The Man versus the State - by Herbert Spencer

Date read: 2021-11-04
Tags: The State
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Key ideas: "But any open-minded person who takes the trouble today to read or reread The Man versus the State will probably be startled by two things. The first is the uncanny clairvoyance with which Spencer foresaw what the future encroachments of the State were likely to be on individual liberty, above all in the economic realm. The second is the extent to which these encroachments had already occurred in 1884, the year in which he was writing". (Henry Hazlitt)

NOTES

Common good was a result of relaxations of restrains not the goal in itself

The gaining of a popular good, being the external conspicuous trait common to Liberal measures in earlier days (then in each case gained by a relaxation of restraints), it has happened that popular good has come to be sought by Liberals, not as an end to be indirectly gained by relaxations of restraints, but as the end to be directly gained. And seeking to gain it directly, they have used methods intrinsically opposed to those originally used...

Every one of these involves further coercion—restricts still more the freedom of the citizen. For the implied address accompanying every additional exaction is — “Hitherto you have been free to spend this portion of your earnings in any way which pleased you; hereafter you shall not be free so to spend it, but we will spend it for the general benefit.”

Thus, either directly or indirectly, and in most cases both at once, the citizen is at each further stage in the growth of this compulsory legislation, deprived of some liberty which he previously had.

Liberty is measured by negatively coercive restraints, not positively coercive

I emphasize the reply that the liberty which a citizen enjoys is to be measured, not by the nature of the governmental machinery he lives under, whether representative or other, but by the relative paucity of the restraints it imposes on him; and that, whether this machinery is or is not one he shared in making, its actions are not of the kind proper to Liberalism if they increase such restraints beyond those which are needful for preventing him from directly or indirectly aggressing on his fellows—needful, that is, for maintaining the liberties of his fellows against his invasions of them: restraints which are, therefore, to be distinguished as negatively coercive, not positively coercive.

See more on this under tag: Gov vs State: negative vs positive interventions

The substitution of a benevolent despot for a malevolent despot, still left the government a despotism

Probably, however, the Liberal, and still more the subspecies Radical, who more than any other in these latter days seems under the impression that so long as he has a good end in view he is warranted in exercising over men all the coercion he is able, will continue to protest [...]

Perhaps an analogy will help him to see its validity.

If, away in the far East, where personal government is the only form of government known, he heard from the inhabitants an account of a struggle by which they had deposed a cruel and vicious despot, and put in his place one whose acts proved his desire for their welfare—if, after listening to their self-gratulations, he told them that they had not essentially changed the nature of their government, he would greatly astonish them; and probably he would have difficulty in making them understand that the substitution of a benevolent despot for a malevolent despot, still left the government a despotism.

See more on this under the tag:
Lack of reflective thought upon the actual nature of the State

Current asusmption is that there should be no suffering

There is a notion, always more or less prevalent and just now vociferously expressed, that all social suffering is removable, and that it is the duty of somebody or other to remove it. Both these beliefs are false. To separate pain from ill-doing is to fight against the constitution of things, and will be followed by far more pain.

Saving men from the natural penalties of dissolute living, eventually necessitates the infliction of artificial penalties in solitary cells, on tread-wheels, and by the lash...

The current assumption is that there should be no suffering, and that society is to blame for that which exists.

“But surely we are not without responsibilities, even when the suffering is that of the unworthy?”

If the meaning of the word “we” be so expanded as to include with ourselves our ancestors, and especially our ancestral legislators, I agree. I admit that those who made, and modified, and administered, the old Poor Law, were responsible for producing an appalling amount of demoralization, which it will take more than one generation to remove.

I admit, too, the partial responsibility of recent and present law-makers for regulations which have brought into being a permanent body of tramps, who ramble from union to union [...]

Moreover, I admit that the philanthropic are not without their share of responsibility; since, that they may aid the offspring of the unworthy, they disadvantage the offspring of the worthy through burdening their parents by increased local rates.

Nay, I even admit that these swarms of good-for-nothings, fostered and multiplied by public and private agencies, have, by sundry mischievous meddlings, been made to suffer more than they would otherwise have suffered.

Are these the responsibilities meant I suspect not.

Momentum and railways in Spain

It is said that when railways were first opened in Spain, peasants standing on the tracks were not unfrequently run over; and that the blame fell on the engine-drivers for not stopping: rural experiences having yielded no conception of the momentum of a large mass moving at a high velocity.

The incident is recalled to me on contemplating the ideas of the so-called “practical” politician, into whose mind there enters no thought of such a thing as political momentum, still less of a political momentum which, instead of diminishing or remaining constant, increases.

The theory on which he daily proceeds is that the change caused by his measure will stop where he intends it to stop. He contemplates intently the things his act will achieve, but thinks little of the remoter issues of the movement his act sets up, and still less its collateral issues.

See also Frederic Bastiat's That Which Is Seen, and That Which Is Not Seen

Education results in an extensive reading of publications which foster pleasant illusions

But knowing rules of syntax, being able to add up correctly, having geographical information, and a memory stocked with the dates of kings’ accessions and generals’ victories, no more implies fitness to form political conclusions than acquirement of skill in drawing implies expertness in telegraphing, or than ability to play cricket implies proficiency on the violin.

