Perhaps the individual rights theory never manifested a greater aberration than in the mind of Friedrich Nietzsche (1844–1900). Power is supreme. The individual or the nation with the greatest power has the greatest right to live. Against this idea or the expressions of this idea, the weaker individuals tend to combine and to extol their weaknesses as virtues, even building a religion out of these glorified weaknesses, for example, Christianity. Nietzsche’s doctrine of the superman and the superstate will be discussed in [Chapter XXI].

Closely related to the discussions concerning natural rights and the social contract is the doctrine of utilitarianism, a modified form of individualism with certain objective standards. Jeremy Bentham (1748–1832) made utilitarianism well-known, and particularly the standard: The greatest good of the greatest number. In accordance with a formal idea of social change, Bentham urged that social improvements be made by legislation. He demanded objective standards as opposed to Kant’s emphasis on the inner motive. Where Kant accented the “how” of conduct, Bentham insisted on the “what” of conduct. He pointed out the need for improved forms of government, apparently ignoring or at least greatly underestimating the fact that real progress comes chiefly through modifying organic processes. However, Bentham may be rated a virile social reformer, for he strongly advocated such measures as the secret ballot, woman suffrage, trained statesmancraft. He made social welfare a main goal.

The doctrine of utilitarianism was carried forward by James Mill (1773–1836) and was brought to its highest fruition by the son, John Stuart Mill (1806–1873). The elder Mill contended that utility is morality. Like Bentham the elder Mill urged many social reforms.

John Stuart Mill adopted a modified form of the natural rights theory. He asserted that the individual should have all the rights that he can exercise without infringing upon the equal rights of other individuals. Mill recognized a gradation in the pleasures which satisfy individuals. He declared that it is better to be a man dissatisfied than a pig satisfied; he objected to the prevailing classification of people on the basis of poverty and wealth, and urged the substitution of standards of personal worth, honor, and true leadership as bases for social classification.

Sir Henry Maine (1832–1888) invented the phrase: From status to contract. He applied this phrase to a program of social welfare. There are many illustrations, he pointed out, in business and industrial life, and even in political and fraternal activities where people make social contracts. The marriage contract also has many of the characteristics of a genuine social contract. Maine pushed the social contract idea to its furthest practical point; but deprecated the possibility that the masses might come into power. His individualism deprived him of a faith in the possible social development of the uneducated.

Herbert Spencer, whose ideas will be discussed more extensively in a subsequent chapter, became one of the chief exponents of the doctrine of laissez faire in governmental matters. He brought a vast reading knowledge and able arguments to the support of individualistic doctrines. He added very little that was new to individualistic and laissez faire theories although he was at one time perhaps their leading exponent. One of his chief contributions to social thought was indirect and unintentional, namely, the way in which his writings challenged the attention of an American paleontologist, Lester F. Ward, and led him to point out the psychical nature and hence telic possibilities of civilization. In consequence of this challenge Spencer fell, and Ward rose to the rank of dean of American sociologists. An entire chapter will be devoted to the sociology of Lester F. Ward.

William G. Sumner (1840–1910) was the last noted champion of a governmental laissez faire doctrine. He held that the State owes nothing to anybody except peace, order, and the guarantee of rights. It is not true that the poor ought to care for each other, and that the churches ought to collect capital and spend it for the poor; it is not true that if you get wealth you should support others; and that if you do not get wealth others ought to support you. In a society based on contract there is no place for sentiment in public or common affairs.[XI-28] Every individual will develop the self-reliance of a free person, if he is not taught that others will care for him in case he fails to care for himself. Sumner spoke vigorously as well as harshly in support of liberty, contract, and private property. Although he took an extreme and untenable position his ideas will bear careful, unbiased study, for they contain a large amount of common sense. His ethnological work will be indicated at some length in another chapter.

A noteworthy statement which has come from a current American school of legal thinkers concerning individualistic social thought, is found in the writings of Professor Roscoe Pound of Harvard Law School. In “A Theory of Social Interests” he has summed up the new point of view.[XI-29] In the last century all interests were thought of in terms of individual interests, all were reduced to their purely individual elements and considered as rights.

In this century, Dean Pound indicates that law, for example, aims primarily to conserve some general social interest. It conserves the social interest in the general security, that is, in public health and in peace. It conserves the social interest in institutions,—domestic, religious, political. It conserves the social interest in natural resources, preventing the waste of oil and gas and protecting water rights. It conserves the social interest in general progress, in economic, political, cultural progress, although its main contribution in other fields, such as promoting the esthetic interests, are yet to be made. It conserves the social interests in individual life and in seeing that people live humanly and that the will of the individual is not trodden upon. Legal processes have thus become types of social engineering.

The doctrine of natural rights reached its largest degree of acceptance in England, France, and the United States. It was not only reflected in the thought of Thomas Jefferson but in the fundamental principles upon which the United States was established. It suffered an aberration in the form of the social contract theory which in its extreme forms was later repudiated. Its greatest weakness was the exaggerated form which it assumed, especially in England and the United States. In the latter country it became greatly magnified through contact with the spirit of discovery, invention, and pioneering which prevailed for over a century. Consequently, it dominated the thought life of the United States throughout the nineteenth century. It permitted captains of industry to exploit the helpless masses, and encouraged politicians to pursue selfish practices until governments became honeycombed with graft. It nearly capsized the good Ship of State—Democracy.