Political Thought in England from Locke to Bentham

by Harold J. Laski

Broadly, that is to say, Burke would not realize that the reign of political privilege was drawing to its close. That is the real meaning of the French Revolution and therein it represents a stream of tendency not less active in England than abroad. In France, indeed, the lines were more sharply drawn than elsewhere. The rights men craved were not, as Burke insisted, the immediate offspring of metaphysic fancy, but the result of a determination to end the malignant wrong of centuries. A power that knew no responsibility, war and intolerance that derived only from the accidental caprice of the court, arrest that bore no relation to offence, taxation inversely proportionate to the ability to pay, these were the prescriptive privileges that Burke invited his generation to accept as part of the accumulated wisdom of the past. It is not difficult to see why those who swore their oath in the tennis-court at Versailles should have felt such wisdom worthy to be condemned. Burke's caution was for them the timidity of one who embraces existent evils rather than fly to the refuge of an accessible good. In a less degree, the same is true of England. The constitution that Burke called upon men to worship was the constitution which made the Duke of Bedford powerful, that gave no representation to Manchester and a member to Old Sarum, which enacted the game laws and left upon the statute-book a penal code which hardly yielded to the noble attack of Romilly. These, which were for Burke merely the accidental excrescences of a noble ideal, were for them its inner essence; and where they could not reform they were willing to destroy.

The revolutionary spirit, in fact, was as much the product of the past as the very institutions it came to condemn. The innovations were the inevitable outcome of past oppression. Burke refused to see that aspect of the picture. He ascribed to the crime of the present what was due to the half-wilful errors of the past. The man who grounded his faith in historic experience refused to admit as history the elements alien from his special outlook. He took that liberty not to venerate where he was unable to comprehend which he denied to his opponents. Nor did he admit the uses to which his doctrine of prescription was bound to be put in the hands of selfish and unscrupulous men. No one will object to privilege for a Chatham; but privilege for the Duke of Grafton is a different thing, and Burke's doctrine safeguards the innumerable men of whom Grafton is the type in the hope that by happy accident some Chatham will one day emerge. He justifies the privileges of the English Church in the name of religious well-being; but it is difficult to see what men like Watson or Archbishop Cornwallis have got to do with religion. The doctrine of prescription might be admirable if all statesmen were so wise as Burke; but in the hands of lesser men it becomes no more than the protective armour of vested interests into the ethics of which it refuses us leave to examine.

That suspicion of thought is integral to Burke's philosophy, and it deserves more examination than it has received. In part it is a rejection of the Benthamite position that man is a reasoning animal. It puts its trust in habit as the chief source of human action; and it thus is distrustful of thought as leading into channels to which the nature of man is not adapted. Novelty, which is assumed to be the outcome of thought, it regards as subversive of the routine upon which civilization depends. Thought is destructive of peace; and it is argued that we know too little of political phenomena to make us venture into the untried places to which thought invites us. Yet the first of many answers is surely the most obvious fact that if man is so much the creature of his custom no reason would prevail save where they proved inadequate. If thought is simply a reserve power in society, its strength must obviously depend upon common acceptance; and that can only come when some routine has failed to satisfy the impulses of men.

But we may urge a difficulty that is even more decisive. No system of habits can ever hope to endure long in a world where the cumulative power of memory enables change to be so swift; and no system of habits can endure at all unless its underlying idea represents the satisfaction of a general desire. It must, that is to say, make rational appeal; and, indeed, as Aristotle said, it can have virtue only to the point where it is conscious of itself. The uncritical routine of which Burke is the sponsor would here deprive the mass of men of virtue. Yet in modern civilization the whole strength of any custom depends upon exactly that consciousness of right which Burke restricted to his aristocracy. Our real need is less the automatic response to ancient stimulus than power to know what stimulus has social value. We need, that is to say, the gift of criticism rather than the gift of inert acceptance. Not, of course, that the habits which Burke so earnestly admired are at all part of our nervous endowment in any integral sense. The short space of the French Revolution made the habit of thinking in terms of progress an essential part of our intellectual inheritance; and where the Burkian school proclaims how exceptional progress has been in history, we take that as proof of the ease with which essential habit may be acquired. Habit, in fact, without philosophy destroys the finer side of civilized life. It may leave a stratum to whom its riches have been discovered; but it leaves the mass of men soulless automata without spontaneous response to the chords struck by another hand.