“Surely,” rejoins some one, “facility in reading opens the way to political knowledge.” Doubtless; but will the way be followed? Table-talk proves that nine out of ten people read what amuses them rather than what instructs them; and proves, also, that the last thing they read is something which tells them disagreeable truths or dispels groundless hopes.

That popular education results in an extensive reading of publications which foster pleasant illusions rather than of those which insist on hard realities, is beyond question.

What qualifies our conception of the slavery as more or less severe?

Finally, in some cases, as in Russia before serfdom was abolished, he is allowed to leave his owner’s estate and work or trade for himself elsewhere, under the condition that he shall pay an annual sum.

What is it which, in these cases, leads us to qualify our conception of the slavery as more or less severe?...

If all the slave’s labour is for his owner the slavery is heavy, and if but little it is light.

Take now a further step. Suppose an owner dies, and his estate with its slaves comes into the hands of trustees; or suppose the estate and everything on it to be bought by a company; is the condition of the slave any the better if the amount of his compulsory labour remains the same?

Suppose that for a company we substitute the community; does it make any difference to the slave if the time he has to work for others is as great, and the time left for himself is as small, as before.

The essential question is — How much is he compelled to labour for other benefit than his own, and how much can he labour for his own benefit?

The degree of his slavery varies according to the ratio between that which he is forced to yield up and that which he is allowed to retain; and it matters not whether his master is a single person or a society.

If, without option, he has to labour for the society, and receives from the general stock such portion as the society awards him, he becomes a slave to the society.

Socialistic arrangements necessitate an enslavement of this kind.

The more things improve the louder the complaints about their badness

Of the many ways in which common-sense inferences about social affairs are flatly contradicted by events one of the most curious is the way in which the more things improve, the louder become the exclamations about their badness...

Speaking broadly, every man works that he may avoid suffering. [...] His immediate dread may be the punishment which physical circumstances will inflict, or may be punishment inflicted by human agency. He must have a master; but the master may be Nature or may be a fellow-man.

When he is under the impersonal coercion of Nature, we say that he is free; and when he is under the personal coercion of some one above him, we call him, according to the degree of his dependence, a slave, a serf, or a vassal.

Innumerable failures of the State

Though we no longer presume to coerce men for their spiritual good, we still think ourselves called upon to coerce them for their material good: not seeing that the one is as useless and as unwarrantable as the other. Innumerable failures seem, so far, powerless to teach this.

Take up a daily paper and you will probably find a leader exposing the corruption, negligence, or mismanagement of some State-department. Cast your eye down the next column, and it is not unlikely that you will read proposals for an extension of State-supervision. [...]

Thus, while every day chronicles a failure, there every day reappears the belief that it needs but an Act of Parliament and a staff of officers to effect any end desired. Nowhere is the perennial faith of mankind better seen.

Ever since society existed Disappointment has been preaching, “‘Put not your trust in legislation”; and yet the trust in legislation seems scarcely diminished.

Fallacy of Hobbes's argument

See notes for Leviathan - by Thomas Hobbes

Let us grant Hobbes’s postulate that, “during the time men live without a common power to keep them all in awe, they are in that condition which is called war. of every man against every man;” though this is not true, since there are some small uncivilized societies in which, without any “common power to keep them all in awe,” men maintain peace and harmony better than it is maintained in societies where such a power exists.

Let us suppose him to be right, too, in assuming that the rise of a ruling man over associated men, results from their desires to preserve order among themselves; though, in fact, it habitually arises from the need for subordination to a leader in war, defensive or offensive, and has originally no necessary, and often no actual, relation to the preservation of order among the combined individuals.

Once more, let us admit the indefensible assumption that to escape the evils of chronic conflicts, which must otherwise continue among them, the members of a community enter into a “pact or covenant,” by which they all bind themselves to surrender their primitive freedom of action, and subordinate themselves to the will of an autocrat agreed upon: accepting, also, the implication that their descendants for ever are bound by the covenant which remote ancestors made for them.

Let us, I say, not object to these data, but pass to the conclusions Hobbes draws.

He says:—

“For where no covenant hath preceded, there hath no right been transferred, and every man has a right to everything; and consequently, no action can be unjust. But when a covenant is made, then to break it is unjust: and the definition of injustice, is no other than the not performance of covenant. . .

. . Therefore before the names of just and unjust can have place, there must be some coercive power, to compel men equally to the performance of their covenants, by the terror of some punishment, greater than the benefit they expect by the breach of their covenant.”

Were people’s characters in Hobbes’s day really so bad as to warrant his assumption that none would perform their covenants in the absence of a coercive power and threatened penalties?

In our day “the names of just and unjust can have place” quite apart from recognition of any coercive power...

Merely noting, however, that this unwarranted assumption vitiates Hobbes’s argument for State-authority, and accepting both his premises and conclusion, we have to observe two significant implications.

One is that State-authority as thus derived, is a means to an end, and has no validity save as subserving that end: if the end is not subserved, the authority, by the hypothesis, does not exist.

The other is that the end for which the authority exists, as thus specified, is the enforcement of justice—the maintenance of equitable relations.

The reasoning yields no warrant for other coercion over citizens than that which is required for preventing direct aggressions, and those indirect aggressions constituted by breaches of contract; to which, if we add protection against external enemies, the entire function implied by Hobbes’s derivation of sovereign authority is comprehended.

Hobbes argued in the interests of absolute monarchy.