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Law and Government

Government, Law, Politics

G.K. Chesterton on the Tyranny of Scientism

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The thing that really is trying to tyrannise through government is Science. The thing that really does use the secular arm is Science. And the creed that really is levying tithes and capturing schools, the creed that really is enforced by fine and imprisonment, the creed that
really is proclaimed not in sermons but in statutes, and spread not by pilgrims but by policemen — that creed is the great but disputed system of thought which began with Evolution and has ended in Eugenics. Materialism is really our established Church; for the Government will really help it to persecute its heretics. Vaccination, in its hundred
years of experiment, has been disputed almost as much as baptism in its approximate two thousand. But it seems quite natural to our politicians to enforce vaccination; and it would seem to them madness to enforce baptism.

John Stuart Mill on Individuals Versus Dwarves

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A government cannot have too much of the kind of activity which does not impede, but aids and stimulates, individual exertion and development. The mischief begins when, instead of calling forth the activity and powers of individuals and bodies, it substitutes its own activity for theirs; when, instead of informing, advising, and, upon occasion, denouncing, it makes them work in fetters, or bids them stand aside and does their work instead of them. The worth of a State, in the long run, is the worth of the individuals composing it; and a State which postpones the interests of their mental expansion and elevation, to a little more of administrative skill, or that semblance of it which practice gives, in the details of business; a State which dwarfs its men, in order that they may be more docile instruments in its hands even for beneficial purposes, will find that with small men no great thing can really be accomplished; and that the perfection of machinery to which it has sacrificed everything, will in the end avail it nothing, for want of the vital power which, in order that the machine might work more smoothly, it has preferred to banish.

John Stuart Mill on Tolerance and the No Harm Principle

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Though society is not founded on a contract, and though no good purpose is answered by inventing a contract in order to deduce social obligations from it, every one who receives the protection of society owes a return for the benefit, and the fact of living in society renders it indispensable that each should be bound to observe a certain line of conduct towards the rest. This conduct consists, first, in not injuring the interests of one another; or rather certain interests, which, either by express legal provision or by tacit understanding, ought to be considered as rights; and secondly, in each person’s bearing his share (to be fixed on some equitable principle) of the labors and sacrifices incurred for defending the society or its members from injury and molestation. These conditions society is justified in enforcing, at all costs to those who endeavor to withhold fulfilment. Nor is this all that society may do. The acts of an individual may be hurtful to others, or wanting in due consideration for their welfare, without going the length of violating any of their constituted rights. The offender may then be justly punished by opinion, though not by law. As soon as any part of a person’s conduct affects prejudicially the interests of others, society has jurisdiction over it, and the question whether the general welfare will or will not be promoted by interfering with it, becomes open to discussion. But there is no room for entertaining any such question when a person’s conduct affects the interests of no persons besides himself, or needs not affect them unless they like (all the persons concerned being of full age, and the ordinary amount of understanding). In all such cases there should be perfect freedom, legal and social, to do the action and stand the consequences.

That Which is Seen, and That Which is Not Seen

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In the department of economy, an act, a habit, an institution, a law, gives birth not only to an effect, but to a series of effects. Of these effects, the first only is immediate; it manifests itself simultaneously with its cause – it is seen. The others unfold in succession – they are not seen: it is well for us, if they are foreseen. Between a good and a bad economist this constitutes the whole difference – the one takes account of the visible effect; the other takes account both of the effects which are seen, and also of those which it is necessary to foresee. Now this difference is enormous, for it almost always happens that when the immediate consequence is favourable, the ultimate consequences are fatal, and the converse. Hence it follows that the bad economist pursues a small present good, which will be followed by a great evil to come, while the true economist pursues a great good to come, – at the risk of a small present evil.