Burke's answer would, of course, have been that he was not a democrat. He did not trust the people and he rated their capacity as low. He thought of the people—it was obviously a generalization from his time—as consistently prone to disorder and checked only by the force of ancient habit. Yet he has himself supplied the answer to that attitude. "My observation," he said in his Speech on the East India Bill, "has furnished me with nothing that is to be found in any habits of life or education which tends wholly to disqualify men for the functions of government." We can go further than that sober caution. We know that there is one technique only capable of securing good government and that is the training of the mass of men to interest in it. We know that no State can hope for peace in which large types of experience are without representation. Indeed, if proof were here wanting, an examination of the eighteenth century would supply it. Few would deny that statesmen are capable of disinterested sacrifice for classes of whose inner life they are ignorant; yet the relation between law and the interest of the dominant class is too intimate to permit with safety the exclusion of a part of the State from sharing in its guidance. Nor did Burke remember his own wise saying that "in all disputes between the people and their rulers the presumption is at least upon a par in favor of the people"; and he quotes with agreement that great sentence of Sully's which traces popular violence to popular suffering. No one can watch the economic struggles of the eighteenth and nineteenth centuries or calculate the pain they have involved to humble men, without admitting that they represent the final protest of an outraged mind against oppression too intolerable to be borne. Burke himself, as his own speeches show, knew little or nothing of the pain involved in the agrarian changes of his age. The one way to avoid violent outbreak is not exclusion of the people from power but their participation in it. The popular sense of right may often, as Aristotle saw, be wiser than the opinion of statesmen. It is not necessary to equate the worth of untrained commonsense with experienced wisdom to suggest that, in the long run, neglect of common sense will make the effort of that wisdom fruitless.

This, indeed, is to take the lowest ground. For the case against Burke's aristocracy has a moral aspect with which he did not deal. He did not inquire by what right a handful of men were to be hereditary governors of a whole people. Expediency is no answer to the question, for Bentham was presently to show how shallow was that basis of consent. Once it is admitted that the personality of men is entitled to respect institutional room must be found for its expression. The State is morally stunted where their powers go undeveloped. There is something curious here in Burke's inability to suspect deformity in a system which gave his talents but partial place. He must have known that no one in the House of Commons was his equal. He must have known how few of those he called upon to recognize the splendor of their function were capable of playing the part he pictured for them. The answer to a morally bankrupt aristocracy is surely not the overwhelming effort required in its purification when the plaintiff is the people; for the mere fact that the people is the plaintiff is already evidence of its fitness for power. Burke gave no hint of how the level of his governing class could be maintained. He said nothing of what education might accomplish for the people. He did not examine the obvious consequences of their economic status. Had his eyes not been obscured by passion the work of that States-General the names in which appeared to him so astonishing in their inexperience, might have given him pause. The "obscure provincial advocates ... stewards of petty local jurisdictions ... the fomenters and conductors of the petty war of village vexation" legislated, out of their inexperience, for the world. Their resolution, their constancy, their high sense of the national need, were precisely the qualities Burke demanded in his governing class; and the States-General did not move from the straight path he laid down until they met with intrigue from those of whom Burke became the licensed champion.

Nor is it in the least clear that his emphasis upon expediency is, in any real way, a release from metaphysical inquiry. Rather may it be urged that what was needed in Burke's philosophy was the clear avowal of the metaphysic it implied. Nothing is more greatly wanted in political inquiry than discovery of that "intuition more subtle than any articulate major premise" which, as Mr. Justice Holmes has said, is the true foundation of so many of our political judgments. The theory of natural rights upon which Burke heaped such contempt was wrong rather in its form than in its substance. It clearly suffered from its mistaken effort to trace to an imaginary state of nature what was due to a complex experience. It suffered also from its desire to lay down universal formulæ. It needed to state the rights demanded in terms of the social interests they involved rather than in the abstract ethic they implied. But the demands which underlay the thought of men like Price and Priestley was as much the offspring of experience as Burke's own doctrine. They made, indeed, the tactical mistake of seeking to give an unripe philosophic form to a political strategy wherein, clearly enough, Burke was their master. But no one can read the answers of Paine and Mackintosh, who both were careful to avoid the panoply of metaphysics, to the Reflections, without feeling that Burke failed to move them from their main position. Expediency may be admirable in telling the statesmen what to do; but it does not explain the sources of his ultimate act, nor justify the thing finally done. The unconscious deeps which lie beneath the surface of the mind are rarely less urgent than the motives that are avowed. Action is less their elimination than their index; and we must penetrate within their recesses before we have the full materials for judgment.

