Anarchism

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Anarchism

BY DR. PAUL ELTZBACHER Gerichtsassessor and Privatdozent in Halle an der Saale

Translated by STEVEN T. BYINGTON

Je ne propose rien, je ne suppose rien, j'expose

[Illustration]

New York: Benj. R. Tucker. London: A. C. Fifield. 1908.

Copyright, 1907, by Benjamin R. Tucker

_Gratefully dedicated to the memory of my father_

Dr. Salomon Eltzbacher

1832-1889

Contents

PAGE TRANSLATOR'S PREFACE vii

BOOKS REFERRED TO xvii

Introduction 3

CHAPTER I. THE PROBLEM 1. General 6 2. The Starting-point 10 3. The Goal 13 4. The Way to the Goal 15

CHAPTER II. LAW, THE STATE, PROPERTY 1. General 18 2. Law 24 3. The State 31 4. Property 36

CHAPTER III. GODWIN'S TEACHING 1. General 40 2. Basis 41 3. Law 42 4. The State 45 5. Property 53 6. Realization 58

CHAPTER IV. PROUDHON'S TEACHING 1. General 65 2. Basis 67 3. Law 69 4. The State 72 5. Property 80 6. Realization 86

CHAPTER V. STIRNER'S TEACHING 1. General 93 2. Basis 96 3. Law 97 4. The State 100 5. Property 106 6. Realization 109

CHAPTER VI. BAKUNIN'S TEACHING 1. General 115 2. Basis 117 3. Law 119 4. The State 121 5. Property 127 6. Realization 132

CHAPTER VII. KROPOTKIN'S TEACHING 1. General 139 2. Basis 141 3. Law 145 4. The State 149 5. Property 159 6. Realization 171

CHAPTER VIII. TUCKER'S TEACHING 1. General 182 2. Basis 183 3. Law 187 4. The State 190 5. Property 201 6. Realization 209

CHAPTER IX. TOLSTOI'S TEACHING 1. General 219 2. Basis 220 3. Law 230 4. The State 234 5. Property 249 6. Realization 260

CHAPTER X. THE ANARCHISTIC TEACHINGS 1. General 270 2. Basis 270 3. Law 272 4. The State 276 5. Property 280 6. Realization 284

CHAPTER XI. ANARCHISM AND ITS SPECIES 1. Errors about Anarchism and its Species 288 2. The Concepts of Anarchism and its Species 292

Conclusion 303

Translator'S Preface

Every person who examines this book at all will speedily divide its contents into Eltzbacher's own discussion and his seven chapters of classified quotations from Anarchist leaders; and, if he buys the book, he will buy it for the sake of the quotations. I do not mean that the book might not have a sale if it consisted exclusively of Eltzbacher's own words, but simply that among ten thousand people who may value Eltzbacher's discussion there will not be found ten who will not value still more highly the conveniently-arranged reprint of what the Anarchists themselves have said on the cardinal points of Anarchistic thought. Nor do I feel that I am saying anything uncomplimentary to Eltzbacher when I say that the part of his work to which he has devoted most of his space is the part that the public will value most.

And yet there is much to be valued in the chapters that are of Eltzbacher's own writing,--even if one is reminded of Sir Arthur Helps's satirical description of English lawyers as a class of men, found in a certain island, who make it their business to write highly important documents in closely-crowded lines on such excessively wide pages that the eye is bound to skip a line now and then, but who make up for this by invariably repeating in another part of the document whatever they have said, so that whatever the reader may miss in one place he will certainly catch in another. The fact is that Eltzbacher's work is an admirable model of what should be the mental processes of an investigator trying to determine the definition of a term which he finds to be confusedly conceived. Not only is his method for determining the definition of Anarchism flawless, but his subsidiary investigation of the definitions of law, the State, and property is conducted as such things ought to be, and (a good test of clearness of thought) his illustrations are always so exactly pertinent that they go far to redeem his style from dullness, if one is reading for the sense and therefore cares for pertinence. The only weak point in this part of the book is that he thinks it necessary to repeat in print his previous statements wherever it is necessary to the investigation that the previous statement be mentally renewed. But, however tiresome this may be, one gets a steady progress of thought, and the introductory part of the book is not very long at worst.

The collection of quotations, which form three-fourths of the book both in bulk and in importance, is as much the best part as it is the biggest. Here the prime necessity is impartiality, and Eltzbacher has attained this as perfectly as can be expected of any man. Positively, one comes to the end of all this without feeling sure whether Eltzbacher is himself an Anarchist or not; it is not until we come to the last dozen pages of the book that he lets his opposition to Anarchism become evident. To be sure, one feels that he is more journalistic than scientific in selecting for special mention the more sensational points of the schemes proposed (the journalistic temper certainly shows itself in his habit of picking out for his German public the references to Germany in Anarchist writers). Yet it is hard to deny that there is legitimate scientific importance in ascertaining how much of the sensational is involved in Anarchism; and, on the other hand, Eltzbacher recognizes his duty to present the strongest points of the Anarchist side, and does this so faithfully that one often wonders if the man can repeat these words without feeling their cogency. So far as any bias is really felt in this part of the book it is the bias of over-methodicalness; now and then a quotation is made to go into the classification at a place where it will not go in without forcing, and perspective is distorted when some _obiter dictum_ that had never seemed to its author to be worth repeating a second time is made to serve as illuminant now for this division of the "teaching," now for that, till it seems to the reader like a favorite topic of the Anarchist. However, the bias of methodicalness is as nearly non-partisan as any bias can be, and its effect is to put the matter into a most convenient form for consultation and comparison.

Next to impartiality, if not even before it, we need intelligence in our compiler; and we have it. Few men, even inside the movement, would have been more successful than Eltzbacher in picking out the important parts of the Anarchist doctrines, and the quotations that will show these important parts as they are. I do not mean that this accuracy has not exceptions--many exceptions, if you count such things as the failure to give due weight to some clause which might restrict or modify the application of the words used; a few serious exceptions, of which we reap the fruit in his final summary. But in admitting these errors I do not retract my statement that Eltzbacher has made his compilation as accurate as any man could be expected to. More than this, it may well be said that he has, except in three or four points, made it as accurate as is even useful for ordinary reading; he has overlooked nothing but what his readers would have been sure to overlook if he had presented it. As a gun is advertised to shoot "as straight as any man can hold," so Eltzbacher has, with three or four exceptions, told his story as straight as any man with ordinary attention can read. The net result is that we have here, without doubt, the most complete and accurate presentation of Anarchism that ever has been given or ever will be given in so short a space. If any one wants a fuller and more trustworthy account, he will positively have to go direct to the writings of the Anarchists themselves; nowhere else can he find anything so good as Eltzbacher. Withal, this main part of the book is decidedly readable. Eltzbacher's repetitiousness has no opportunity to become prominent here, and the man is not at all dull in choosing and translating his quotations. On the contrary, his fondness for apt illustrations is a great help toward making the compilation constantly readable, as well as toward making the reader's impressions of the Anarchistic teachings vivid and definite.

I do not mean to say that this book can take the place of a consultation of the original sources. For instance, the Bakunin chapter follows next after the Stirner chapter; but the exquisite contrariness of almost every word of Bakunin to Stirner's teaching can be appreciated only by those who have read Stirner's book--Eltzbacher's quotations are on a different aspect of Stirner's teaching from that which applies against Bakunin. (Stirner and Bakunin, it will be noted, are the only Anarchist leaders against whom Eltzbacher permits himself a disrespectful word before he has presented their doctrines.) It is to be hoped that many who read this book will go on to examine the sources themselves. Meanwhile, here is an excellent introduction, and the chronological arrangement makes it easy to watch the historical development and see whether the later schools of Anarchism assail the State more effectively than the earlier.

I have not reserved any expressions of praise for the small part of the book which comes after the compiled chapters, because it calls for none. All Eltzbacher's weak points come out in this concluding summary; the best that can be said for it is that it deserves careful attention, and that the author continues to be oftener right than wrong. But now that he has gathered all his knowledge he wants it to amount to omniscience, and most imprudently shuts his eyes to the places where there is nothing under his feet. He charges men with error for not using in his sense a term whose definition he has not undertaken to determine. He accepts all too unquestioningly such statements as fit most conveniently into his scheme of method. His most glaring offence in this direction is his classification of the Anarchist-Communist doctrines as mere prediction and not the expression of a will or demand or approval or disapproval of anything, simply because the fashionableness of evolutionism and of fatalism has led the leaders of that school to prefer to state their doctrine in terms of prediction. Eltzbacher has forgotten to compare his judgment with the actions of the men he judges; _solvitur ambulando_; if Kropotkin's proposition were merely predictive and not pragmatic, it would have less trouble with the police than it has. Again, he does one of the most indiscreet things that are possible to a votary of strict method when he asserts repeatedly that he has listed not merely all that is to be found but all that could possibly exist under a certain category. For instance, he declares that every possible affirmative doctrine of property must be either private property, or common property in the wherewithal for production and private property in the wherewithal for consumption, or common property. Why should not a scheme of common property in the things that are wanted by all men and private property in the things that are wanted only by some men have as high a rank in the classification as has Eltzbacher's second class? A look at the quotations from Kropotkin will show that I have not drawn much on my own ingenuity in conceiving such a scheme as supposable. He claims to have listed all the standpoints from which Anarchism has been or can be propounded or judged, yet he has omitted legitimism, the doctrine that a political authority which is to claim our respect and obedience must appear to have originated by a legitimate foundation and not by usurpation. The great part that legitimism has played in history is notorious; and it lends itself very readily to the Anarchist's purpose, since some governments are so well known to have originated in usurpation and others are so easily suspected of it. Nay, legitimism is in fact a potent factor in shaping the most up-to-date Anarchism of our time; for it is largely concerned in Lysander Spooner's doctrine of juries, of which some slight account is given in Eltzbacher's quotations from Tucker. And he claims to have recited all the important arguments that sustain Anarchism: where has he mentioned the argument from the evil that the State does in interfering with social and economic experimentation? or the argument from the fact that reforms in the State are necessarily in a democracy, and ordinarily in a monarchy, very slow in coming to pass, and when they do come to pass they necessarily come with all-disturbing suddenness? or the argument from the evil of separating people by the boundary lines which the State involves? or the fact that war would be almost inconceivable if the States were replaced by voluntary and non-monopolistic organizations, since such organizations could have no "jurisdiction" or control of territory to fight for, and war for any other cause has long been unknown among civilized nations? By these and other such unwarranted claims of absolute completeness, and by the conclusions based on these pasteboard premises, Eltzbacher makes it necessary to read his final chapters with all possible independence of judgment.