Abraham Lincoln on Inculcating Reverence for the Law

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The question recurs, ‘How shall we fortify against [lawlessness]?’  The answer is simple.  Let every American, every lover of liberty, every well-wisher to his posterity, swear by the blood of the Revolution, never to violate in the least particular, the laws of the country; and never to tolerate their violation by others.  As the patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and Laws, let every American pledge his life, his property, and his sacred honor; — let every man remember that to violate the law, is to trample on the blood of his father, and to tear the charter of his own, and his children’s liberty.  Let reverence for the laws, be breathed by every American mother, to the lisping babe, that prattles on her lap — let it be taught in schools, in seminaries, and in colleges; let it be written in Primers, spelling books, and in Almanacs; — let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice.  And, in short, let it become the political religion of the nation; and let the old and the young, the rich and the poor, the grave and the gay, of all sexes and tongues, and colors and conditions, sacrifice unceasingly upon its altars.

George Washington on Checks and Limited Government

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All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are … of fatal tendency. … However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion. …

Edmund Burke on the Necessity of a Malleable Government

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A state without the means of some change is without the means of its conservation. Without such means it might even risque the loss of that part of the constitution which it wished the most religiously to preserve. The two principles of conservation and correction operated strongly at the two critical periods of the Restoration and Revolution, when England found itself without a king. At both those periods the nation had lost the bond of union in their antient edifice; they did not, however, dissolve the whole fabric. On the contrary, in both cases they regenerated the deficient part of the old constitution through the parts which were not impaired. They kept these old parts exactly as they were, that the part recovered might be suited to them. They acted by the ancient organized states in the shape of their old organization, and not by the organic moleculæ of a disbanded people.

Edmund Burke on Freedom, Restraint, Moderation

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To make a government requires no great prudence. Settle the seat of power; teach obedience; and the work is done. To give freedom is still more easy. It is not necessary to guide; it only requires to let go the rein. But to form a free government; that is, to temper together these opposite elements of liberty and restraint in one consistent work, requires much thought, deep reflection, a sagacious, powerful, and combining mind. … But when the leaders choose to make themselves bidders at an auction of popularity, their talents, in the construction of the state, will be of no service. They will become flatterers instead of legislators; the instruments, not the guides of the people. If any of them should happen to propose a scheme of liberty, soberly limited, and defined with proper qualifications, he will be immediately outbid by his competitors, who will produce something more splendidly popular. Suspicions will be raised of his fidelity to his cause. Moderation will be stigmatized as the virtue of cowards, and compromise as the prudence of traitors; until, in hopes of preserving the credit which may enable him to temper and moderate on some occasions, the popular leader is obliged to become active in propagating doctrines, and establishing powers, that will afterwards defeat any sober purpose at which he ultimately might have aimed.

Edmund Burke on Whether Democracy is a Natural Right

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Whilst they are possessed by these notions, it is vain to talk to them of the practice of their ancestors, the fundamental laws of their country, the fixed form of a constitution, whose merits are confirmed by the solid test of long experience, and an increasing public strength and national prosperity. They despise experience as the wisdom of unlettered men; and as for the rest, they have wrought underground a mine that will blow up at one grand explosion all examples of antiquity, all precedents, charters, and acts of parliament. They have “the rights of men”. Against these there can be no prescription; against these no agreement is binding: these admit no temperament, and no compromise: any thing withheld from their full demand is so much of fraud and injustice. Against these their rights of men let no government look for security in the length of its continuance, or in the justice and lenity of its administration. The objections of these speculatists, if its forms do not quadrate with their theories, Are as valid against such an old and beneficent government as against the most violent tyranny, or the greenest usurpation. They are always at issue with governments, not on a question of abuse, but a question of competency, and a question of title. I have nothing to say to the clumsy subtilty of their political metaphysics. Let them be their amusement in the schools. — “Ilia se jactet in aula — Æolus, et “clauso ventorum carcere regnet.” — But let them not break prison to burst like a Levanter, to sweep the earth with their hurricane, and to break up the fountains of the great deep to overwhelm us. ¶ Far am I from denying in theory; full as far is my heart from withholding in practice (if I were of power to give or to withhold) the real rights of men. In denying their false claims of right, I do not mean to injure those which are real, and are such as their pretended rights would totally destroy. If civil society be made; for the advantage of man, all the advantages for which it is made become his right. It is an institution of beneficence; and law itself is only beneficence acting by a rule. Men have a right to live by that rule; they have a right to justice; as between their fellows, whether their fellows are in politic function or in ordinary occupation. They have a right to the fruits of their industry; and to the means of making, their industry fruitful. They have a right to the acquisitions of their parents; to the nourishment and improvement of their offspring; to instruction in life, and to consolation in death. Whatever each man can separately do, without trespassing upon others, he has a right to do for himself; and he has a right to a fair portion of all which society, with all its combinations of skill, and force, can do in his favour. But as to the share of power, authority, and direction which, each individual ought to have in the management of the state, that I must deny to be amongst the direct original rights of man in civil society; for I have in my contemplation the civil social man, and no other.

