Security of Life.—In civilized countries the blood feud, infanticide, putting to death the economically useless and the aged, have been abolished. Legalized slavery, serfdom, the subjection of the rights of wife and child to the will of husband and father, have been done away with. But many modern industries are conducted with more reference to financial gain than to life, and the annual roll of killed, injured, and diseased in factory and railway practically equals the list of dead and wounded in a modern war.[200] Most of these accidents are preventable. The willingness of parents on one side and of employers on the other, conjoined with the indifference of the general public, makes child-labor an effective substitute for exposure of children and other methods of infanticide practiced by savage tribes. Agitation for old-age pensions shows that faithful service to society for a lifetime is still inadequate to secure a prosperous old age.

Charity and Poverty.—Society provides assistance and remedial measures, poorhouses, asylums, hospitals. The exceedingly poor are a public charge, supported by taxes as well as by alms. Individuals are not supposed to die from starvation nor to suffer without any relief or assistance from physical defects and disease. So far, there is growth in positive provision for the right to live. But the very necessity for such extensive remedial measures shows serious defects farther back. It raises the question of social responsibility for the causes of such wholesale poverty and widespread misery. Taken in conjunction with the idleness and display of the congested rich, it raises the question how far we are advanced beyond barbarism in making organic provision for an effective, as distinct from formal, right to life and movement. It is hard to say whether the heavier indictment lies in the fact that so many shirk their share of the necessary social labor and toil, or in the fact that so many who are willing to work are unable to do so, without meeting recurrent crises of unemployment, and except under conditions of hours, hygiene, compensation, and home conditions which reduce to a low level the positive rights of life. The social order protects the property of those who have it; but, although historic conditions have put the control of the machinery of production in the hands of a comparatively few persons, society takes little heed to see that great masses of men get even that little property which is requisite to secure assured, permanent, and properly stimulating conditions of life. Until there is secured to and imposed upon all members of society the right and the duty of work in socially serviceable occupations, with due return in social goods, rights to life and free movement will hardly advance much beyond their present largely nominal state.

II. Rights to Mental Activity.—These rights of course are closely bound up with rights to physical well-being and activity. The latter would have no meaning were it not that they subserve purposes and affections; while the life of mind is torpid or remote, dull or abstract, save as it gets impact in physical conditions and directs them. Those who hold that the limitations of physical conditions have no moral signification, and that their improvement brings at most an increase of more or less materialistic comfort, not a moral advance, fail to note that the development of concrete purposes and desires is dependent upon so-called outward conditions. These conditions affect the execution of purposes and wants; and this influence reacts to determine the further arrest or growth of needs and resolutions. The sharp and unjustifiable antithesis of spiritual and material in the current conception of moral action leads many well-intentioned people to be callous and indifferent to the moral issues involved in physical and economic progress. Long hours of excessive physical labor, joined with unwholesome conditions of residence and work, restrict the growth of mental activity, while idleness and excess of physical possession and control pervert mind, as surely as these causes modify the outer and overt acts.

Freedom of Thought and Affection.—The fundamental forms of the right to mental life are liberty of judgment and sympathy. The struggle for spiritual liberty has been as prolonged and arduous as that for physical freedom. Distrust of intelligence and of love as factors in concrete individuals has been strong even in those who have proclaimed most vigorously their devotion to them as abstract principles. Disbelief in the integrity of mind, assertion that the divine principles of thought and love are perverted and corrupt in the individual, have kept spiritual authority and prestige in the hands of the few, just as other causes have made material possessions the monopoly of a small class. The resulting restriction of knowledge and of the tools of inquiry have kept the masses where their blindness and dullness might be employed as further evidence of their natural unfitness for personal illumination by the light of truth and for free direction of the energy of moral warmth.[201] Gradually, however, free speech, freedom of communication and intercourse, of public assemblies, liberty of the press and circulation of ideas, freedom of religious and intellectual conviction (commonly called freedom of conscience), of worship, and to some extent the right to education, to spiritual nurture, have been achieved. In the degree the individual has won these liberties, the social order has obtained its chief safeguard against explosive change and intermittent blind action and reaction, and has got hold of the method of graduated and steady reconstruction. Looked at as a mere expedient, liberty of thought and expression is the most successful device ever hit upon for reconciling tranquillity with progress, so that peace is not sacrificed to reform nor improvement to stagnant conservatism.[202]

Right and Duty of Education.—It is through education in its broadest sense that the right of thought and sympathy become effective. The final value of all institutions is their educational influence; they are measured morally by the occasions they afford and the guidance they supply for the exercise of foresight, judgment, seriousness of consideration, and depth of regard. The family, the school, the church, art, especially (to-day) literature, nurture the affections and imagination, while schools impart information and inculcate skill in various forms of intellectual technique. In the last one hundred years, the right of each individual to spiritual self-development and self-possession, and the interest of society as a whole in seeing that each of its members has an opportunity for education, have been recognized in publicly maintained schools with their ladder from kindergarten through the college to the engineering and professional school. Men and women have had put at their disposal the materials and tools of judgment; have had opened to them the wide avenues of science, history, and art that lead into the larger world's culture. To some extent negative exemption from arbitrary restriction upon belief and thought has been developed into positive capacities of intelligence and sentiment.