It remains for me to say something of my own work on this book. I have consulted the originals of some of the works cited--such as circumstances have permitted--and given the quotations not by translation from Eltzbacher's German but direct from the originals. The particulars are as follows:

Of Godwin's "Political Justice" I used an American reprint of the second British edition. This second edition is greatly revised and altered from the first, which Eltzbacher used. Godwin calls our attention to this, and especially informs us that the first edition did not in some important respects represent the views which he held at the time of its publication, since the earlier pages were printed before the later were written, and during the writing of the book he changed his mind about some of the principles he had asserted in the earlier chapters. In the second edition, he says, the views presented in the first part of the book have been made consistent with those in the last part, and all parts have been thoroughly revised. It will astonish nobody, therefore, that I found it now and then impossible to identify in my copy the passages translated by Eltzbacher from the first edition. In particular, I got the impression that what Eltzbacher quotes about promises, from the first part of the book, is one of those sections which Godwin says he retracts and no longer believed in even at the time he wrote the later chapters of the first edition. If so, a bit of the foundation for Eltzbacher's ultimate classification disappears. Besides giving the pages of the first edition as in Eltzbacher, I have added in brackets the page numbers of the copy I used, wherever I could identify them. Throughout the book brackets distinguish footnotes added by me from Eltzbacher's own, and in a few places I have used them in the text to indicate Eltzbacher's deviations from the wording of his original, of which matter I will speak again in a moment.

The passages from Proudhon's works I translated from the original French as given in the collected edition of his "_OEuvres completes_." In this edition some of the works differ only in pagination from the editions which Eltzbacher used, while others have been extensively revised. I know of no changes of essential doctrine.

Since in Stirner's case German is the original language, I have accepted as my original the quotations given by Eltzbacher. It is probable that they are occasionally condensed; but a fairly faithful memory, and the fact that it is less than a year since I was reading the proofs of my translation of Stirner's book, enable me to be confident that there is no change amounting to distortion. I have here made no use of that translation of mine[1] except from memory, because I well knew that in dealing with Stirner there is no assurance that the best possible translation of the continuous whole will be made up of the best possible translations of the individual parts. Neither have I used the extant English translations of Bakunin's "God and the State," Kropotkin's "Conquest of Bread," Tolstoi's works, or any of the other books cited. I have not had at hand any originals of Bakunin or Tolstoi, nor any of Kropotkin except "Anarchist Communism." Of this I had the first edition, and Eltzbacher, contrary to his habit, the second; but I judge that the two are from the same plates, for all the page-numbers cited agree.

Toward the Tucker chapter I have taken a special attitude. I am myself one of Tucker's followers and collaborators; I may claim to be an "authority" on the exposition of his doctrine--

_Nennt man die besten Namen, So wird auch der meine genannt_--

and I have tried to have an eye to the precise correctness of everything in that chapter. That I used the original of "Instead of a Book" is a matter of course; and I have not only taken Tucker's words where Eltzbacher had translated the whole, but have had an eye to all points where Eltzbacher had condensed anything in a way that could affect the sense, and have restored the words that made the passage mean something a little bit different from what Eltzbacher made it mean. (I did about the same in this respect with Kropotkin's "Anarchist Communism"; and indeed something of the kind is inevitable if one is to consult originals at all.) On the other hand, I have not, in general, drawn attention to passages where Eltzbacher makes merely formal changes for the purpose of inserting in a sentence of a certain grammatical structure what Tucker had said in a sentence of different structure.

The renderings of Tolstoi's biblical quotations are taken from the "Corrected English New Testament," a conservative version which is now spoken of as the best English New Testament extant. It fits well into Tolstoi, at least so far as the present quotations go.

I have spoken above of Eltzbacher's qualities as compiler; it here becomes necessary to say something of his work as translator. His translation is that of a very intelligent man, trusting to his intelligence to justify him in translating quite freely. He is confident that he knows what the idea to be presented is, and his main concern is to express that in the language best suited to the purpose. He even avows, as will be seen, that he has "cautiously revised" other people's translations from the Russian, without himself claiming to be familiar with the Russian language. I would as soon entrust this extremely delicate task to Eltzbacher as to anybody I know, for he is in general remarkably correct in his re-wordings. The justification of his confidence in his knowledge of the author's thought may be seen in the fact that in passages which happen not to affect the main thought he makes a few such slips as _zahlen mit ihrer Vergiftung_ for "pay to be poisoned," _Willkuer_ for "arbitrament," and even _eine blutige Revolution ruecksichtslos niederwuerfe_ for "would do anything in his power to precipitate a bloody revolution" (can he have been misled by the chemist's use of "precipitate"?), but in passages where these blunders would do real harm he keeps clear of them, being safeguarded by his knowledge of the sense. But it makes a difference whom you translate in this way. Tucker is a man who uses language with especial precision: every phrase in a sentence of his may be presumed to contribute something definite to the thought; and Eltzbacher treats him as if the less conspicuous phrases were merely ornamental work which might safely be omitted or amended when they seemed not to be advantageous for ornamental purposes. I must confess that I have little faith in the Eltzbacher method of translation for the rendering of any author; but it works especially ill with an author like Tucker.

Of course all defects of translation are cured, silently, by substituting the original English. Therefore, at the expense of slightly increasing the bulk of the Tucker chapter, this edition gives American readers a much more accurate presentation of the utterances of the American champion of Anarchism than can be had in Eltzbacher's German; and, since I have the same advantage as regards Godwin, I think I may claim in general terms that mine is the best edition of Eltzbacher for those who read both English and German.

Besides looking out for the accurate presentation of the passages quoted from Tucker, I have kept watch of the correctness of the subject-matter. Whatever seemed to me to represent Tucker's book unfairly, either by misrepresenting his doctrine or by misapplying the quotations, has been corrected by a note. This will be useful to the reader not only by giving him a better Tucker, but also by giving a sample from which he may judge what amount of fault the followers of Kropotkin or Tolstoi or the rest would be likely to find with the chapters devoted to them. The merely popular reader will probably get the impression that Eltzbacher is really a rather unreliable man. The competent student, who knows what must be looked out for in all work of this sort, will have his confidence in Eltzbacher increased by seeing how little of serious fault appears in such a search.

The index is compiled independently for this translation. Omitting such entries as merely duplicate the utility of the table of contents, and making an effort to head every entry with the word under which the reader will actually seek it, I hope I have bettered Eltzbacher's index; and I hope the index will be not only a place-finder but a help toward the appreciation of the Anarchistic teachings.

I have not in general undertaken to criticise those features of the book which embody Eltzbacher's own opinions. Whether it was in fact right to select these seven men as the touchstone of Anarchism,--whether Eltzbacher is right in discussing the definition of the State as he does, or whether he might better simply have taken as authoritative that definition which has legal force in international law,--whether he ought to have added any other feature to his book,--are points on which the reader does not care for my judgment, nor am I eager to express a judgment. Having had to work over the book very carefully in detail, I have felt entitled to express an opinion as to how well Eltzbacher has done the work that he did choose to do; I have also told what work I as translator claim to have done; and it is time this preface ended.

STEVEN T. BYINGTON. _Ballardvale, Mass., August 28, 1907._

Books Referred To By Abbreviated Titles

Adler, "Handwoerterbuch" = GEORG ADLER, "Anarchismus," in _Handwoerterbuch der Staatswissenschaften_, 2d ed. (Jena 1898), vol. 1 pp. 296-327.

Adler, "Nord und Sued" = GEORG ADLER, "Die Lehren der Anarchisten," in _Nord und Sued_ (Breslau) vol. 32 (1885) pp. 371-83.

Ba. "Articles" = "Articles ecrits par Bakounine dans l'Egalite de 1869," in _Memoire presente par la federation jurassienne de l'Association internationale des travailleurs a toutes les federations de l'Internationale_ (Sonvillier, n. d.), "Pieces justificatives" pp. 68-114.

Ba. "Briefe" = "Briefe Bakunins," in Dragomanoff (see below) pp. 1-272.

Ba. "Dieu" = MICHEL BAKOUNINE, _Dieu et l'Etat_, 2d ed. (Paris 1892).

Ba. "Dieu" OEuvres = "Dieu et l'Etat," in MICHEL BAKOUNINE, _OEuvres_, 3d ed. (Paris 1895), pp. 261-326.

Ba. "Discours" = "Discours de Bakounine au congres de Berne," in _Memoire presente par la federation jurassienne de l'Association internationale des travailleurs a toutes les federations de l'Internationale_ (Sonvillier, n. d.), "Pieces justificatives" pp. 20-38.

Ba. "Programme" = BAKOUNINE, "Programme de la section slave a Zurich," in Dragomanoff (see below) pp. 381-3.

Ba. "Proposition" = "Federalisme, socialisme et antitheologisme. Proposition motivee au Comite central de la Ligue de la paix et de la liberte," in MICHEL BAKOUNINE, _OEuvres_, 3d ed. (Paris 1895), pp. 1-205.

Ba. "Statuts" = "Statuts secrets de l'Alliance" and "Programme et reglement de l'Alliance publique," in "L'Alliance" (see below) pp. 118-35.

Ba. "Volkssache" = M. BAKUNIN, "Die Volkssache. Romanow, Pugatschew oder Pestel?" in Dragomanoff (see below) pp. 303-9.

Bernatzik = BERNATZIK, "Der Anarchismus," in _Jahrbuch fuer Gesetzgebung, Verwaltung und Volkswirtschaft im Deutschen Reich_ (Leipzig) vol. 19 (1895) pp. 1-20.

Bernstein = EDUARD BERNSTEIN, "Die soziale Doktrin des Anarchismus," in _Die Neue Zeit_ (Stuttgart) year 10 (1891-2) vol. 1 pp. 358-65, 421-8; vol. 2 pp. 589-96, 618-26, 657-66, 772-8, 813-19.

Crispi = FRANCESCO CRISPI, "The Antidote for Anarchy," in _Daily Mail_ (London) no. 807 (1898) p. 4.

"Der Anarchismus und seine Traeger" = _Der Anarchismus und seine Traeger. Enthuellungen aus dem Lager der Anarchisten von [**symbol: circle in triangle], Verfasser der Londoner Briefe in der Koelnischen Zeitung_ (Berlin 1887).

"Die historische Entwickelung des Anarchismus" = _Die historische Entwickelung des Anarchismus_ (New York 1894).

