THE PARADOX OF POLITICAL OBLIGATION: SELF-GOVERNMENT.
1. To every-day common sense there is something paradoxical in the phenomena of political obligation; however it may acquiesce in what, although not satisfactorily explicable, is plainly seen to be necessary. Where, indeed, we meet with any form of absolutely despotic government, we have not so much a paradox as a defect; for, although government may exist in such a shape, it is open to question how far true political obligation can be said to arise under such a system. In as far as it does so, we shall find that the fact is due to unacknowledged conditions and relations, which we shall more easily analyse as they appear in free or constitutional states. It would then be easy to show, if we were interested in doing so, that the principles which will have been recognised as operative in the freest states known to history, are and have been, in various degrees, at the root of the common life of every state or community which has held together effectively enough to be treated as in any sense a political whole. But this would be a historical investigation, unnecessary for the purpose of pure {54} social theory. In this we may fairly start from the highest form of political experience, in which, as we shall see, the mere defects of political immaturity being outgrown, the paradox of political obligation emerges with intensified emphasis.
Let us take as our starting point, then, the conception of “self-government,” to which, it will be admitted on all hands, the thought and feeling of mature communities has clung both in ancient and modern times, as in some way containing the true root and ground of political obligation. We shall find in it a striking illustration of the strength and weakness of wide-spread popular notions. A universal popular notion cannot but have a hold of some essential truth, otherwise it could not survive and spread, and form a working theory for an immense area of experience. On the other hand, a popular notion, as such, cannot be critical of itself and aware of its own foundations; and so in defending and applying itself it is pretty sure to plunge deep into fallacy. “Self-government” is an idea which will be found, as has been said, to contain the true ground and nature of political obligation. But the rough and ready application of it which, for example, represents the individual as simply one with the community, and the community therefore as infallible in its action affecting him, is a pure example of fallacy, and may be justly characterised as a confusion pretending to be a synthesis. Of this idea as of so many we must say that those who have pronounced it to be self-contradictory have understood it much better than most of those who accept it as self-evident.
In the conception of self-government then we {55} have the paradox of obligation in its purest form. As applied to the individual himself, it gives the paradox of Ethical Obligation. As applied to the individuals who compose a society, it gives the paradox of Political Obligation. This must be the preliminary distinction by which we approach the subject; but we shall find that the two problems and the two cases cannot be ultimately separated, although they are to be distinguished in a certain respect.
The paradox of Ethical Obligation starts from what is accepted as a “self,” and asks how it can exercise authority or coercion over itself; how, in short, a metaphor drawn from the relations of some persons to others can find application within what we take to be the limits of an individual mind. [1]
[1] On this problem, see below, p. 139.
The paradox of Political Obligation starts from what is accepted as authority or social coercion, and asks in what way the term “self,” derived from the “individual” mind, can be applicable at once to the agent and patient in such coercion, exercised prima facie by some persons over others. Both relations and their connection have been pointed out by Plato. [1]
[1] Republic, 430, 431.
Our object in the present chapter is to enforce the reality of the difficulties which attach to the idea of political self-government, so long as current assumptions as to the union of individuals in society are maintained. And for this purpose we are to examine the views of some very distinguished philosophers to whom the paradox has appeared irreconcilable, and law or government has seemed {56} essentially antagonistic to the self or true individuality of man; while the term self, if applied to the collective group by or within which government is undoubtedly exercised, appears to them an empty and misleading expression. The curious and significant point, to which we shall call attention, is, in brief, that while maintaining law and government to be in their nature antagonistic to the self of man—whether as pain to pleasure or as fetters to individuality—they nevertheless admit with one voice that a certain minimum of this antagonistic element is necessary to the development of the sentient or rational self. We have here a dualism which challenges examination.
2. The attitude towards law and government which Bentham adopted (1748-1832) was in a great degree that of the philanthropic reformer. His principle of the greatest happiness of the greatest number is said [1] to have been derived from Beccaria, whose work on “Crimes and Penalties” had great influence throughout Europe. And Howard, “the philanthropist,” who was just twenty-two years Bentham’s senior (1726-1790), represented a revolt against the abuses of the treatment of criminals at that time, by which Bentham, who eulogised him as “a martyr and apostle,” was strongly affected. The movement which Bentham led was, in short, markedly hostile to the existing system of law, and to the reasonings of its advocates. And substantial as his knowledge and constructive genius proved to be, it never lost the character which the direction of his approach to the subject had marked upon it, a character of suspicion and antagonism, which is {57} expressed in his description of law as a necessary evil, and government as a choice of evils. [2]