Restrictions from Inadequate Economic Conditions.—Freedom of thought in a developed constructive form is, however, next to impossible for the masses of men so long as their economic conditions are precarious, and their main problem is to keep the wolf from their doors. Lack of time, hardening of susceptibility, blind preoccupation with the machinery of highly specialized industries, the combined apathy and worry consequent upon a life maintained just above the level of subsistence, are unfavorable to intellectual and emotional culture. Intellectual cowardice, due to apathy, laziness, and vague apprehension, takes the place of despotism as a limitation upon freedom of thought and speech. Uncertainty as to security of position, the welfare of a dependent family, close men's mouths from expressing their honest convictions, and blind their minds to clear perception of evil conditions. The instrumentalities of culture—churches, newspapers, universities, theatres—themselves have economic necessities which tend to make them dependent upon those who can best supply their needs. The congestion of poverty on one side and of "culture" on the other is so great that, in the words of a distinguished economist, we are still questioning "whether it is really impossible that all should start in the world with a fair chance of leading a cultured life free from the pains of poverty and the stagnating influences of a life of excessive mechanical toil."[203] We provide free schools and pass compulsory education acts, but actively and passively we encourage conditions which limit the mass of children to the bare rudiments of spiritual nurture.

Restriction of Educational Influences.—Spiritual resources are practically as much the possession of a special class, in spite of educational advance, as are material resources. This fact reacts upon the chief educative agencies—science, art, and religion. Knowledge in its ideas, language, and appeals is forced into corners; it is overspecialized, technical, and esoteric because of its isolation. Its lack of intimate connection with social practice leads to an intense and elaborate over-training which increases its own remoteness. Only when science and philosophy are one with literature, the art of successful communication and vivid intercourse, are they liberal in effect; and this implies a society which is already intellectually and emotionally nurtured and alive. Art itself, the embodiment of ideas in forms which are socially contagious, becomes what it is so largely, a development of technical skill, and a badge of class differences. Religious emotion, the quickening of ideas and affections by recognition of their inexhaustible signification, is segregated into special cults, particular days, and peculiar exercises, and the common life is left relatively hard and barren.

In short, the limitations upon freedom both of the physical conditions and the mental values of life are at bottom expressions of one and the same divorce of theory and practice,—which makes theory remote, sterile, and technical, while practice remains narrow, harsh, and also illiberal. Yet there is more cause for hope in that so much has been accomplished, than for despondency because mental power and service are still so limited and undeveloped. The intermixture and interaction of classes and nations are very recent. Hence the opportunities for an effective circulation of sympathetic ideas and of reasonable emotions have only newly come into existence. Education as a public interest and care, applicable to all individuals, is hardly more than a century old; while a conception of the richness and complexity of the ways in which it should touch any one individual is hardly half a century old. As society takes its educative functions more seriously and comprehensively into account, there is every promise of more rapid progress in the future than in the past. For education is most effective when dealing with the immature, those who have not yet acquired the hard and fixed directing forms of adult life; while, in order to be effectively employed, it must select and propagate that which is common and hence typical in the social values that form its resources, leaving the eccentric, the partial, and exclusive gradually to dwindle. Upon some generous souls of the eighteenth century there dawned the idea that the cause of the indefinite improvement of humanity and the cause of the little child are inseparably bound together.

LITERATURE

Kant, Philosophy of Law, 1796 (trans. by Hastie, 1887); Fichte, The Science of Rights, 1798 (trans. by Kroeger, 1869); Rousseau, Social Contract, 1762 (trans. by Tozer, 1893); Bonar, Philosophy and Political Economy, 1893; Stephen, Science of Ethics, ch. iii. (on Social Motives); Caird, Social Philosophy of Comte, 1885; Sidgwick, Practical Ethics, 1898, Essay on Public Morality; Sidgwick, Elements of Politics, 1891, ch. iv. on Individualism, vi. on Contract, x. on Socialistic Interferences, xiii. on Law and Morality; Maine, Ancient Law, 1861, Pollock's ed., 1906, chs. iii. and iv. on law of nature and equity; Stephen, Essays in Political and Moral Philosophy, 1888; Rickaby, Political and Moral Essays, 1902; Hobhouse, Morals in Evolution, Vol. II., ch. vii. (on the general relation of the social and the moral). On the development of rights to life, limb, and freedom of movement, see Westermarck, chs. xiv.-xxii., and Sumner, Folkways, chs. vi., vii., and viii.; Hobhouse, Vol. I., ch. vii. (on slavery); Spencer, Ethics, Vol. II., Part IV. For charity, see Loch on Charity and Charities, Encyclopædia Britannica; Uhlhorn, Christian Charity in the Ancient Church; L'Allemand, Histoire de la Charité; Nicholl, History of the English Poor Law, 2 vols., 1898.