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Studies in Literature and History

Sir Alfred C. Lyall

class are imperilled; the state of prisons does not concern them personally; and so long as life and property are fairly secure, they care little about an efficient police. The Englishman of whom a Frenchman reported with amazement that he consoled himself for having been robbed by the reflection that there were no policemen in his country, must have belonged to this comfortable class. And the inveterate conservation of abuses in the Church, the Law, and the Army may be partially explained in a similar way. In France the Church and the army were really privileged bodies: the vast ecclesiastical revenues were protected from taxation, and the commissioned ranks of the army were reserved for the _noblesse_; the French parliaments were close magisterial corporations. In England these were all open professions, with no special fiscal rights or social limitations; the prizes were available for general competition, and as every one had a chance of winning them by interest or even merit, there was no formidable outcry against the system. In politics, therefore, as well as in philosophy, the prevailing habit of the English mind was more moderate, less thorough-going and subversive, than in France. Mr. Stephen makes a keen and rapid analysis of the common-sense psychology, as expounded by Reid and Dugald Stewart, to show the correspondence at this period between abstract reasoning and concrete political views, and to illustrate the limitations which cautious Scotch professors endeavoured to place upon the inexorable scepticism of Hume. The general spirit of their teaching was empirical, but the logical consequence of taking experience as the sole foundation of belief was evidently to cut off the hidden springs of moral consciousness, and to support the derivation of ethics from utility. In philosophy, as in politics, there was a sympathetic recoil from extremes. So common sense was brought in as capable of certain intuitive or original judgments which were in themselves necessary, and which luckily coincided with some of the firmest convictions among intelligent mankind. As Carlyle said long afterwards, the Scottish philosophers started from the mechanical premises suggested by Hume. 'They let loose instinct as an indiscriminatory bandog to guard them against his conclusions; they tugged lustily against the logical chain by which Hume was so coldly towing them and the world into bottomless abysses of atheism and fatalism.' To save themselves from materialism they invented Intuitions, and thereby incurred the wrath of orthodox Utilitarianism, which was rigidly empirical. They were, however, accepted in England, where any haven was welcome, however uncertain might be the holding ground, which sheltered the vessel from being blown by windy speculation out into a shoreless sea. The Scottish philosophy therefore 'was in philosophy what Whiggism was in politics. Like political Whiggism, it included a large element of enlightened and liberal rationalism; but, like Whiggism, it covered an aversion to thorough-going logic. The English politician was suspicious of abstract principle, but would cover his acceptance of tradition and rule of thumb by general phrases about liberty and toleration. The Whig in philosophy equally accepted the traditional creed, sufficiently purified from cruder elements, and sheltered his doctrine by speaking of intuitions and laws of thought.' The foregoing quotation may serve to indicate briefly the situation, in politics and philosophy, at the time when Bentham, 'the patriarch of the English Utilitarians,' appeared upon the scene. Mr. Stephen's sketch of his life and doctrines, which occupies the latter half of the book's first volume, is eminently instructive and often amusing. He excels in tracing the continuity of ideas, and in showing how they converge upon the point of view that is gradually reached by some writer of superior force and activity, who rejects, alters, or uses them in the process of working out the doctrines of some new school. It was the spread of philanthropy, of a conscientious fellow-feeling for those classes of society who suffered from neglect and misrule, that fostered the movement towards political and social reform. This feeling was represented in Bentham's celebrated formula, originally invented by Hutcheson, about 'the greatest happiness of the greatest number'; and the criterion of utility was laid down as having the widest possible application to all sorts and conditions of men. Self-help, individualism, _laisser-faire_, the economic view that each should be left free to pursue his own interests, were principles intended to operate for the removal of abuses and the destruction of unfair privileges: they were promulgated for the relief of humanity at large, although the system which was built up on them came afterwards to be denounced as narrow, selfish, and materialistic. These ideas were undoubtedly congenial to the habits and character of Englishmen, who, like free men everywhere, had a traditional distrust of strong and active government, preferring King Log, on the whole, to King Stork. Inequalities and incomprehensible laws were to be seen in the course of Nature no less than in the English Constitution; and in either case a man might rely upon his wits and energy to deal with them. It might be that the defects in human government could only be remedied by employing the forces of government to cure them; but if you began to set going the administrative engine there was no saying where it might stop. Bentham held all government to be an evil, though he differed from the modern anarchist in holding it to be a necessary evil; yet he needed a strong scientific administration for the purpose of rooting out inveterate abuses. And this was the dilemma that