Diehl = KARL DIEHL, _P.-J. Proudhon_. _Seine Lehre und sein Leben._ (3 vol., Jena 1888-96.)

Dragomanoff = MICHAIL DRAGOMANOW, _Michail Bakunins sozial-politischer Briefwechsel mit Alexander Iw. Herzen und Ogarjow, deutsch von Boris Minzes_ (Stuttgart 1895).

Dubois = FELIX DUBOIS, _Le Peril anarchiste_ (Paris 1894).

Ferri = "Discours de FERRI" in _Congres international d'anthropologie criminelle, compte rendu des travaux de la quatrieme session, tenue a Geneve du 24 au 29 aout 1896_ (Geneve 1897) pp. 254-7.

Garraud = R. GARRAUD, _L'Anarchie et la Repression_ (Paris 1895).

Godwin = WILLIAM GODWIN, _An Enquiry concerning Political Justice and its Influence on General Virtue and Happiness_ (2 vol., London 1793). [Bracketed references are to the "First American from the second London edition, corrected," Philadelphia, 1796.]

"Hintermaenner" = _Die Hintermaenner der Sozialdemokratie. Von einem Eingeweihten_ (Berlin 1890).

Kr. "Anarchist Communism" = PETER KROPOTKINE, _Anarchist Communism: its Basis and Principles_, 2d ed. (London 1895). [Reprinted from the _Nineteenth Century_.]

Kr. "Conquete" = PIERRE KROPOTKINE, _La Conquete du pain_, 5th ed. (Paris 1895).

Kr. "L'Anarchie dans l'evolution socialiste" = PIERRE KROPOTKINE, _L'Anarchie dans l'evolution socialiste_ (Paris 1892).

Kr. "L'Anarchie. Sa philosophie--son ideal" = PIERRE KROPOTKINE, _L'Anarchie. Sa philosophie--son ideal_ (Paris 1896).

Kr. "Morale" = PIERRE KROPOTKINE, _La Morale anarchiste_ (Paris 1891).

Kr. "Paroles" = PIERRE KROPOTKINE, _Paroles d'un revolte, ouvrage publie par Elisee Reclus, nouv. ed_. (Paris, n. d.)

Kr. "Prisons" = PIERRE KROPOTKINE, _Les Prisons_ (Paris 1890).

Kr. "Siecle" = PIERRE KROPOTKINE, _Un siecle d'attente. 1789-1889_ (Paris 1893).

Kr. "Studies" = _Revolutionary Studies, translated from "La Revolte" and reprinted from "The Commonweal"_ (London 1892).

Kr. "Temps nouveaux" = PIERRE KROPOTKINE, _Les Temps nouveaux (conference faite a Londres)_ (Paris 1894).

"L'Alliance" = _L'Alliance de la democratie socialiste et l'Association internationale des travailleurs_ (Londres et Hambourg 1873).

Lenz = ADOLF LENZ, _Der Anarchismus und das Strafrecht. Sonderabdruck aus der Zeitschrift fuer die gesamte Strafrechtswissenschaft, Bd. 16, Heft 1_ (Berlin, n. d.).

Lombroso = C. LOMBROSO, _Gli Anarchici_, 2d ed. (Torino 1895).

Mackay, "Anarchisten" = JOHN HENRY MACKAY, _Die Anarchisten. Kulturgemaelde aus dem Ende des 19. Jahrhunderts_. Volksausgabe (Berlin 1893).

Mackay, "Magazin" = JOHN HENRY MACKAY, "Der individualistische Anarchismus: ein Gegner der Propaganda der That," in _Das Magazin fuer Litteratur_ (Berlin und Weimar) vol. 67 (1898) pp. 913-15.

Mackay, "Stirner" = JOHN HENRY MACKAY, _Max Stirner. Sein Leben und sein Werk_ (Berlin 1898).

Merlino = F. S. MERLINO, _L'Individualismo nell'anarchismo_ (Roma 1895).

Pfau = "Proudhon und die Franzosen," in LUDWIG PFAU, _Kunst und Kritik_, vol. 6 of _Aesthetische Schriften_, 2d ed. (Stuttgart, Leipzig, Berlin, 1888), pp. 183-236.

Plechanow = GEORG PLECHANOW, _Anarchismus und Sozialismus_ (Berlin 1894).

Pr. "Banque" = P.-J. PROUDHON, _Banque du peuple, suivie du rapport de la commission des delegues du Luxembourg_ (Paris 1849). (In Proudhon's _OEuvres completes_, Paris 1866-83, this forms part of the volume "Solution.")

Pr. "Contradictions" = P.-J. PROUDHON, _Systeme des contradictions economiques, ou philosophie de la misere_ (2 vol., Paris 1846).

Pr. "Confessions" = P.-J. PROUDHON, _Les Confessions d'un revolutionnaire, pour servir a l'histoire de la revolution de fevrier_ (Paris 1849).

Pr. "Droit" = P.-J. PROUDHON, _Le Droit au travail et le Droit de propriete_ (Paris 1848). (In the _OEuvres_ this forms part of the volume "La Revolution sociale.")

Pr. "Idee" = P.-J. PROUDHON, _Idee generate de la revolution au XIXe siecle (choix d'etudes sur la pratique revolutionnaire et industrielle)_ (Paris 1851).

Pr. "Justice" = P.-J. PROUDHON, _De la justice dans la revolution et dans l'Eglise. Nouveaux principes de philosophie pratique_ (3 vol., Paris 1858).

Pr. "Organisation" = P.-J. PROUDHON, _Organisation du credit et de la circulation, et solution du probleme social_ (Paris 1848). (In the _OEuvres_ this forms part of the volume "Solution.")

Pr. "Principe" = P.-J. PROUDHON, _Du principe federatif et de la necessite de reconstituer le parti de la revolution_ (Paris 1863).

Pr. "Propriete" = P.-J. PROUDHON, _Qu'est-ce que la propriete? ou recherches sur le principe du droit et du gouvernement. Premier memoire_ (Paris 1841).

Pr. "Solution" = P.-J. PROUDHON, _Solution du probleme social_ (Paris 1848).

Proal = LOUIS PROAL, _La Criminalite politique_ (Paris 1895).

Reichesberg = NAUM REICHESBERG, _Sozialismus und Anarchismus_ (Bern und Leipzig 1895).

Rienzi = RIENZI, _L'Anarchisme, traduit du neerlandais par August Dewinne_ (Bruxelles 1893).

Sernicoli = E. SERNICOLI, _L'Anarchia e gli Anarchici. Studio storico e politico di E. Sernicoli_ (2 vol., Milano 1894).

Shaw = GEORGE BERNARD SHAW, _The Impossibilities of Anarchism_ (London 1895).

Silio = CESAR SILIO, "El Anarquismo y la Defensa Social," in _La Espana Moderna_ (Madrid) vol. 61 (1894) pp. 141-8.

Stammler = RUDOLF STAMMLER, _Die Theorie des Anarchismus_ (Berlin 1894).

Stirner = MAX STIRNER, _Der Einzige und sein Eigentum_ (Leipzig 1845).

Stirner "Vierteljahrsschrift" = M. St., "Rezensenten Stirners," in _Wigands Vierteljahrsschrift_ (Leipzig) vol. 3 (1845) pp. 147-94.

To. "Confession" = GRAF LEO TOLSTOJ, _Bekenntnisse. Was sollen wir denn thun? deutsch von H. von Samson-Himmelstjerna_ (Leipzig 1886), pp. 1-102.

To. "Gospel" = GRAF LEO N. TOLSTOJ, _Kurze Darlegung des Evangeliums, deutsch von Paul Lauterbach_ (Leipzig, n. d.).

To. "Kernel" = "Das Korn," in GRAF LEO N. TOLSTOJ, _Volkserzaehlungen, deutsch von Wilhelm Goldschmidt_ (Leipzig, n. d.), pp. 87-9.

To. "Kingdom" = LEO N. TOLSTOJ, _Das Reich Gottes ist in euch, oder das Christentum als eine neue Lebensauffassung, nicht als mystische Lehre, deutsch von R. Loewenfeld_ (Stuttgart, Leipzig, Berlin, Wien, 1894).

To. "Linen-Measurer" = "Leinwandmesser. Die Geschichte eines Pferdes," in _Leo N. Tolstoj_, _Gesammelte Werke, deutsch herausgegeben von Raphael Loewenfeld_, vol. 3 (Berlin 1893) pp. 573-631.

To. "Money" = GRAF LEO TOLSTOJ, _Geld! Soziale Betrachtungen, deutsch von August Scholz_ (Berlin 1891).

To. "Morning" = "Der Morgen des Gutsherrn," in LEO N. TOLSTOJ, _Gesammelte Werke, deutsch herausgegeben von Raphael Loewenfeld_, vol. 2, 2d ed. (Leipzig, n. d.), pp. 1-81.

To. "On Life" = GRAF LEO TOLSTOJ, _Ueber das Leben, deutsch von Sophie Behr_ (Leipzig 1889).

To. "Patriotism" = GRAF LEO N. TOLSTOJ, _Christentum und Vaterlandsliebe, deutsch von L. A. Hauff_ (Berlin n. d.).

To. "Persecutions" = _Russische Christenverfolgungen im Kaukasus. Mit einem Vor- und Nachwort von Leo Tolstoj_ (Dresden und Leipzig 1896) pp. 7-8, 38-48.

To. "Reason and Dogma" = GRAF LEO N. TOLSTOJ, _Vernunft und Dogma. Eine Kritik der Glaubenslehre, deutsch von L. A. Hauff_ (Berlin n. d.).

To. "Religion and Morality" = GRAF LEO TOLSTOJ, _Religion und Moral. Antwort auf eine in der "Ethischen Kultur" gestellte Frage, deutsch von Sophie Behr_ (Berlin 1894).

To. "What I Believe" = GRAF LEO TOLSTOJ, _Worin besteht mein Glaube? Eine Studie, deutsch von Sophie Behr_ (Leipzig 1885).

To. "What Shall We Do" = GRAF LEO TOLSTOJ, _Was sollen wir also thun? deutsch von August Scholz_ (Berlin 1891).

Tripels = "Discours de Tripels," in _Congres international d'anthropologie criminelle, compte rendu des travaux de la quatrieme session, tenue a Geneve du 24 au 29 aout 1896_ (Geneve 1897) pp. 253-4.

Tucker = BENJ. R. TUCKER, _Instead of a Book. By a Man Too Busy to Write One. A fragmentary exposition of philosophical Anarchism_ (New York 1893).

