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Studies in Literature and History

Sir Alfred C. Lyall

reform of prisons, as undesirable but necessary instruments of coercion to be despotically administered upon a scientific model, after the fashion of his favourite Panopticon. He was, in short, as Mr. Stephen points out, an unconscious follower of Hobbes, with this difference, that in Bentham's case the omnipotent Leviathan, for control and direction, was to be enlightened public opinion. And he was apparently convinced, without misgivings, that a model government, framed logically upon that common sense which is a public property, could be introduced and enforced under popular sanction as easily as new regulations for an ill-managed gaol. He was fully prepared to make liberal allowance, in framing his constitution, for the different needs, circumstances, and habits of communities; he was quite aware that precisely the same legislation would not suit England and India; but he believed national circumstance and character to be extensively modifiable by manifestly useful institutions, and he was ready to begin the operation at once, 'to legislate for Hindostan as well as for his own parish, and to make codes not only for England, Spain, and Russia, but also for Morocco.' Mr. Stephen has no difficulty in exposing the shortcomings and inadequacy of these doctrines. But he is writing the history of certain political ideas; so his main object is to show how such ideas are formed, the course they have followed, and their influence upon thought and action up to the present day. To trace the links and continuity of ideas is to analyse their elements, and to show the impress that they received from external circumstance, permanent or temporary; it is an important method in the science of politics. Upon the empiricism of English philosophy in the eighteenth century Bentham constructed a Theory of Morals that purported to rest exclusively on facts ascertained and verifiable, with happiness as our being's end and aim, with pain and pleasure as the ultimate principles of conduct; and upon this foundation he proceeded to build up his system of politics and legislation. Any attempt to derive morality from other sources, or to measure it by other standards, he denounced as arbitrary and misleading; he threw aside metaphysics, and therefore theology, as illusory. The exclusive appeal to experience, to plain reasoning from the evidence of our senses, from actual observation of human propensities, was sufficient for his purposes, and tallied with his designs as a practical reformer. In these views he was a disciple of Hume, whose influence has surreptitiously percolated all modern thought, and his unintentional allies were the teachers of Natural religion, with Paley as its principal exponent. Having thus defined and explained the basis of ethical philosophy, the Utilitarian has to build up the superstructure of legal ordinance; and he is at once confronted by the difficult problem of distinguishing the sphere of ethics from the province of law. Upon this vital question Mr. Stephen, as an expert in ethics, gives a dissertation that is exceedingly acute and instructive; and we may commend, in particular, his criticism of the doctrine that the morality of an act depends upon its consequences, not upon its motives. As he observes, this may be true, with certain reserves, in law, where the business of the legislature is to prohibit and punish acts that directly endanger the order and security of a community. But 'the exclusion of motive justifiable in law may take all meaning out of morality'; and yet nothing is more complicated than the question of demarcating a clear frontier between the two provinces. Mr. Stephen's examination of this question is the more important because it involves the problem of regulating private morals by public enactments; and also because the confusion of motives with intentions lies at the bottom of much mischievous sophistry, for some of the worst crimes in history have been suggested by plausible motives, and have been defended on that ground. He shows that Bentham's survey of the springs of human action was incomplete, that he overstrained his formula to make it universally applicable, and that he nevertheless gave a far-reaching impulse to clearer notions and an effective advance in the simplification of legal procedure and the codification of laws. As a moral philosophy, Bentham's system appeared so arid and materialistic that its unpopularity has obscured his real services. For he was the engineer who first led a scientific attack up to the ramparts of legal chicanery, and made a breach through which all subsequent reform found its entry. The axiom that utility is the source of justice and equity is of very ancient date, and indeed the word is sufficiently elastic to comprehend every conceivable human motive; but no one before Bentham had employed it so energetically as a lever to overturn ponderous abuses, or had pointed his theory so directly against notorious facts. On the other hand, since he despised and rejected historical studies, he greatly miscalculated the binding strength of long usage and possession. He forgot, what Hume had been careful to remember, that whether men's reasoning on these subjects be right or wrong, the conclusions have not really been reached by logic, but have grown up out of instincts, and correspond with certain immemorial needs and aspirations of humanity. Hume had sketched, before Bentham, his Idea of a Perfect Commonwealth; yet he begins by the warning that 'It is not with forms of government as with other artificial contrivances; where an old engine may be rejected if we can discover another more accurate and commodious ... the bulk of mankind' (he adds) 'being governed by authority, not by reason, and never attributing authority to anything that has not