Among other vices ascribed to democracy, we are told that it is against science, and that "even in our day vaccination is in the utmost danger" (p. 98). The instance is for various reasons not a happy one. It is not even precisely stated. I have never understood that vaccination is in much danger. Compulsory vaccination is perhaps in danger. But compulsion, as a matter of fact, was strengthened as the franchise went lower. It is a comparative novelty in English legislation (1853), and as a piece of effectively enforced administration it is more novel still (1871). I admit, however, that it is not endured in the United States; and only two or three years ago it was rejected by an overwhelming majority on an appeal to the popular vote in the Swiss Confederation. Obligatory vaccination may therefore one day disappear from our statute book, if democracy has anything to do with it. But then the obligation to practise a medical rite may be inexpedient, in spite of the virtues of the rite itself. That is not all. Sir Henry Maine will admit that Mr. Herbert Spencer is not against science, and he expresses in the present volume his admiration for Mr. Spencer's work on Man and the State. Mr. Spencer is the resolute opponent of compulsory vaccination, and a resolute denier, moreover, of the pretension that the evidence for the advantages of vaccination takes such account of the ulterior effects in the system as to amount to a scientific demonstration. Therefore, if science demands compulsory vaccination, democracy in rejecting the demand, and even if it went further, is at least kept in countenance by some of those who are of the very household of science. The illustration is hardly impressive enough for the proposition that it supports.

Another and a far more momentous illustration occurs on another page (37). A very little consideration is enough to show that it will by no means bear Sir Henry Maine's construction. "There is, in fact," he says, "just enough evidence to show that even now there is a marked antagonism between democratic opinion and scientific truth as applied to human societies. The central seat in all Political Economy was from the first occupied by the theory of Population. This theory … has become the central truth of biological science. Yet it is evidently disliked by the multitude and those whom the multitude permits to lead it."

Sir Henry Maine goes on to say that it has long been intensely unpopular in France, and this, I confess, is a surprise to me. It has usually been supposed that a prudential limitation of families is rooted in the minds and habits of nearly, though not quite, all classes of the French nation. An excellent work on France, written by a sound English observer seven or eight years ago, chances to be lying before me at the moment, and here is a passage taken almost at random. "The opinions of thoughtful men seem to tend towards the wish to introduce into France some of that improvidence which allows English people to bring large families into the world without first securing the means of keeping them, and which has peopled the continent of North America and the Australian colonies with an English-speaking race" (Richardson's Corn and Cattle Producing Districts of France, p. 47, etc.). Surely this is a well-established fact. It is possible that denunciations of Malthus may occasionally be found both in Clerical and Socialistic prints, but then there are reasons for that. It can hardly be made much of a charge against French democracy that it tolerates unscientific opinion, so long as it cultivates scientific practice.

As for our own country, and those whom the multitude permits to lead it, we cannot forget that by far the most popular and powerful man in faece Romuli—as Sir Henry Maine insists on our putting it in that polite way—was tried and condemned not many years ago for publishing a certain pamphlet which made a limitation of population the very starting-point of social reform. It is not necessary to pronounce an opinion on the particular counsels of the pamphlet, but the motives which prompted its circulation (motives admitted to be respectable by the Chief-Justice who tried the case), and the extraordinary reception of the pamphlet by the serious portion of the workmen of the towns, would make a careful writer think twice before feeling sure that popular bodies will never listen to the truth about population. No doubt, as Sir Henry Maine says in the same place, certain classes now resist schemes for relieving distress by emigration. But there is a pretty obvious reason for that. That reason is not mere aversion to face the common sense of the relations between population and subsistence, but a growing suspicion—as to the reasonableness of which, again, I give no opinion—that emigration is made into an easy and slovenly substitute for a scientific reform in our system of holding and using land. In the case of Ireland, other political considerations must be added.

Democracy will be against science, we admit, in one contingency: if it loses the battle with the Ultramontane Church. The worst enemy of science is also the bitterest enemy of democracy, c'est le cléricalisme. The interests of science and the interests of democracy are one. Let us take a case. Suppose that popular Government in France were to succumb, a military or any other more popular Government would be forced to lean on Ultramontanes. Ultramontanes would gather the spoils of democratic defeat. Sir Henry Maine is much too well informed to think that a clerical triumph would be good for science, whatever else it might be good for. Then are not propositions about democracy being against science very idle and a little untrue? "Modern politics," said a wise man (Pattison, Sermons, p. 191) "resolve themselves into the struggle between knowledge and tradition." Democracy is hardly on the side of tradition.