Van Hamel = VAN HAMEL, "L'Anarchisme et le Combat contre l'anarchisme au point de vue de l'anthropologie criminelle," in _Congres international d'anthropologie criminelle, compte rendu des travaux de la quatrieme session, tenue a Geneve du 24 au 29 aout 1896_ (Geneve 1897) pp. 254-7.

Zenker = E. V. ZENKER, _Der Anarchismus. Kritische Geschichte der anarchistischen Theorie_ (Jena 1895).

Footnote:

[1] Entitled "The Ego and His Own." N. Y., Benj. R. Tucker, 1907.

Introduction

1. We want to know Anarchism scientifically, for reasons both personal and external.

We wish to penetrate the essence of a movement that dares to question what is undoubted and to deny what is venerable, and nevertheless takes hold of wider and wider circles.

Besides, we wish to make up our minds whether it is not necessary to meet such a movement with force, to protect the established order or at least its quiet progressive development, and, by ruthless measures, to guard against greater evils.

2. At present there is the greatest lack of clear ideas about Anarchism, and that not only among the masses but among scholars and statesmen.

Now it is a historic law of evolution[2] that is described as the supreme law of Anarchism, now it is the happiness of the individual,[3] now justice.[4]

Now they say that Anarchism culminates in the negation of every programme,[5] that it has only a negative aim;[6] now, again, that its negating and destroying side is balanced by a side that is affirmative and creative;[7] now, to conclude, that what is original in Anarchism is to be found exclusively in its utterances about the ideal society,[8] that its real, true essence consists in its positive efforts.[9]

Now it is said that Anarchism rejects law,[10] now that it rejects society,[11] now that it rejects only the State.[12]

Now it is declared that in the future society of Anarchism there is no tie of contract binding persons together;[13] now, again, that Anarchism aims to have all public affairs arranged for by contracts between federally constituted communes and societies.[14]

Now it is said in general that Anarchism rejects property,[15] or at least private property;[16] now a distinction is made between Communistic and Individualistic,[17] or even between Communistic, Collectivistic, and Individualistic Anarchism.[18]

Now it is asserted that Anarchism conceives of its realization as taking place through crime,[19] especially through a violent revolution[20] and by the help of the propaganda of deed;[21] now, again, that Anarchism rejects violent tactics and the propaganda of deed,[22] or that these are at least not necessary constituents of Anarchism.[23]

3. Two demands must be made of everybody who undertakes to produce a scientific work on Anarchism.

First, he must be acquainted with the most important Anarchistic writings. Here, to be sure, one meets great difficulties. Anarchistic writings are very scantily represented in our public libraries. They are in part so rare that it is extremely difficult for an individual to acquire even the most prominent of them. So it is not strange that of all works on Anarchism only one is based on a comprehensive knowledge of the sources. This is a pamphlet which appeared anonymously in New York in 1894, "_Die historische Entwickelung des Anarchismus_" which in sixteen pages gives a concise presentation that attests an astonishing acquaintance with the most various Anarchistic writings. The two large works, _"L'anarchia e gli anarchici, studio storico e politico di E. Sernicoli_" 2 vol., Milano, 1894, and "_Der Anarchismus, kritische Geschichte der anarchistischen Theorie von E. V. Zenker_," Jena, 1895, are at least in part founded on a knowledge of Anarchistic writings.

Second, he who would produce a scientific work on Anarchism must be equally at home in jurisprudence, in economics, and in philosophy. Anarchism judges juridical institutions with reference to their economic effects, and from the standpoint of some philosophy or other. Therefore, to penetrate its essence and not fall a victim to all possible misunderstandings, one must be familiar with those concepts of philosophy, jurisprudence, and economics which it applies or has a relation to. This demand is best met, among all works on Anarchism, by Rudolf Stammler's pamphlet, "_Die Theorie des Anarchismus_," Berlin, 1894.

Footnotes:

[2] "_Der Anarchismus und seine Traeger_" pp. 124, 125, 127; Reichesberg p. 27.

[3] Lenz p. 3.

[4] Bernatzik pp. 2, 3.

[5] Lenz p. 5.

[6] Crispi.

[7] Van Hamel p. 112.

[8] Adler p. 321.

[9] Reichesberg p. 13.

[10] Stammler pp. 2, 4, 34, 36; Lenz pp. 1, 4.

[11] Silio p. 145; Garraud p. 12; Reichesberg p. 16; Tripels p. 253.

[12] Bernstein p. 359; Bernatzik p. 3.

[13] Reichesberg p. 30.

[14] Lombroso p. 31.

[15] Silio p. 145; Dubois p. 213.

[16] Lombroso p. 31; Proal p. 50.

[17] Rienzi p. 9; Stammler pp. 28-31; Merlino pp. 18, 27; Shaw p. 23.

[18] "_Die historische Entwickelung des Anarchismus_" p. 16; Zenker p. 161.

[19] Garraud p. 6; Lenz p. 5.

[20] Sernicoli vol. 2 p. 116; Garraud p. 2; Reichesberg p. 38; Van Hamel p. 113.

[21] Garraud pp. 10, 11; Lombroso p. 34; Ferri p. 257.

[22] Mackay "_Magazin_" pp. 913-915; "_Anarchisten_" pp. 239-243.

[23] Zenker pp. 203, 204.

Chapter I

The Problem

1.--General

The problem for our study is, to get determinate concepts of Anarchism and its species. As soon as such determinate concepts are attained, Anarchism is scientifically known. For their determination is not only conditioned on a comprehensive view of all the individual phenomena of Anarchism; it also brings together the results of this comprehensive view, and assigns to them a place in the totality of our knowledge.

The problem of getting determinate concepts of Anarchism and its species seems at a first glance perfectly clear. But the apparent clearness vanishes on closer examination.

For there rises first the question, what shall be the starting-point of our study? The answer will be given, "Anarchistic teachings." But there is by no means an agreement as to what teachings are Anarchistic; one man designates as "Anarchistic" these teachings, another those; and of the teachings themselves a part designate themselves as Anarchistic, a part do not. How can one take any of them as Anarchistic teachings for a starting-point, without applying that very concept of Anarchism which he has yet to determine?

Then rises the further question, what is the goal of the study? The answer will be given, "the concepts of Anarchism and its species." But we see daily that different men define in quite different ways the concept of an object which they yet conceive in the same way. One says that law is the general will; another, that it is a mass of precepts which limit a man's natural liberty for other men's sake; a third, that it is the ordering of the life of the nation (or of the community of nations) to maintain God's order of the world. They all know that a definition should state the proximate genus and the distinctive marks of the species, but this knowledge does them little good. So it seems that the goal of the study does still require elucidation.

Lastly rises the question, what is the way to this goal? Any one who has ever observed the conflict of opinions in the intellectual sciences knows well, on the one hand, how utterly we lack a recognized method for the solution of problems; and, on the other hand, how necessary it is in any study to get clearly in mind the method that is to be used.

2. Our study can come to a more precise specification of its problem. The problem is to put concepts in the place of non-conceptual notions of Anarchism and its species.

Every concept-determining study faces the problem of comprehending conceptually an object that was first comprehended non-conceptually, and therefore of putting a concept in the place of non-conceptual notions of an object. This problem finds a specially clear expression in the concept-determining judgment (the definition), which puts in immediate juxtaposition, in its subject some non-conceptual notion of an object, and in its predicate a conceptual notion of the same object.

Accordingly, the study that is to determine the concepts of Anarchism and its species has for its problem to comprehend conceptually objects that are first comprehended in non-conceptual notions of Anarchism and its species; and therefore, to put concepts in the place of these non-conceptual notions.

3. But our study may specify its problem still more precisely, though at first only on the negative side. The problem is not to put concepts in the place of all notions that appear as non-conceptual notions of Anarchism and its species.

Any concept can comprehend conceptually only one object, not another object together with this. The concept of health cannot be at the same time the concept of life, nor the concept of the horse that of the mammal.

But in the non-conceptual notions that appear as notions of Anarchism and its species there are comprehended very different objects. To be sure, the object of all these notions is on the one hand a genus that is formed by the common qualities of certain teachings, and on the other hand the species of this genus, which are formed by the addition of sundry peculiarities to these common qualities. But still these notions have in view very different groups of teachings with their common and special qualities, some perhaps only the teachings of Kropotkin and Most, others only the teachings of Stirner, Tucker, and Mackay, others again the teachings of both sets of authors.

If one proposed to put concepts in the place of all the non-conceptual notions which appear as notions of Anarchism and its species, these concepts would have to comprehend at once the common and special qualities of quite different groups of teachings, of which groups one might embrace only the teachings of Kropotkin and Most, another only those of Stirner, Tucker, and Mackay, a third both. But this is impossible: the concepts of Anarchism and its species can comprehend only the common and special qualities of a single group of teachings; therefore our study cannot put concepts in the place of all the notions that appear as notions of Anarchism and its species.

4. By completing on the affirmative side this negative specification of its problem, our study can arrive at a still more precise specification of this problem. The problem is to put concepts in the place of those non-conceptual notions of Anarchism and its species, having in view one and the same group of teachings, which are most widely diffused among the men who at present are scientifically concerned with Anarchism.

Because the only possible problem for our study is to put concepts in the place of part of the notions that appear as non-conceptual notions of Anarchism and its species,--to wit, only in the place of such notions as have in view one and the same group of teachings with its common and special qualities,--therefore we must divide into classes, according to the groups of teachings that they severally have in view, the notions that appear as notions of Anarchism and its species, and we must choose the class whose notions are to be replaced by concepts.

The choice of the class must depend on the kind of men for whom the study is meant. For the study of a concept is of value only for those who non-conceptually apprehend the object of the concept, since the concept takes the place of their notions only. For those who form a non-conceptual notion of space, the concept of morality is so far meaningless; and just as meaningless, for those who mean by Anarchism what the teachings of Proudhon and Stirner have in common, is the concept of what is common to the teachings of Proudhon, Stirner, Bakunin, and Kropotkin.

But the men for whom this study is meant are those who at present are scientifically concerned with Anarchism. If all these, in their notions of Anarchism and its species, had in view one and the same group of teachings, then the problem for our study would be to put concepts in the place of this set of notions. Since this is not the case, the only possible problem for our study is to put concepts in the place of that set of notions which has in view a group of teachings that the greatest possible number of the men at present scientifically concerned with Anarchism have in view in their non-conceptual notions of Anarchism and its species.