the recommendation of antiquity.' Hume's mission was to undermine settled fallacies, and to scatter doubt among conventional certitudes; and this loosening of foundations prepared the way for a bolder political projector, who delivered his frontal attack in disdain of the philosopher's warnings. Political projectors, says the cautious Hume, are pernicious if they have power, and ridiculous if they want it. Bentham was quite confident that if he could only get the power he could radically change for the better the circumstances of a people in any part of the world, by legislation on the principles of Utility; and he was sure that character is indefinitely modifiable by circumstances. That human nature is constantly altering with, and adapting itself to, the environment, is an undeniable truth; but in the moral as in the physical world the natural changes occupy long periods, and to stir the soil hastily may produce a catastrophe. The latter result actually followed in France; while in England the doctrine of the unlimited power of legislation, to be used for the greatest happiness of the greatest number, and wielded by a sovereign State according to the dictates of public opinion, was met by alarm, suspicion, and protracted opposition. It is the habit of Englishmen to admit no proposition, however clear and convincing, until they discover what the propounder intends to do with it. Yet it will be seen that Bentham's plans of reform, if not his principles, did suggest, and to some extent shape, the main direction of judicial and administrative changes during the nineteenth century, though with some consequences that he neither anticipated nor desired. He thought that the State might be invested with power to modify society, and yet might be strictly controlled in the exercise of that power. He might have foreseen, what has actually happened, that the State, once established on a democratic basis, would exercise the power and disregard his carefully drawn limitations. A tendency toward State Socialism he would have detested above all things; and yet that is the direction inevitably taken by supreme authority when the responsibility for the greatest happiness of the greatest number is imposed upon it by popular demand. Mr. Stephen's second volume describes the later phase of the Utilitarian creed, when it passed from its founder into the hands of ardent disciples. The transition necessarily involves some divergence of views and methods. In religious movements it usually begins after the founder's death; but as Bentham lived to superintend his apostolic successors, his relations with them were not invariably harmonious. The leadership fell upon James Mill, whose early life and general character, the development of his opinions, and the bearing of his philosophy upon his politics, are the subjects of one of those condensed biographical sketches in which Mr. Stephen excels. In the _History of India_, which brought to James Mill reputation and pecuniary independence, he could apply his deductive theories to a remote and little known country without much risk of contradiction from actual circumstances or of checks from the misapprehension of facts. In England the Utilitarian doctrines, as propounded in Mill's writings, raised up opposition and hostile criticism from various quarters. The general current of ideas and feelings had now set decidedly toward the suppression of inveterate abuses, and toward constitutional reform. Radicalism was gaining ground rapidly, and even Socialism had come to the surface, while Political Economy was in the ascendant. But the old Tories closed their ranks for a fierce resistance against theories that menaced, as it seemed to them, nothing less than destruction to time-honoured institutions; and the Whigs had no taste for doctrines that pretended to be reasonable, but appeared to them in effect revolutionary. The different positions of contending parties were illustrated, as Mr. Stephen shows, by their respective attitudes towards Church Reform. The Tories defended ecclesiastical establishment as one of the main bastions of the citadel; the Whigs would preserve the Church in subjection to the State; while James Mill, in the _Westminster Review_, declared the Church of England to be a mere State machine, worked in subservience to the sinister interest of the governing classes. He desired 'to abolish all dogmas and ceremonies, and to employ the clergy to give lectures on ethics, botany, and political economy, with decent dances and social meals for the celebration of Sunday.' Mr. Stephen, after observing that this plan exemplifies 'the incapacity of an isolated clique to understand the real tone of public opinion,' adds that 'it seems to have some sense, but one would like to know whether Newman read his article.' Our own notion would be that it is a signal instance of shortsightedness and of insensibility, on the part of a psychologist, to the strength and persistence of one of the most powerful among the emotions that dominate mankind. Mill's article proclaiming these views appeared in 1835, just at the time when the Oxford Movement was stirring up a wave of enthusiasm for the dogmas and ritual which he treated as obsolete and nonsensical; nor is there anything more remarkable or unexpected in the political changes of the last sixty years, than the discomfiture of those prophets who have foretold the decay of all liturgies and the speedy dissolution of ecclesiastical establishments. This phenomenon is by no means confined to England, or even to Europe; and at the present day, when the power of religious idealism is better understood upon wider experience, no practical politician attempts to disregard sentiments that defy logic and pass the understanding. Nevertheless Utilitarianism, as represented by James Mill's 'Essay on Government,' was attracting increased attention, and was provoking