We have dwelt on these secondary matters, because they show that the author hardly brings to the study of modern democracy the ripe preparation of detail which he gave to ancient law. In the larger field of his speculation, the value of his thought is seriously impaired by the absence of anything like a philosophy of society as a whole. Nobody who has studied Burke, or Comte, or Mill—I am not sure whether we should not add even De Maistre—can imagine any of them as setting to work on a general political speculation without reference to particular social conditions. They would have conducted the inquiry in strict relation to the stage at which a community happened to be, in matters lying outside of the direct scope of political government. So, before all other living thinkers, should we have expected Sir Henry Maine to do. It is obvious that systems of government, called by the same name, bearing the same superficial marks, founded and maintained on the same nominal principles, framed in the same verbal forms, may yet work with infinite diversity of operation, according to the variety of social circumstances around them. Yet it is here inferred that democracy in England must be fragile, difficult, and sundry other evil things, because out of fourteen Presidents of the Bolivian Republic thirteen have died assassinated or in exile. If England and Bolivia were at all akin in history, religion, race, industry, the fate of Bolivian Presidents would be more instructive to English Premiers.

One of the propositions which Sir Henry Maine is most anxious to bring home to his readers is that Democracy, in the extreme form to which it tends, is of all kinds of government by far the most difficult. He even goes so far as to say (p. 87) that, while not denying to Democracies some portion of the advantage which Bentham claimed for them, and "putting this advantage at the highest, it is more than compensated by one great disadvantage," namely, its difficulty. This generalisation is repeated with an emphasis that surprises us, for two reasons. In the first place, if the proposition could be proved to be true, we fail to see that it would be particularly effective in its practical bearings. Everybody whose opinions are worth consideration, and everybody who has ever come near the machinery of democratic government, is only too well aware that whether it be far the most difficult form of government or not, it is certainly difficult enough to tax the powers of statesmanship to the very uttermost. Is not that enough? Is anything gained by pressing us further than that? "Better be a poor fisherman," said Danton as he walked in the last hours of his life on the banks of the Aube, "better be a poor fisherman, than meddle with the governing of men." We wonder whether there has been a single democratic leader either in France or England who has not incessantly felt the full force of Danton's ejaculation. There may, indeed, be simpletons in the political world who dream that if only the system of government were made still more popular, all would be plain sailing. But then Sir Henry Maine is not the man to write for simpletons.

The first reason, then, for surprise at the immense stress laid by the author on the proposition about the difficulty of popular government is that it would not be of the first order of importance if it were true. Our second reason is that it cannot be shown to be true. You cannot measure the relative difficulty of diverse systems of government. Governments are things of far too great complexity for precise quantification of this sort. Will anybody, for example, read through the second volume of the excellent work of M. Leroy-Beaulieu on the Empire of the Czars (1882), and then be prepared to maintain that democracy is more difficult than autocracy? It would be interesting, too, to know whether the Prince on whose shoulders will one day be laid the burden of the German Empire will read the dissertation on the unparalleled difficulties of democracy with acquiescence. There are many questions, of which the terms are no sooner stated than we at once see that a certain and definite answer to them is impossible. The controversy as to the relative fragility, or the relative difficulty, of popular government and other forms of government, appears to be a controversy of this kind. We cannot decide it until we have weighed, measured, sifted, and tested a great mass of heterogeneous facts; and then, supposing the process to have been ever so skilfully and laboriously performed, no proposition could be established as the outcome, that would be an adequate reward for the pains of the operation.

This, we venture to think, must be pronounced a grave drawback to the value of the author's present speculation. He attaches an altogether excessive and unscientific importance to form. It would be unreasonable to deny to a writer on democracy as a form of government the right of isolating his phenomenon. But it is much more unreasonable to predicate fragility, difficulty, or anything else of a particular form of government, without reference to other conditions which happen to go along with it in a given society at a given time. None of the properties of popular government are independent of surrounding circumstances, social, economic, religious, and historic. All the conditions are bound up together in a closely interdependent connection, and are not secondary to, or derivative from, the mere form of government. It is, if not impossible, at least highly unsafe to draw inferences about forms of government in universals.

No writer seems to us to approach Machiavelli in the acuteness with which he pushes behind mere political names, and passes on to the real differences that may exist in movements and institutions that are covered by the same designation. Nothing in its own way can be more admirable, for instance, than his reflections on the differences between democracy at Florence and democracy in old Rome—how the first began in great inequality of conditions, and ended in great equality, while the process was reversed in the second; how at Rome the people and the nobles shared power and office, while at Florence the victors crushed and ruined their adversaries; how at Rome the people, by common service with the nobles, acquired some of their virtues, while at Florence the nobles were forced down to seem, as well as to be, like the common people (Istorie Fiorentine, bk. iii).