Considered in this fashion, the case for natural rights is surely unanswerable. The things that men desire correspond, in some rough fashion, to the things they need. Natural rights are nothing more than the armour evolved to protect their vital interests. Upon the narrow basis of legal history it is, of course, impossible to protect them. History is rather the record of the thwarting of human desire than of its achievement. But upon the value of certain things there is a sufficient and constant opinion to give us assurance that repression will ultimately involve disorder. Nor is there any difference between the classes of men in this regard. Forms, indeed, will vary; and the power we have of answering demand will always wait upon the discoveries of science. Our natural rights, that is to say, will have a changing content simply because this is not a static world. But that does not mean, as Burke insisted, that they are empty of experience. They come, of course, mainly from men who have been excluded from intimate contact with the fruits of power. Nonconformists in religion, workers without land or capital save the power of their own hands, it is from the disinherited that they draw, as demands, their strength. Yet it is difficult to see, as Burke would undoubtedly have insisted, that they are the worse from the source whence they derive. Rather do they point to grave inadequacy in the substance of the state, inadequacy neglect of which has led to the cataclysms of historic experience. The unwillingness of Burke to examine into their foundation reveals his lack of moral insight into the problem he confronted.

That lack of insight must, of course, be given some explanation; and its cause seems rooted in Burke's metaphysic outlook. He was profoundly religious; and he did not doubt that the order of the universe was the command of God. It was, as a consequence, beneficent; and to deny its validity was, for him, to doubt the wisdom of God. "Having disposed," he wrote, "and marshalled us by a divine tactic, not according to our will, but to His, He had, in and by that disposition, vitally subjected us to act the part which belongs to the place assigned us." The State, in fact, it is to be built upon the sacrifice of men; and this they must accept as of the will of God. We are to do our duty in our allotted station without repining, in anticipation, doubtless, of a later reward. What we are is thus the expression of his goodness; and there is a real sense in which Burke may be said to have maintained the inherent rightness of the existing order. Certainly he throws a cloak of religious veneration about the purely metaphysical concept of property; and his insistence upon the value of peace as opposed to truth is surely part of the same attitude. Nor is it erroneous to connect this background with his antagonism to the French Revolution. What there was most distressing to him was the overthrowal of the Church, and he did not hesitate, in very striking fashion, to connect revolutionary opinion with infidelity. Indeed Burke, like Locke, seems to have been convinced that a social sense was impossible in an atheist; and his Letters on a Regicide Peace have a good deal of that relentless illogic which made de Maistre connect the first sign of dissent from ultramontanism with the road to a denial of all faith. Nothing is more difficult than to deal with a thinker who has had a revelation; and this sense that the universe was a divine mystery not to be too nearly scrutinized by man grew greatly upon Burke in his later years. It was not an attitude which reason could overthrow; for its first principle was an awe in the presence of facts to which reason is a stranger.

There is, moreover, in Burke a Platonic idealism which made him, like later thinkers of the school, regard existing difficulties with something akin to complacent benevolence. What interested him was the idea of the English State; and whatever, as he thought, deformed it, was not of the essence of its nature. He denied, that is to say, that the degree to which a purpose is fulfilled is as important as the purpose itself. A thing becomes good by the end it has in view; and the deformities of time and place ought not to lead us to deny the beauty of the end. It is the great defect of all idealistic philosophy that it should come to the examination of facts in so optimistic a temper. It never sufficiently realizes that in the transition from theoretic purpose to practical realization a significant transformation may occur. We do not come to grips with the facts. What we are bidden to remember is the splendor of what the facts are trying to be. The existing order is beatified as a necessary stage in a beneficent process. We are not to separate out the constituent elements therein, and judge them as facts in time and space. Society is one and indivisible; and the defects do not at any point impair the ultimate integrity of the social bond.