2.--The Starting-Point

In accordance with what has been said, the starting-point of our study must be those non-conceptual notions of Anarchism and its species, having in view one and the same group of teachings, which are most widely diffused among the men who at present are scientifically concerned with Anarchism.

1. How can it be known what group of teachings the non-conceptual notions of Anarchism and its species most widely diffused among the men at present scientifically concerned with Anarchism have in view?

First and foremost, this may be seen from utterances regarding particular Anarchistic teachings, and from lists and descriptions of such teachings.

We may assume that a man regards as Anarchistic those teachings which he designates as Anarchistic, and, further, those teachings which are likewise characterized by the common qualities of these. We may further assume that a man does not regard as Anarchistic those teachings which he in any form contrasts with the Anarchistic teachings, nor, if he undertakes to catalogue or describe the whole body of Anarchistic teachings, those teachings unknown to him which are not characterized by the common qualities of the teachings he catalogues or describes.

What group of teachings those non-conceptual notions of Anarchism and its species which are most widely diffused among the men at present scientifically concerned with Anarchism have in view, may be seen secondly from the definitions of Anarchism and from other utterances about it. We may doubtingly assume that a man regards as Anarchistic those teachings which come under his definition of Anarchism, or for which his utterances about Anarchism hold good; and, on the contrary, that he does not regard as Anarchistic those teachings which do not come under that definition, or for which these utterances do not hold good.

When these two means of knowledge lead to contradictions, the former must be decisive. For, if a man so defines Anarchism, or so speaks of Anarchism, that on this basis teachings which he declares non-Anarchistic manifest themselves to be Anarchistic,--and perhaps other teachings, which he counts among the Anarchistic, to be non-Anarchistic,--this can be due only to his not being conscious of the scope of his general pronouncements; therefore it is only from his treatment of the individual teachings that one can find out his opinion of these.

2. These means of knowledge inform us what group of teachings the non-conceptual notions of Anarchism and its species most widely diffused among the men at present scientifically concerned with Anarchism have in view.

We learn, first, that the teachings of certain particular men are recognized as Anarchistic teachings by the greater part of those who at present are scientifically concerned with Anarchism.

We learn, second, that by the greater part of those who at present are scientifically concerned with Anarchism the teachings of these men are recognized as Anarchistic teachings only in so far as they relate to law, the State, and property; but not in so far as they may be concerned with the law, State, or property of a particular legal system or a particular group of legal systems, nor in so far as they regard other objects, such as religion, the family, art.

Among the recognized Anarchistic teachings seven are particularly prominent: to wit, the teachings of Godwin, Proudhon, Stirner, Bakunin, Kropotkin, Tucker, and Tolstoi. They all manifest themselves to be Anarchistic teachings according to the greater part of the definitions of Anarchism, and of other scientific utterances about it. They all display the qualities that are common to the doctrines treated of in most descriptions of Anarchism. Some of them, be it one or another, are put in the foreground in almost every work on Anarchism. Of no one of them is it denied, to an extent worth mentioning, that it is an Anarchistic teaching.

3.--The Goal

In accordance with what has been said, the goal of our study must be to determine, first, the concept of the genus which is constituted by the common qualities of those teachings which the greater part of the men at present scientifically concerned with Anarchism recognize as Anarchistic teachings; second, the concepts of the species of this genus, which are formed by the accession of any specialties to those common qualities.

1. The first thing toward a concept is that an object be apprehended as clearly and purely as possible.

In non-conceptual notions an object is not apprehended with all possible clearness. In our non-conceptual notions of gold we most commonly make clear to ourselves only a few qualities of gold; one of us, perhaps, thinks mainly of the color and the lustre, another of the color and malleability, a third of some other qualities. But in the concept of gold color, lustre, malleability, hardness, solubility, fusibility, specific gravity, atomic weight, and all other qualities of gold, must be apprehended as clearly as possible.

Nor is an object apprehended in all possible purity in our non-conceptual notions. We introduce into our non-conceptual notions of gold many things that do not belong among the qualities of gold; one, perhaps, thinks of the present value of gold, another of golden dishes, a third of some sort of gold coin. But all these alien adjuncts must be kept away from the concept of gold.

So the first goal of our study is to describe as clearly as possible on the one side, and as purely as possible on the other, the common qualities of those teachings which the greater part of the men at present scientifically concerned with Anarchism recognize as Anarchistic teachings, and the specialties of all the teachings which display these common qualities.

2. It is further requisite for a concept that an object should have its place assigned as well as possible in the total realm of our experience,--that is, in a system of species and genera which embraces our total experience.

In non-conceptual notions an object does not have its place assigned in the total realm of our experience, but arbitrarily in one of the many genera in which it can be placed according to its various qualities. One of us, perhaps, thinks of gold as a species of the genus "yellow bodies," another as a species of the genus "malleable bodies," a third as a species of some other genus. But the concept of gold must assign it a place in a system of species and genera that embraces our whole experience,--a place in the genus "metals."

So a further goal of our study is to assign a place as well as possible in the total realm of our experience (that is, in a system of species and genera which embraces our total experience) for the common qualities of those teachings which the greater part of the men at present scientifically concerned with Anarchism recognize as Anarchistic teachings, and for the specialties of all the teachings that display these common qualities.

4.--The Way To The Goal

In accordance with what has been said, the way that our study must take to go from its starting-point to its goal will be in three parts. First, the concepts of law, the State, and property must be determined. Next, it must be ascertained what the Anarchistic teachings assert about law, the State, and property. Finally, after removing some errors, we must get determinate concepts of Anarchism and its species.

1. First, we must get determinate concepts of law, the State, and property; and this must be of law, the State, and property in general, not of the law, State, or property of a particular legal system or a particular family of legal systems.

Law, the State, and property, in this sense, are the objects about which the doctrines which are to be examined in their common and special qualities make assertions. Before the fact of any assertions about an object can be ascertained,--not to say, before the common and special qualities of these assertions can be brought out and assigned to a place in the total realm of our experience,--we must get a determinate concept of this object itself. Hence the first thing that must be done is to determine the concepts of law, the State, and property (chapter II).

2. Next, it must be ascertained what the Anarchistic teachings assert about law, the State, and property;--that is, the recognized Anarchistic teachings, and also those teachings which likewise display the qualities common to these.

What the recognized Anarchistic teachings say, must be ascertained in order to determine the concept of Anarchism. What all the teachings that display the common qualities of the recognized Anarchistic teachings say, must be ascertained in order that we may get determinate concepts of the species of Anarchism.

So each of these teachings must be questioned regarding its relation to law, the State, and property. These questions must be preceded by the question on what foundation the teaching rests, and must be followed by the question how it conceives the process of its realization.

It is impossible to present here all recognized Anarchistic teachings, not to say all Anarchistic teachings. Therefore our study limits itself to the presentation of seven especially prominent teachings (chapters III to IX), and then, from this standpoint, seeks to get a view of the totality of recognized Anarchistic teachings and of all Anarchistic teachings (chapter X).

The teachings presented are presented in their own words,[24] but according to a uniform system: the first, for security against the importation of alien thoughts; the second, to avoid the uncomparable juxtaposition of fundamentally different courses of thought. They have been compelled to give definite replies to definite questions; it was indeed necessary in many cases to bring the answers together in tiny fragments from the most various writings, to sift them so far as they contradicted each other, and to explain them so far as they deviated from ordinary language. Thus Tolstoi's strictly logical structure of thought and Bakunin's confused talk, Kropotkin's discussions full of glowing philanthropy and Stirner's self-pleasing smartness, come before our eyes directly and yet in comparable form.

3. Finally, after removing widely diffused errors, we are to get determinate concepts of Anarchism and its species.

We must, therefore, on the basis of that knowledge of the Anarchistic teachings which we have acquired, clear away the most important errors about Anarchism and its species; and then we must determine what the Anarchistic teachings have in common, and what specialties are represented among them, and assign to both a place in the total realm of our experience. Then we have the concepts of Anarchism and its species (chapter XI).

Footnote:

[24] Russian writings are cited from translations, which are cautiously revised where they seem too harsh.

Chapter II

Law, The State, Property

1.--General

_In this discussion we are to get determinate concepts of law, the State, and property in general, not of the law, State, and property of a particular legal system or of a particular family of legal systems. The concepts of law, State, and property are therefore to be determined as concepts of general jurisprudence, not as concepts of any particular jurisprudence._

1. By the concepts of law, State, and property one may understand, first, the concepts of law, State, and property in the science of a particular legal system.

These concepts of law, State, and property contain all the characteristics that belong to the substance of a particular legal system. They embrace only the substance of this system. They may, therefore, be called concepts of the science of this system. For we may designate as the science of a particular legal system that part of jurisprudence which concerns itself exclusively with the norms of a particular legal system.

The concepts of law, State, and property in the science of a legal system are distinguished from the concepts of law, State, and property in the sciences of other legal systems by this characteristic,--that they are concepts of norms of this particular system. From this characteristic we may deduce all the characteristics that result from the special substance of this system of law in contrast to other such systems. The concepts of property in the present laws of the German empire, of France, and of England are distinguished by the fact that they are concepts of norms of these three different legal systems. Consequently they are as different as are the norms of the present imperial-German, French, and English law on the subject of property. The concepts of law, State, and property in different legal systems are to each other as species-concepts which are subordinate to one and the same generic concept.

2. Second, one may understand by the concepts of law, State, and property the concepts of law, State, and property in the science of a particular family of laws.

These concepts of law, State, and property contain all the characteristics that belong to the common substance of the different legal systems of this family. They embrace only the common substance of the different systems of this family. They may, therefore, be called concepts of the science of this family of laws. For we may designate as the science of a particular family of laws that part of jurisprudence which deals exclusively with the norms of a particular family of legal systems, so far as these are not already dealt with by the sciences of the particular legal systems of this family.

The concepts of law, State, and property in the science of a family of laws are distinguished from the concepts of law, State, and property in the sciences of the legal systems that form the family by lacking the characteristic of being concepts of norms of these systems, and consequently lacking also all the characteristics which may be deduced from this characteristic according to the special substance of one or another legal system. The concept of the State in the science of present European law is distinguished from the concepts of the State in the sciences of present German, Russian, and Belgian law by not being a concept of norms of any one of these systems, and consequently by lacking all the characteristics that result from the special substance of the constitutional norms in force in Germany, Russia, and Belgium. Its relation to the concepts of the State in the science of these systems is that of a generic concept to subordinate species-concepts.

