
[699] Ib. pp. 146, 350.
[700] Ib. p. 48.
[701] Ib. p. 48.
[702] Ib. p. 158.
[703] Ib. p. 51.
[704] Ib. p. 158.
[705] Tucker pp. 157-8.
[706] Ib. p. 25.
[707] Ib. p. 22.
[708] Ib. p. 23.
[709] Ib. p. 23.
[710] Tucker p. 22.
[711] Ib. p. 23.
[712] Ib. p. 169.
[713] Ib. p. 115. [The words are Lucien V. Pinney's, but Tucker quotes them approvingly.]
[714] Ib. pp. 426-7.
[715] Ib. p. 57.
[716] Ib. p. 25.
[717] Tucker pp. 25-6.
[718] Ib. p. 57.
[719] Ib. p. 26.
[720] Ib. p. [32-]33.
[721] Tucker p. 54.
[722] Ib. p. 53.
[723] Ib. pp. 26-7.
[724] Ib. pp. 158-9.
[725] Tucker p. 44. [See my note below, [page 195].]
[726] Ib. p. 35.
[727] Ib. p. 321.
[728] Ib. p. 32.
[729] Ib. p. 44. [Or rather p. 167, and sundry other passages; on p. 44 see my note below, [page 195].]
[730] Ib. p. 342.
[731] Ib. p. 48.
[732] Tucker pp. 44-5. [All this is a discussion of the characteristics which the State of to-day would have to possess if it were to deserve to be characterized as a voluntary association. The same conditions must of course be fulfilled by any future voluntary association; but it does not follow that all the points mentioned are such as Anarchistic associations would have most occasion to contemplate.]
[733] Tucker p. 56.
[734] Ib. pp. 56-7.
[735] Ib. p. 24.
[736] Ib. p. 44. [For context and limitations see [page 195] of the present book.]
[737] Ib. p. 158.
[738] Ib. p. 32. [It is not necessary that taxation exist, though it may be altogether presumable that it will. Still less is it necessary that the taxation be considerable in amount.]
[739] Tucker pp. 36-7.
[740] Ib. p. 37.
[741] Ib. p. 43.
[742] Tucker p. 414.
[743] Ib. p. 159. [Tucker himself would assuredly have given the emphasis of "especially" to the mutual banks. The defensive associations receive especially frequent mention because of the need of incessantly answering the objection "If we lose the State, who will protect us against ruffians?" but Tucker certainly expects that the defensive association will from the start fill a much smaller sphere in every respect than the present police. See e. g. "Instead of a Book" p. 40.]
[744] Ib. p. 25.
[745] Ib. p. 25.
[746] Ib. p. 52.
[747] Ib. p. 40.
[748] Tucker p. 32.
[749] Ib. pp. 326-7.
[750] Ib. p. 36.
[751] Ib. p. 167. [But the restraint of aggressions against those with whom the association has no contract, and also the possible refusal to pay any attention to some particular class of aggressions which it may be thought best to let alone, are optional; in these respects the association will do what seems best to serve the interests (including the pleasure, altruistic or other) of its members; those who do not approve the policy adopted may quit the association if they like.]
[752] Tucker p. 39.
[753] Ib. p. 55 [where Tucker explicitly refuses to approve this statement unless he is allowed to add the caveat "if by the words wrong doing is meant invasion">[.
[754] Ib. p. 56.
[755] Ib. p. 56.
[756] Ib. pp. 156-7. [But accompanied by a disapproval of the ordinary practice of capital punishment.]
[757] Ib. p. 60 [where the particular torture under discussion is failure to "feed, clothe, and make comfortable" the prisoners].
[758] Ib. p. 312. [But "Anarchism, as such, neither believes nor disbelieves in jury trial; it is a matter of expediency," pp. 55-6.]
[759] Tucker p. 56.
[760] Ib. p. 312.
[761] Ib. p. 26.
[762] Ib. p. 178.
[763] Ib. pp. 178, 177.
[764] Ib. p. 241.
[765] Ib. p. 177. [This is given as an answer to the question here quoted next, about "surplus wealth.">[
[766] Ib. p. 177. [Quoted from N. Y. "Truth.">[
[767] Ib. p. 178.
[768] Tucker p. 178.
[769] Ib. p. 178. [Not verbatim.]
[770] Ib. p. 11.
[771] Tucker p. 11.
[772] Ib. p. 12.
[773] Ib. p. 12.
[774] Ib. p. 12.
[775] Ib. p. 178.
[776] Ib. p. 12. [This is given as the view of Proudhon and Warren; the next sentence states Tucker's belief that for perfect correctness it should be modified by admitting that a small fraction of ground-rent, tending constantly to a minimum, would persist even then, but would be no cause for "serious alarm.">[
[777] Tucker pp. 12-13.
[778] Ib. p. 12.
[779] Ib. p. 13.
[780] Ib. pp. 12-13, 178.
[781] Ib. pp. 59-60.
[782] Tucker p. 67.
[783] Ib. p. 131.
[784] Ib. p. 185. [Quoted, with express approval, from A. B. Brown.]
[785] Ib. p. 60.
[786] Ib. p. 61.
[787] Ib. p. 178.
[788] Ib. p. 273.
[789] Ib. p. 274.
[790] Ib. p. 374.
[791] Tucker p. 272.
[792] Ib. p. 198.
[793] Ib. p. 248.
[794] Ib. p. 226.
[795] Ib. p. 474.
[796] Tucker p. 287.
[797] Ib. pp. 274-5.
[798] Ib. p. 287.
[799] Ib. p. 178.
[800] Ib. p. 11.
[801] Ib. p. 243.
[802] Ib. p. 275.
[803] Ib. p. 299.
[804] Ib. p. 325.