confronted him. He worked out his solution of the problem by laying out a whole system of morals and a science of politics, with Utility as their base and standard, which has profoundly influenced all subsequent legislation, and led eventually to much more extensive theories regarding the sphere and duties of government than he himself would have advocated or approved. The principal events of Bentham's life, and the development of his opinions, are condensed by Mr. Stephen into one chapter with his usual biographical skill. Bentham started in life as a barrister, and attended Blackstone's lectures, with the result that he was deeply impressed by the fallacies of the legal theories there expounded, and soon afterward vowed eternal war against the Demon of Chicane. He struggled against narrow means and obscurity until he made the acquaintance of Lord Shelburne, through whom he became acquainted with other leading statesmen, and with Miss Caroline Fox, to whom he made a futile proposal of marriage some years later. At Bowood he also met Dumont, and thereby formed his connection with the French jurists, though in his old age he declared that Dumont, his chief interpreter abroad, 'did not understand a word of his meaning'; the true cause of his quarrel being that Dumont criticised Bentham's dinners. He travelled on the Continent, and lived some time in Russia. Soon afterward the Revolution made a clean sweep of all the old institutions in France, and thus laid open a bare and level ground just suited, as Bentham thought, for an architect who had his portfolio full of new administrative plans. It was long, indeed, before he could understand why systematic reforms were not immediately accepted as soon as their utility was logically demonstrated. He lost no time in providing the French National Assembly with elaborate schemes for the reconstruction of various departments of government, and he even offered to go to France to set up his model prison, proposing himself 'to become gratuitously the gaoler thereof.' The Assembly requited his zeal by conferring on him the title of a French citizen; but social reorganisation took the shape of September massacres and the Reign of Terror, whereat Bentham was disgusted, though in no way disheartened, as a theorist. 'Never' (says Mr. Stephen) 'was an adviser more at cross purposes with the advised. It would be impossible to draw a more striking portrait of the abstract reasoner, whose calculations of human motives omit all reference to passion, and who fancied that all prejudice can be dispelled by a few bits of logic.' Here, in fact, we have the key to Bentham's character, to its weakness and also to its strength. A philosopher who plunges into the practical affairs of the world without taking human feelings and imagination into account is sure to find himself stumbling about among blocks and blockheads, and tripped up by the ill-will of vested interests; but on the other hand, if he has taken the right direction, his ardent energies have the impetus of some natural force. Bentham's earlier notion had been that political reforms could be introduced like improvements in machinery; you had only to prove the superior utility of your new invention to obtain its adoption by all who were concerned in the business. Latterly he made the surprising discovery that in the public offices, in the Law, and in the Church, the heads of these professions are usually quite satisfied with their own monopolies, are opposed to change, and are always ready with a stock of plausible arguments to show the folly and danger of innovation. If the Utilitarian appeals to facts, common sense, and experience, so also does the Conservative; and until public opinion is decidedly for progress the dead weight prevails. Not for a day did Bentham relax his strenuous exertions, but he changed his tactics; he turned from his mechanical workshop to the study of political dynamics, and he found what he wanted in the rising radicalism--'his principal occupation, in a word, was to provide political philosophy for radical reformers.' Of the philosophic creed which Bentham undertook to proclaim from his hermitage at Ford Abbey, with James Mill as his leading apostle, Mr. Stephen gives us a very shrewd and incisively critical examination. The founder of a new faith has usually begun by the earnest and authoritative declaration of a few simple truths and positive doctrines, for which his disciples provide, in course of time, the necessary philosophical basis. Bentham's voice had been crying ineffectually in the wilderness; and he now set about laying with his own hands the foundations of his beliefs upon primary scientific principles, always with unswerving aim and application to concrete facts. He was a thorough-going iconoclast, wielding, like Mohammed, a single formula, to the destruction of idols of the market or tribe, and to the confusion of those who fattened upon antique superstitions. 'All government is one vast evil,' and can only be kept from mischief by minute regulations and constant vigilance. Whatever is plainly illogical must be radically wrong--'to make a barrister a judge is as sensible as it would be to select a procuress for mistress of a girls' school;' and a parish boy, if he could read properly, might go through the Church services with the Prayer Book and the Homilies, so that an established Church is a costly and indefensible luxury. Taking Utility, founded on observation of actual facts, as his guide and his measure of existing institutions, he treated them as colossal iniquities, as frauds upon the people, as dead and ineffectual for the purposes of moral and political life. Nevertheless, although he condemned the whole fabric as it stood, Bentham was an absolute believer in the unlimited power of laws and institutions; nor was he far from wishing to deal with them on the principles applicable to the