Читать книгу Anarchism - Paul Eltzbacher - Страница 19

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I. Looking to the general good, Godwin rejects law, not only for particular local and temporary conditions, but altogether.

"Law is an institution of the most pernicious tendency."[37] "The institution once begun, can never be brought to a close. No action of any man was ever the same as any other action, had ever the same degree of utility or injury. As new cases occur, the law is perpetually found deficient. It is therefore perpetually necessary to make new laws. The volume in which justice records her prescriptions is for ever increasing, and the world would not contain the books that might be written."[38] "The consequence of the infinitude of law is its uncertainty. Law was made that a plain man might know what he had to expect, and yet the most skilful practitioners differ about the event of my suit."[39] "A farther consideration is that it is of the nature of prophecy. Its task is to describe what will be the actions of mankind, and to dictate decisions respecting them."[40]

"Law we sometimes call the wisdom of our ancestors. But this is a strange imposition. It was as frequently the dictate of their passion, of timidity, jealousy, a monopolizing spirit, and a lust of power that knew no bounds. Are we not obliged perpetually to revise and remodel this misnamed wisdom of our ancestors? to correct it by a detection of their ignorance, and a censure of their intolerance?"[41] "Legislation, as it has been usually understood, is not an affair of human competence. Reason is [our sole legislator, and her decrees are unchangeable and everywhere the same.]"[42] "Men cannot do more than declare and interpret law; nor can there be an authority so paramount, as to have the prerogative of making that to be law, which abstract and immutable justice had not made to be law previously to that interposition."[43]

To be sure, "it must be admitted that we are imperfect, ignorant, and slaves of appearances."[44] But "whatever inconveniences may arise from the passions of men, the introduction of fixed laws cannot be the genuine remedy."[45] "As long as a man is held in the trammels of obedience, and habituated to look to some foreign guidance for the direction of his conduct, his understanding and the vigor of his mind will sleep. Do I desire to raise him to the energy of which he is capable? I must teach him to feel himself, to bow to no authority, to examine the principles he entertains, and render to his mind the reason of his conduct."[46]

II. The general welfare requires that in future it itself should be men's rule of action in place of the law.

"If every shilling of our property, [every hour of our time,] and every faculty of our mind, have received their destination from the principles of unalterable justice,"[47] that is, of the general good,[48] then no other decree can any longer control it. "The true principle which ought to be substituted in the room of law, is that of reason exercising an uncontrolled jurisdiction upon the circumstances of the case."[49]

"To this principle no objection can arise on the score of wisdom. It is not to be supposed that there are not men now existing, whose intellectual accomplishments rise to the level of law. But, if men can be found among us whose wisdom is equal to the wisdom of law, it will scarcely be maintained, that the truths they have to communicate will be the worse for having no authority, but that which they derive from the reasons that support them."[50]

"The juridical decisions that were made immediately after the abolition of law, would differ little from those during its empire. They would be the decisions of prejudice and habit. But habit, having lost the centre about which it revolved, would diminish in the regularity of its operations. Those to whom the arbitration of any question was entrusted would frequently recollect that the whole case was committed to their deliberation, and they could not fail occasionally to examine themselves, respecting the reason of those principles which had hitherto passed uncontroverted. Their understandings would grow enlarged, in proportion as they felt the importance of their trust, and the unbounded freedom of their investigation. Here then would commence an auspicious order of things, of which no understanding man at present in existence can foretell the result, the dethronement of implicit faith, and the inauguration of unclouded justice."[51]