[805] Ib. p. 275.
[806] Ib. p. 325. [Meaning, of course, John Stuart Mill's "unearned increment" in the value of land.]
[807] Ib. pp. 12-13.
[808] Tucker pp. 474, 178.
[809] Ib. p. 12.
[810] Ib. p. 13.
[811] Ib. p. 403.
[812] Ib. p. 403.
[813] Ib. p. 470.
[814] Ib. p. 362. ["Socialism" is here used as including Anarchism; and Tucker prefers so to use the word.]
[815] Ib. p. [347-]348.
[816] Tucker pp. 332-3.
[817] Ib. p. 333.
[818] Ib. p. 348.
[819] Tucker p. 104.
[820] Ib. p. 114.
[821] Ib. pp. 77-8.
[822] Ib. p. 416.
[823] Tucker pp. 397, 413.
[824] Ib. p. 413.
[825] Ib. p. 397.
[826] Ib. p. 428.
[827] Ib. p. 428 [where the subject is not "violence" of all sorts great and small, but "terrorism and assassination">[.
[828] Ib. p. 439.
[829] Tucker p. 397.
[830] Ib. p. 428.
[831] Ib. p. 440.
[832] Ib. p. 428 [with limiting context quoted above, [page 211]]
[833] Ib. p. 440.
[834] Ib. p. 45.
[835] Ib. p. 45 [where nothing is said as to whether the work is the better or the worse for being "isolated">[.
[836] Tucker p. 412.
[837] Ib. p. 423.
[838] Ib. p. 423.
[839] Ib. p. 423.
[840] Tucker p. 27.
[841] Ib. pp. 423-4.
[842] Ib. pp. 416, 439.
[843] Ib. p. 45.
[844] Tucker p. 114.
[845] Ib. p. 158.
[846] Ib. p. 114.
[847] Ib. p. 487.
[848] Ib. p. 427.
[849] Ib. p. 429.
[850] Ib. pp. 428-9.
[851] Tucker p. 439.
[852] Ib. p. 329 [where the course it must take is somewhat more precisely described].
[853] Ib. p. 413.
[854] Ib. p. 415.
[855] Ib. p. 413.
[856] Tucker pp. 415-16.
[857] Ib. p. 412.
[858] Tucker pp. 412-13. [This chapter should be completed by a mention of Tucker's doctrine that we must expect Anarchy to be established by gradually getting rid of one oppression after another till at last all the domination of violence shall have disappeared. See, for instance, "Liberty" for December, 1900: "The fact is that Anarchist society was started thousands of years ago, when the first glimmer of the idea of liberty dawned upon the human mind, and has been advancing ever since,—not steadily advancing, to be sure, but fitfully, with an occasional reversal of the current. Mr. Byington looks upon the time when a jury of Anarchists shall sit, as a point not far from the beginning of the history of Anarchy's growth, whereas I look upon that time as a point very near the end of that history. The introduction of more Anarchy into our economic life will have made marriage a thing of the past long before the first drawing of a jury of Anarchists to pass upon any contract whatever." Also "Instead of a Book" p. 104: "Anarchists work for the abolition of the State, but by this they mean not its overthrow, but, as Proudhon put it, its dissolution in the economic organism. This being the case, the question before us is not, as Mr. Donisthorpe supposes, what measures and means of interference we are justified in instituting, but which ones of those already existing we should first lop off." Tucker has lately been laying more emphasis on this view than on the more programme-like propositions cited by Eltzbacher, which date from the first six years of the publication of "Liberty." Indeed, I am sure I remember that somewhere lately, being challenged as to the feasibility of some of the latter, he admitted that those precise forms of action might perhaps not be adequate to bring the State to its end, and added that the end of the State is at present too remote to allow us to specify the processes by which it must ultimately be brought about. All this, however, does not mean that Tucker's faith in passive resistance as the most potent instrument discoverable both for propaganda and for the practical winning of liberty has grown weaker; he has no more given up this principle than he has given up the plan of propaganda by discussion.]
CHAPTER IX
TOLSTOI'S TEACHING 1.—GENERAL
I. Lef Nikolayevitch Tolstoi was born in 1828 at Yasnaya Polyana, district of Krapivna, government of Tula. From 1843 to 1846 he studied in Kazan at first oriental languages, then jurisprudence; from 1847 to 1848, in St. Petersburg, jurisprudence. After a lengthy stay at Yasnaya Polyana, he entered an artillery regiment in the Caucasus, in 1851; he became an officer, remained in the Caucasus till 1853, then served in the Crimean war, and left the army in 1855.
Tolstoi now lived at first in St. Petersburg. In 1857 he took a lengthy tour in Germany, France, Italy, and Switzerland. After his return he lived mostly in Moscow till 1860. In 1860-1861 he traveled in Germany, France, Italy, England, and Belgium; in Brussels he made the acquaintance of Proudhon.
Since 1861 Tolstoi has lived almost uninterruptedly at Yasnaya Polyana, as at once agriculturist and author.
Tolstoi has published numerous works; his works up to 1878 are mostly stories, among which the two novels "War and Peace" and "Anna Karenina" are notable; his later works are mostly of a philosophical nature.
2. Of special importance for Tolstoi's teaching about law, the State, and property are his works "My Confession" (1879), "The Gospel in Brief" (1880), "What I Believe" (1884) [also known in English as "My Religion">[, "What Shall We Do Then?" (1885), "On Life" (1887), "The Kingdom of God is Within You; or, Christianity not a mystical doctrine, but a new life-conception" (1893).
3. Tolstoi does not call his teaching about law, the State, and property "Anarchism." He designates as "Anarchism" the teaching which sets up as its goal a life without government and wishes to see this realized by the application of force.[859]