The concepts of law, State, and property in the science of a family of laws are distinguished from the concepts of law, State, and property in the sciences of other such families by this characteristic,--that they are concepts of norms of this particular family. From this characteristic we may deduce all the characteristics that are peculiar to the common substance of the different legal systems of this family in contrast to the common substance of the different legal systems of other families. The concept of the State in the science of present European law and the concept of the State in the science of European law in the year 1000 are distinguished by the fact that the one is a concept of constitutional norms that are in force in Europe to-day, the other of such as were in force in Europe then; consequently they are different in the same way as what the constitutional norms in force in Europe to-day have in common is different from what was common to the constitutional norms in force in Europe then. These concepts are to each other as species-concepts which are subordinate to one and the same generic concept.

3. Third, one may understand by the concepts of law, State, and property the concepts of law, State, and property in general jurisprudence.

These concepts of law, State, and property contain all the characteristics that belong to the common substance of the most different systems and families of laws. They embrace only what the norms of the most different systems and families of laws have in common. They may, therefore, be called concepts of general jurisprudence. For that part of jurisprudence which treats of legal norms without limitation to any particular system or family of laws, so far as these norms are not already treated by the sciences of the particular systems and families, may be designated as general jurisprudence.

The concepts of law, State, and property in general jurisprudence are distinguished from the concepts of law, State, and property in the particular jurisprudences by lacking the characteristic of being concepts of norms of one of these systems or at least one of these families of systems, and consequently lacking also all the characteristics which may be deduced from this characteristic according to the special substance of some system or family of laws. The concept of law _per se_ is distinguished from the concept of law in present European law and from the concept of law in the present law of the German empire by not being a concept of norms of that family of laws, not to say that particular system, and consequently by lacking all the characteristics that might belong to any peculiarities which might be common to all legal norms at present in force in Europe or in Germany. Its relation to the concepts of law in these particular jurisprudences is that of a generic concept to subordinate species-concepts.

4. In which of the senses here distinguished the concepts of law, State, and property should be defined in a particular case, and what matters should accordingly be taken into consideration in defining them, depends on the purpose of one's study.

If, for example, the point is to describe scientifically the constitutional norms of the present law of the German empire, then the concept of the State as defined on this occasion must be a concept of the science of this particular legal system. For scientific work on the norms of a particular legal system requires that concepts be formed of the norms of just this system. Consequently the material to be taken into consideration will be only the constitutional norms of the present law of the German empire.--That the concepts defined in the scientific description of a system of law are in fact concepts of the science of this system may indeed seem obscure. For every concept of the science of any particular system of law may be defined as the concept of a species under the corresponding generic concept of general jurisprudence. We define this generic concept, say the concept of the State in general jurisprudence, and add the distinctive characteristic of the species-concept, that it is a concept of norms of this particular system of law, say of the present law of the German empire. And then we often leave this additional characteristic unexpressed, where we think we may assume (as is the case in the scientific description of the norms of any particular system of law) that everybody will regard it as tacitly added. The consequence is that the definition given in the scientific description of a particular system of law looks, at a superficial glance, like the definition of a concept of general jurisprudence.

Or, if the point is to compare scientifically the norms of present European law regarding property, the concept of property as defined on this occasion must be a concept of the science of this particular family of laws. For the scientific comparison of norms of different legal systems demands that concepts of the sciences of these different legal systems be subordinately arranged under the corresponding concept of the science of the family of laws which is made up of these systems. Consequently the material to be taken into consideration will be only the norms of this family of laws.--Here again, indeed, it may seem obscure that the concepts defined are really concepts of the science of this family of laws. For the concepts that belong to the science of a family of laws may likewise be defined by defining the corresponding concepts of general jurisprudence and tacitly adding the characteristic of being concepts of norms of this particular family of laws.

Finally, if it comes to pass that the point is to compare scientifically what the norms of the most diverse systems of law have in common, the concept of law as defined on this occasion must be a concept of general jurisprudence. For the scientific comparison of norms of the most diverse systems and families of laws demands that concepts which belong to the sciences of the most diverse systems and families of laws be subordinately arranged under the corresponding concept of general jurisprudence. Consequently the material to be taken into consideration will be the norms of the most diverse systems and families of laws.

Here,--where the point is to take the first step toward a scientific comprehension of teachings which pass judgment on law, the State, and property in general, not only on the law, State, or property of a particular system or family of laws,--the concepts of law, State, and property must necessarily be defined as concepts of general jurisprudence. For a scientific comprehension of teachings which deal with the common substance of the most diverse systems and families of laws demands that concepts of this common substance--consequently concepts belonging to general jurisprudence--be formed. Therefore we have to take into consideration, as our material, the norms (especially regarding the State and property) of the most diverse systems and families of laws.

2.--Law

_Law is the body of legal norms. A legal norm is a norm which is based on the fact that men have the will to see a certain procedure generally observed within a circle which includes themselves._

1. A legal norm is a norm.

A norm is the idea of a correct procedure. A correct procedure means one that corresponds either to the final purpose of all human procedure (unconditionally correct procedure,--for instance, respect for another's life), or at any rate to some accidental purpose (conditionally correct procedure,--for instance, the skilled handling of a picklock). And the idea of a correct procedure means that the unconditionally or conditionally correct procedure is to be thought of not as a fact but as a task, not as something real but as something to be realized; it does not mean that I shall in fact spare my enemy's life, but that I am to spare it--not how the thief really did use the picklock, but how he should have used it. The idea of a correct procedure is what we designate as an "ought": when I think of an "ought," I think of what has to be done in order to realize either the final purpose of all human procedure or some accidental personal purpose. All passing of judgment on past procedure is conditioned upon the idea of a correct procedure--only with regard to this idea can past procedure be described as good or bad, expedient or inexpedient; and so is all deliberation on future procedure--only with regard to this idea does one inquire whether it will be right, or at any rate expedient, to proceed in a given manner.

Every legal norm represents a procedure as correct, declares that it corresponds to a particular purpose. And it represents this correct procedure as an idea, designates it not as a fact but as a task, does not say that any one does proceed so but that one is to proceed so. Hence a legal norm is a norm.

2. A legal norm is a norm based on a human will.

A norm based on a human will is a norm by virtue of which one must proceed in a certain way in order that he may not put himself in opposition to the will of some particular men, and so be apprehended by the power which is at the service of these men. Such a norm, therefore, represents a procedure only as conditionally correct; to wit, as a means to the end (which we are perhaps pursuing or perhaps despising) of remaining in harmony with the will of certain men, and so being spared by the power which serves this will.

Every legal norm tells us that we must proceed in a certain way in order that we may not contravene the will of some particular men and then suffer under their power. Therefore it represents a procedure only as conditionally correct, and instructs us not as to what is good but only as to what is prescribed. Hence a legal norm is a norm based on a human will.

3. A legal norm is a norm based on the fact that men will to have a certain procedure for themselves and others.

A norm is based on the fact that men will to have a certain procedure for themselves and others when the will on which the norm is based has reference not only to others who do not will, but also, at the same time, to the willers themselves also; when, therefore, these not only will that others be subject to the norm but also will to be subject to it themselves.

Every legal norm, and of all norms only the legal norm, has the characteristic that the will on which it is based reaches beyond those whose will it is, and yet embraces them too. The rule, "Whoever takes from another a movable thing that is not his own, with the intent to appropriate it illegally, is punished with imprisonment for theft," is not only based on the will of men, but each of these men is also conscious that, while on the one hand the rule applies to other men, on the other hand it applies to himself.

Here it might be alleged that, after all, the mere fact of men's will to have a certain procedure for themselves and others does not always establish law; for example, the efforts of the Bonapartists do not establish the empire in France. But it is not when this bare will exists that law is established, but only when a norm is based on this will; that is, when it has in its service so great a power that it is competent to affect the behavior of the men to whom it relates. As soon as Bonapartism spreads so widely and in such circles that this takes place, the republic will fall and the empire will indeed become law in France.

One might further appeal to the fact that in unlimited monarchies (in Russia, for instance) the law is based solely on the will of one man, who is not himself subject to it. But Russian law is not based on the czar's will at all; the czar is a weak individual man, and his will in itself is totally unqualified to affect many millions of Russians in their procedure. Russian law is based rather on the will of all those Russians--peasants, soldiers, officials--who, for the most various reasons--patriotism, self-interest, superstition--will that what the czar wills shall be law in Russia. Their will is qualified to affect the procedure of the Russians; and, if they should ever grow so few that it would no longer have this qualification, then the czar's will would no longer be law in Russia, as the history of revolutions proves.

4. It has been asserted that legal norms have still other qualities.

It has been said, first, that it belongs to the essence of a legal norm to be enforceable, or even to be enforceable in a particular way, by judicial procedure, governmental force.

If by this we are to understand that conformity can always be enforced, we are met at once by the great number of cases in which this cannot be done. When a debtor is insolvent, or a murder has been committed, conformity to the violated legal norms cannot now be enforced after the fact, but their validity is not impaired by this.

If by enforceability we mean that conformity to a legal norm must be insured by other legal norms providing for the case of its violation, we need only go on from the insured to the insuring norms for a while, to come to norms for which conformity is not insured by any further legal norms. If one refuses to recognize these norms as legal norms, then neither can the norms which are insured by them rank as legal norms, and so, going back along the series, one has at last no legal norms left.

Only if one would understand by the enforceability of the legal norm that a will must have at its disposal a certain power in order that a legal norm may be based on it, one might certainly say in this sense that enforceability belongs to the essence of a legal norm. But this quality of the legal norm would be only such a quality as would be derivable from its quality of being a norm, and would therefore have no claim to be added as a further quality.

Again, it has been named an essential quality of a legal norm that it should be based on the will of a State. But even where we cannot speak of a State at all, among nomads for instance, there are yet legal norms. Besides, every State is itself a legal relation, established by legal norms, which consequently cannot be based on its will. And lastly, the norms of international law, which are intended to bind the will of States, cannot be based on the will of a State.

Finally, it has been asserted that it was essential to a legal norm that it should correspond to the moral law. If this were so, then among the different legal norms which to-day are in force one directly after the other in the same territory, or at the same time in different territories under the same circumstances, only one could in each case be regarded as a legal norm; for under the same circumstances there is only one moral right. Nor could one speak then of unrighteous legal norms, for if they were unrighteous they would not be legal norms. But in reality, even when legal norms determine conduct quite differently under the same circumstances, they are all nevertheless recognized as legal norms; nor is it doubted that there are bad legal norms as well as good.