Edmund Burke on Government and Natural Rights

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One of the first motives to civil society, and which becomes one of its fundamental rules, is, that no man should be judge in his own cause. By this each person has at once divested himself of the first fundamental right of uncovenanted man, that is, to judge for himself, and to assert his own cause. He abdicates all right to be his own governor. He inclusively, in a great measure, abandons the right of self-defence, the first law of nature. Men cannot enjoy the rights of an uncivil and of a civil state together. That he may obtain justice he gives up his right of determining what it is in points the most essential to him. That he may secure some liberty, he makes a surrender in trust of the whole of it.

James Madison on Human Nature and Government

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What is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the governement; but experience has taught mankind the necessity of auxiliary precautions.

Immanuel Kant on Crooked Humanity

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The difficulty which the mere thought of this problem puts before our eyes is this. Man is an animal which, if it lives among others of its kind, requires a master. For he certainly abuses his freedom with respect to other men, and although as, a reasonable being he wishes to have a law which limits the freedom of all, his selfish animal impulses tempt him, where possible, to exempt himself from them. He thus requires a master, who will break his will and force him to obey a will that is universally valid, under which each can be free. But whence does he get this master? Only from the human race. But then the master is himself an animal, and needs a master. Let him begin it as he will, it is not to be seen how he can procure a magistracy which can maintain public justice and which is itself just, whether it be a single person or a group of several elected persons. For each of them will always abuse his freedom if he has none above him to exercise force in accord with the laws. The highest master should be just in himself, and yet a man. This task is therefore the hardest of all; indeed, its complete solution is impossible, for from such crooked wood as man is made of, nothing perfectly straight can be built.

David Hume on Submission to Government

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Nothing appears more surprizing to those, who consider human affairs with a philosophical eye, than the easiness with which the many are governed by the few; and the implicit submission, with which men resign their own sentiments and passions to those of their rulers. When we enquire by what means this wonder is effected, we shall find, that, as Force is always on the side of the governed, the governors have nothing to support them but opinion. It is therefore, on opinion only that government is founded; and this maxim extends to the most despotic and most military governments, as well as to the most free and most popular.

Political Writings: John Locke

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John Locke’s Second Treatise of Government (c. 1681) is perhaps the key founding liberal text. A Letter Concerning Toleration, written in 1685 (a year when a Catholic monarch came to the throne of England and Louis XVI unleashed a reign of terror against Protestants in France), is a classic defense of religious freedom. Yet many of Locke’s other writings — not least the Constitutions of Carolina, which he helped draft — are almost defiantly anti-liberal in outlook. This comprehensive collection brings together the main published works (excluding polemical attacks on other people’s views) with the most important surviving evidence from among Locke’s papers relating to his political philosophy. David Wootton’s wide-ranging and scholarly Introduction sets the writings in the context of their time, examines Locke’s developing ideas and unorthodox Christianity, and analyzes his main arguments. The result is the first fully rounded picture of Locke’s political thought in his own words. ~ Publisher’s Description