English Poor Law Policy

by Sidney Webb; Beatrice Webb

(ii.) The Principle of Universal Provision

But what is most strikingly new since 1834 in the policy of the Central Authority is the Principle of Universal Provision, that is, the provision by the State of particular services for all who will accept them, irrespective of "destitution" or inability to provide the services independently. We see this principle in most municipal action, but it impinges on the work of the Poor Law authorities most directly in such services as vaccination, sanitation, and education. From the standpoint of the Poor Law critic, this principle avoids the characteristic Poor Law dilemma, and escapes alike the horn of making the condition of the patient so bad as to be injurious to him, and that of making it better than the lot of the lowest grade of independent labourer. In providing vaccination, sanitation, and education—to say nothing of parks, museums, and libraries—indiscriminately for every one who is ready to accept them,[842] the State does nothing to diminish the inequality of condition between the thrifty and the unthrifty—for it is a simple axiom that the addition of equals to unequals produces unequals—whilst it raises the standard of living of all. The most thrifty of artisans who discovers a public elementary school freely provided for his own children, does not find his advantage over his unthrifty neighbour thereby in the smallest degree diminished. It is this consideration which justifies the provision of municipal hospitals, and which, presumably, led the Central Authority of 1870 (under Mr. Goschen) to dwell upon the expediency of "free medicine to the poorer classes generally, as distinguished from actual paupers, and perfect accessibility to medical advice at all times under thorough organisation."[843] It is this principle that lies at the base of all schemes of non-contributory pensions to be given to persons on reaching a certain age. The controlling limits of the application of this Principle of Universal Provision in the mind of the Central Authority seem to have been, first, the consideration whether it is in the public interest desirable that the service in question should be as widely as possible enjoyed; and secondly, the consideration whether, as a matter of fact, such universal provision is found to diminish human productiveness or mental development.

With regard to vaccination, sanitation, and education, the policy of the Central Authority has long been based upon the Principle of Universal Provision. In its application to the pauper population, we need only refer particularly to the problem of the Poor Law child. As we have already stated, the Education Acts of 1870-1903 have enabled the Poor Law authorities to escape, in respect of mental training during school age, from the embarrassing dilemma of either placing the pauper child in a position of vantage, or of deliberately bringing up a couple of hundred thousand children in a state incompatible with future citizenship. In respect of everything beyond vaccination, sanitation, and education—together with hospitals in some places for some kinds of illness—the dilemma remains.

(iii.) The Principle of Compulsion

The Principle of Compulsion—in the sense of treating an individual in the way that the community deems best, whether he likes it or not—is, of course, as old as the lazarhouse, "Bedlam," and the gaol. Such compulsory treatment may have for its object deterrent punishment, reformation and cure, or mere isolation from the world. In all three aspects this principle now forms an integral part of the policy of the Central Authority for one or other classes of destitute persons.

It is interesting to note that, although the Principle of Compulsion played a large part in the Elizabethan Poor Law, to which the 1834 Report purported to revert, it formed no part of "the principles of 1834." It did not appear in any of the recommendations of the Report. What underlay the whole scheme of 1834 was the very opposite to compulsion. No power was given to any Poor Law authority—apart from the case of dangerous lunacy—to detain any pauper against his will, for any purpose whatsoever. Every inmate of the workhouse was to be free to discharge himself at the shortest notice compatible with the convenience of the establishment. The vagrant was to be at liberty to leave as early in the morning as he chose after his night's lodging. The sick person, even if dangerous to others, or on the point of death, was to be permitted to leave the shelter of the workhouse, if he chose, with no more restraint than a warning from the medical officer. It was even open to doubt whether a board of guardians could legally detain the youngest orphan infant struggling to be free. The whole intention of the 1834 Report was, in fact, to make the pauper of any age feel that he was at all times an unwelcome guest.

Today we see the Central Authority making use of the Principle of Compulsion as part of its policy towards every class, except the deserving healthy aged. The wayfarer, whatever his character or conduct, is to be compulsorily detained, under penal conditions, for twenty-four hours, or, in certain cases, much longer, in order to deter him from ever again applying for a night's lodging. The able-bodied man or woman in the workhouse is, under certain circumstances, to be compulsorily detained, for a day, or even a week, in order to deter him or her from passing too frequently "in and out." Quite different are the objects, isolation from the public and their own cure, with which the infectious sick are now compulsorily detained in the workhouse infirmary or isolation hospital. We may note, too, that the power to detain lunatics, for isolation, if not for cure, has, since 1834, been stretched so as to include many harmless persons of defective mind, who are now regularly certified for detention. Finally, we have the compulsory detention of children, ranging from detention against the will of every one except the parent, in the case of children of indoor paupers, up to the complete parental authority exercised by the board of guardians over orphan or deserted children; and, in the guise of adoption, even extending to the age of sixteen, and against the will of the parents. And there are signs that the Principle of Compulsion—that is, the treatment of an individual in the way that the community deems best, whether he likes it or not—is about to form part of the policy for other sections of the destitute.

C.—The Contrast between 1834 and 1907

It is not without interest to contrast the three "principles of 1834" with the three "principles of 1907." In both cases the three principles hang together, and form, in fact, only aspects of a single philosophy of life.

The "principles of 1834" plainly embody the doctrine of laisser faire. They assume the non-responsibility of the community for anything beyond keeping the destitute applicant alive. They rely, for inducing the individual to support himself independently, on the pressure that results from his being, in the competitive struggle, simply "let alone." As the only alternative to self-support, there is to be presented to him, uniformly throughout the country, the undeviating regimen of the workhouse, with conditions "less eligible" than those of the lowest grade of independent labourer.