5. As a norm based on the fact that men have the will to see a certain procedure generally observed within a circle which includes themselves, the legal norm is distinguished from all other objects, even from those that most resemble it.

By being based on the will of men it is distinguished from the moral law (the commandment of morality); this is not based on men's willing a certain procedure, but on the fact that this procedure corresponds to the final purpose of all human procedure. The maxim, "Love your enemies, bless those who curse you, do good to those who hate you, pray for those who abuse and persecute you," is a moral law; so is the maxim, "Act so that the maxims of your will might at all times serve as the principles of a general legislation." For the correctness of such a procedure is not founded on the fact that other men will have it, but on the fact that it corresponds to the final purpose of all human procedure.

By being based on the will of men the legal norm is distinguished also from good manners; these are not based on the fact that men will a certain procedure, but on the fact that they themselves proceed in a certain way. It is manners that one goes to a ball in a dress coat and white gloves, uses his knife at table only for cutting, begs the daughter of the house for a dance or at least one round, takes leave of the master and mistress of the house, and lastly presses a tip into the servant's hand; for the correctness of such a behavior is not based on the fact that other men ask this of us,--to those who start a new fashion it is often actually unpleasant to find that the fashion is spreading to more extensive circles,--but solely on the fact that other men themselves behave so, and that we want "not to be peculiar," "not to make ourselves conspicuous," "to do like the rest," etc.

By being based on a will which relates at once to those whose will it is and to others whose will it is not, it is distinguished on the one hand from an arbitrary command, in which one's will applies only to others, and on the other from a resolution, in which it applies only to himself. It is an arbitrary command when Cortes with his Spaniards commands the Mexicans to bring out their gold, or when a band of robbers forbids a frightened peasantry to betray their hiding-place; here a human will decides, indeed, but a will that relates only to other men, and not at the same time to those whose will it is. A resolution is presented when I have decided to get up at six every morning, or to leave off smoking, or to finish a piece of work within a specified time--here a human will is indeed the standard, but it relates only to him whose will it is, not at all to others.

6. What is briefly summed up in the definition of the legal norm may, if one takes into account the explanations which have been given with this definition, be expanded as follows:

Men will that a given procedure be generally observed within a circle which includes themselves, and their power is so great that their will is competent to affect the men of this circle in their procedure. When such is the condition of things, a legal norm exists.

3.--The State

_The State is a legal relation by virtue of which a supreme authority exists in a certain territory._

1. The State is a legal relation.

A legal relation is the relation, determined by legal norms, of an obligated party, one to whom a procedure is prescribed, to an entitled party, one for whose sake it is prescribed. Thus, for instance, the legal relation of a loan is a relation of the borrower, who is bound by the legal norms concerning loans, to the lender, for whose sake he is bound.

The State is the legal relation of all the men who by legal norms are subjected to a supreme territorial authority, to all those for whose sake they are subjected to it. Here the circle of the entitled and the obligated is one and the same; the State is a bond upon all in favor of all.

To this it might perhaps be objected that the State is not a legal relation but a person. But the two propositions, that an association of men is a person in the legal sense and that it is a legal relation, are quite compatible; nay, its attribute of personality is based mainly on its attribute of being a legal relation of a particular kind; law, in viewing the association in its outward relationships as a person, starts from the fact that men are bound together by a particular legal relation. A joint-stock corporation is a person not although, but because, it is a legal relation of a peculiar kind. And similarly, the fact that the State is a person is not only reconcilable with its being a legal relation, but is founded on its being a peculiar legal relation.

2. As to the conditions of its existence, this legal relation is involuntary.

A voluntary legal relation exists when legal norms make entrance into the relation conditional on actions of the obligated party, of which actions the purpose is to bring about the legal relation; for instance, entrance into the relation of tenancy is conditioned on agreeing to a lease. _Per contra_, an involuntary legal relation exists when legal norms do not make entrance into the relation conditional on any such actions of the obligated party, as, for instance, a patent is not conditioned on any action of those who are bound by it, and the sentence of a criminal is at least not conditioned on any action whereby he intended to bring it about.

If the State were a voluntary legal relation, a supreme authority could exist only for those inhabitants of a territory who had acknowledged it. But the supreme authority exists for all inhabitants of the territory, whether they have acknowledged it or not; the legal relation is therefore involuntary.

3. The substance of this legal relation is, that a supreme authority exists in a territory.

An authority exists in a territory by virtue of a legal relation when, according to the legal norms which found the relation, the will of some men--or even merely of a man--is regulative for the inhabitants of this territory. A supreme authority exists in a territory by virtue of a legal relation when according to those norms the will of some men is finally regulative for the inhabitants of the territory,--that is, is decisive when authorities disagree. What we here designate as a supreme authority, therefore, is not the men on whose will the legal norms in force in a territory are based, but rather their highest agents, whose will they would have finally regulative within the territory.

What men it is whose will is finally regulative for the inhabitants of a territory by virtue of a legal relation--for instance, members of a royal family according to a certain order of inheritance, or persons elected according to a certain election law--depends on the legal norms by which the legal relation is determined. On these legal norms, too, depends the question within what limits the will of these men is regulative. But this limited nature of the authority does not stand in the way of its being a supreme authority; the highest agent need not be an agent with unrestricted powers.

Here one might perhaps object that in federal States, in the German empire for instance, the individual States have not supreme authority. But in reality they have it. For, even if there are a multitude of subjects in reference to which the highest authority of the individual States of the German empire has to bow to the imperial authority, yet there are also subjects enough about which the highest authority of the individual States gives a final decision. As long as there are such subjects, a supreme authority exists in the individual States; if some day there should no longer be such, one could no longer speak of individual States.

4. As a legal relation, by virtue of which a supreme authority exists in a territory, the State is distinguished from all other objects, even from those that most resemble it.

By being a legal relation it is distinguished on the one hand from institutions such as would exist in a conceivable kingdom of God or of reason, on the basis of the moral law, and on the other hand from the dominion of a conqueror in the conquered country, which can never be anything but an arbitrary dominion.

Being an involuntary legal relation, the State is distinguished from a conceivable association of men who should set up a supreme authority among themselves by an agreement, as well as from leagues under international law, in which a supreme authority exists on the basis of an agreement.

The fact that by virtue of a legal relation an authority over a territory is given distinguishes the State from the tribal community of nomads and from the Church; for in the former there is given an authority over people of a certain descent, in the latter over people of a certain faith, but in neither over people of a certain territory. And finally, in the fact that this territorial authority is a supreme authority lies the difference between the State and towns, counties, or provinces; in the latter there is indeed a territorial authority instituted, but one that by the very intent of its institution must bow to a higher authority.

5. What is briefly summed up in the definition of the State may be expanded as follows, if one takes into consideration on the one hand the previous definition of a legal norm and on the other hand the above explanations of the definition of the State:

Some inhabitants of a territory are so powerful that their will is competent to affect the inhabitants of this territory in their procedure, and these men will have it that for all the inhabitants of the territory, for themselves as well as for the rest, the will of men picked out in a certain way shall within certain limits be finally regulative. When such is the condition of things, a State exists.

4.--Property

_Property is a legal relation, by virtue of which some one has, within a certain group of men, the exclusive privilege of ultimately disposing of a thing._

1. Property is a legal relation.

As has already been stated, a legal relation is the relation of an obligated party, one to whom a procedure is prescribed by legal norms, to an entitled party, one for whose sake it is prescribed.

Property is the legal relation of all the members of a group of men who by legal norms are excluded from ultimately disposing of a thing, to him--or to those--for whose sake they are excluded from it. Here the circle of the obligated is much broader than that of the entitled; the former embraces, say, all the inhabitants of a territory or all who belong to a tribe, the latter only those among them in whom certain further conditions (for instance, transfer, prescription, appropriation) are fulfilled.

2. As to the conditions of its existence, this legal relation is involuntary.

As discussion has already shown, a voluntary legal relation exists when legal norms make entrance into the relation conditional on actions of the obligated party, of which actions the purpose is to bring about the legal relation; _per contra_, an involuntary legal relation exists when legal norms do not make entrance into the relation conditional on any such actions of the obligated party.

If property were a voluntary legal relation, then there could be excluded from ultimately disposing of a thing only those members of a group of men who had consented to this exclusion. But all members of the group--for instance, all the inhabitants of a territory, all who belong to a tribe--are excluded, whether they have consented or not.

3. The substance of this legal relation consists in some one's having, within a certain group of men, the exclusive privilege of ultimately disposing of a thing.

Some one's having, within a certain group of men, the exclusive privilege of ultimately disposing of a thing means that this group is excluded from the thing in his favor; that is, they must not hinder him from dealing with the thing according to his will, nor may they themselves deal with it against his will. Now, the exclusive disposition of a thing within a certain group of men may by virtue of a legal relation belong to several, part by part, in this way: that some--or one--of them have it in this or that particular respect (for instance, as to the usufruct), and one--or some--in all other respects which are not individually alienated. Whoever thus has, within a group of men, the exclusive disposition of a thing in all those respects which are not individually alienated, to him belongs, within that group, the exclusive privilege of ultimately disposing of the thing.

To whom this belongs by virtue of the legal relation--whether, for instance, it belongs among others to him who by labor has made a thing into some new thing--depends on the legal norms by which the legal relation is determined. On them also depends the question, within what limits this belongs to him: the dispository authority of him to whom the exclusive disposition of a thing within a group of men ultimately belongs is limited not only by the dispository authority of those to whom the exclusive disposition within the group proximately belongs, but also by the limits within which such dispository authority is at all allowed to anybody in the group. Especially, it depends on these legal norms whether a privilege of exclusive ultimate disposition belongs to individuals as well as to corporations, or only to corporations, and whether it applies to every kind of things or only to one kind or another.

4. As a legal relation by virtue of which some one has, within a certain group of men, the exclusive privilege of ultimately disposing of a thing, property is distinguished from all other objects, even from those which most resemble it.

By being a legal relation it is distinguished from all the relations in which one has the exclusive ultimate disposition of a thing guaranteed to him solely by the reasonableness of the men who surround him, or solely by his own might, as might be the case in a conceivable kingdom of God or of reason, and as is often the case in a conquered country.

Being an involuntary legal relation, it is distinguished from those legal relations by virtue of which the exclusive privilege of ultimately disposing of a thing belongs to some one solely on the ground of a contract, and solely as against the other contracting parties.

That by virtue of this legal relation some one has, within a group of men, the exclusive privilege of ultimately disposing of a thing, distinguishes property from copyright, by virtue of which some one has exclusively, within a group of men, not the disposition of a thing, but somewhat else; and furthermore from rights in the property of others, by virtue of which some one has, within a group of men, the exclusive privilege of disposing of a thing, but not of ultimately disposing of it.

5. What is briefly summed up in the definition of property may be expanded as follows, if one takes into consideration on the one hand the previously given definition of a legal norm, and on the other the above explanations of the definition of property.

Some men are so powerful that their will is able to affect in its procedure a group of men which embraces them, and these men will have it that no member of this group shall, within certain limits, hinder a member picked out in a certain way from dealing with a thing according to his will, nor, within these limits, himself deal with the thing against the will of that member, so far as the will of another member is not already in particular respects regulative with respect to that thing equally with the will of that member. When such is the condition of things, property exists.

* * * * *

[Distinguishing the State from arbitrary dominion as he here does (p. 34), and then saying that Anarchism consists solely in the negation of the State, Eltzbacher implies the unsound conclusion that Anarchism does not involve the negation of arbitrary dominion. This is because he incautiously takes the word of the learned public that the only cardinal points of Anarchism are law, the State, and property, without making sure that those who say this are using the term "State" in the precise sense defined by him. But are not many of his "arbitrary commands" law and State by his definitions? Every robber in his band (p. 31) is as much required to keep the secret as are the peasantry, and under the same penalties. In restraining a subject population I restrict my liberty of emigration or investment, and forbid myself to be an accomplice in certain things.]

Chapter III

Godwin'S Teaching

1.--General

1. William Godwin was born in 1756 at Wisbeach, Cambridgeshire. He studied theology at Hoxton, beginning in 1773. In 1778 he became preacher at Ware, Hertfordshire; in 1780, preacher at Stowmarket, Suffolk. In 1782 he gave up this position. From this time on he lived in London as an author. He died there in 1836.

Godwin published numerous works in the departments of philosophy, economics, and history; also stories, tragedies, and juvenile books.

2. Godwin's teaching about law, the State, and property is contained mainly in the two-volume work "An Enquiry Concerning Political Justice and its Influence on General Virtue and Happiness" (1793).

"The printing of this treatise," says Godwin himself, "was commenced long before the composition was finished. The ideas of the author became more perspicuous and digested as his inquiries advanced. This circumstance has led him into some inaccuracies of language and reasoning, particularly in the earlier part of the work. He did not enter upon the subject without being aware that government by its very nature counteracts the improvement of individual intellect; but he understood the proposition more completely as he proceeded, and saw more distinctly into the nature of the remedy."[25] Godwin's teaching is here presented exclusively in the developed form which it shows in the second part of the work.

3. Godwin does not call his teaching about law, the State, and property "Anarchism." Yet this word causes him no terror. "Anarchy is a horrible calamity, but it is less horrible than despotism. Where anarchy has slain its hundreds, despotism has sacrificed millions upon millions, with this only effect, to perpetuate the ignorance, the vices, and the misery of mankind. Anarchy is a short-lived mischief, while despotism is all but immortal. It is unquestionably a dreadful remedy, for the people to yield to all their furious passions, till the spectacle of their effects gives strength to recovering reason: but, though it be a dreadful remedy, it is a sure one."[26]

2.--Basis

_According to Godwin, our supreme law is the general welfare._

What is the general welfare? "Its nature is defined by the nature of mind."[27] It is unchangeable; as long as men are men it remains the same.[28] "That will most contribute to it which expands the understanding, supplies incitements to virtue, fills us with a generous consciousness of our independence, and carefully removes whatever can impede our exertions."[29]

The general welfare is our supreme law. "Duty is that mode of action on the part of the individual, which constitutes the best possible application of his capacity to the general benefit."[30] "Justice is the sum of all moral duty;"[31] "if there be such a thing, I am bound to do for the general weal everything in my power."[32] "Virtue is a desire to promote the benefit of intelligent beings in general, the quantity of virtue being as the quantity of desire;"[33] "the last perfection of this feeling consists in that state of mind which bids us rejoice as fully in the good that is done by others, as if it were done by ourselves."[34]

"The truly wise man"[35] strives only for the welfare of the whole. He is "actuated neither by interest nor ambition, the love of honor nor the love of fame. [He knows no jealousy. He is not disquieted by the comparison of what he has attained with what others have attained, but by the comparison with what ought to be attained.] He has a duty indeed obliging him to seek the good of the whole; but that good is his only object. If that good be effected by another hand, he feels no disappointment. All men are his fellow laborers, but he is the rival of no man."[36]

3.--Law

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]

4.--The State

I. _Since Godwin unconditionally rejects law, he necessarily has to reject the State as unconditionally. Nay, he regards it as a legal institution peculiarly repugnant to the general welfare._

Some base the State on force, others on divine right, others on contract.[52] But "the hypothesis of force appears to proceed upon the total negation of abstract and immutable justice, affirming every government to be right, that is possessed of power sufficient to enforce its decrees. It puts a violent termination upon all political science, and is calculated for nothing farther than to persuade men, to sit down quietly under their present disadvantages, whatever they may be, and not exert themselves to discover a remedy for the evils they suffer. The second hypothesis is of an equivocal nature. It either coincides with the first, and affirms all existing power to be alike of divine derivation; or it must remain totally useless, till a criterion can be found, to distinguish those governments which are approved by God, from those which cannot lay claim to that sanction."[53] The third hypothesis would mean that one "should make over to another the control of his conscience and the judging of his duties."[54] "But we cannot renounce our moral independence; it is a property that we can neither sell nor give away; and consequently no government can derive its authority from an original contract."[55]

"All government corresponds in a certain degree to what the Greeks denominated a tyranny. The difference is, that in despotic countries mind is depressed by a uniform usurpation; while in republics it preserves a greater portion of its activity, and the usurpation more easily conforms itself to the fluctuations of opinion."[56] "By its very nature positive institution has a tendency to suspend the elasticity and progress of mind."[57] "We should not forget that government is, abstractedly taken, an evil, a usurpation upon the private judgment and individual conscience of mankind."[58]

II. _The general welfare demands that a social human life based solely on its precepts should take the place of the State._

1. Men are to live together in society even after the abolition of the State. "A fundamental distinction exists between society and government. Men associated at first for the sake of mutual assistance."[59] It was not till later that restraint appeared in these associations, in consequence of the errors and perverseness of a few. "Society and government are different in themselves, and have different origins. Society is produced by our wants, and government by our wickedness. Society is in every state a blessing; government even in its best state but a necessary evil."[60]

But what is to hold men together in "society without government"?[61] Not a promise,[62] at any rate. No promise can bind me; for either what I have promised is good, then I must do it even if there had been no promise; or it is bad, then not even the promise can make it my duty.[63] "The fact that I have committed an error does not oblige me to make myself guilty of a second also."[64] "Suppose I had promised a sum of money for a good and worthy object. In the interval between the promise and its fulfilment a greater and nobler object presents itself to me, and imperiously demands my co-operation. To which shall I give the preference? To the one that deserves it. My promise can make no difference. I must be guided by the value of things, not by an external and alien point of view. But the value of things is not affected by my having taken upon me an obligation."[65]

"Common deliberation regarding the general good"[66] is to hold men together in societies hereafter. This is highly in harmony with the general welfare. "That a nation should exercise undiminished its function of common deliberation, is a step gained, and a step that inevitably leads to an improvement of the character of individuals. That men should agree in the assertion of truth, is no unpleasing evidence of their virtue. Lastly, that an individual, however great may be his imaginary elevation, should be obliged to yield his personal pretensions to the sense of the community, at least bears the appearance of a practical confirmation of the great principle, that all private considerations must yield to the general good."[67]

2. The societies are to be small, and to have as little intercourse with each other as possible.

Small territories are everywhere to administer their affairs independently.[68] "No association of men, so long as they adhered to the principles of reason, could possibly have any interest in extending their territory."[69] "Whatever evils are included in the abstract idea of government, are all of them extremely aggravated by the extensiveness of its jurisdiction, and softened under circumstances of an opposite species. Ambition, which may be no less formidable than a pestilence in the former, has no room to unfold itself in the latter. Popular commotion is like the waves of the sea, capable where the surface is large of producing the most tragical effects, but mild and innocuous when confined within the circuit of a humble lake. Sobriety and equity are the obvious characteristics of a limited circle."[70]--"The desire to gain a more extensive territory, to conquer or to hold in awe our neighboring States, to surpass them in arts or arms, is a desire founded in prejudice and error. Power is not happiness. Security and peace are more to be desired than a name at which nations tremble. Mankind are brethren. We associate in a particular district or under a particular climate, because association is necessary to our internal tranquillity, or to defend us against the wanton attacks of a common enemy. But the rivalship of nations is a creature of the imagination."[71]

The little independently-administered territories are to have as little to do with each other as possible. "Individuals cannot have too frequent or unlimited intercourse with each other; but societies of men have no interests to explain and adjust, except so far as error and violence may render explanation necessary. This consideration annihilates at once the principal objects of that mysterious and crooked policy which has hitherto occupied the attention of governments. Before this principle officers of the army and the navy, ambassadors and negotiators, and all the train of artifices that has been invented to hold other nations at bay, to penetrate their secrets, to traverse their machinations, to form alliances and counter-alliances, sink into nothing."[72]

3. But how are the functions that the State performs at present to be performed in the future societies? "Government can have no more than two legitimate purposes, the suppression of injustice against individuals within the community" (which includes the settling of controversies between different districts[73]), "and the common defence against external invasion."[74]

"The first of these purposes, which alone can have an uninterrupted claim upon us, is sufficiently answered by an association of such an extent as to afford room for the institution of a jury, to decide upon the offences of individuals within the community, and upon the questions and controversies respecting property which may chance to arise."[75] This jury would decide not according to any system of law, but according to reason.[76]--"It might be easy indeed for an offender to escape from the limits of so petty a jurisdiction; and it might seem necessary at first that the neighboring parishes or jurisdictions should be governed in a similar manner, or at least should be willing, whatever was their form of government, to co-operate with us in the removal or reformation of an offender whose present habits were alike injurious to us and to them. But there will be no need of any express compact, and still less of any common centre of authority, for this purpose. General justice and mutual interest are found more capable of binding men than signatures and seals."[77]

The second function would present itself to us only from time to time. "However irrational might be the controversy of parish with parish in such a state of society, it would not be the less possible. Such emergencies can only be provided against by the concert of several districts, declaring and, if needful, enforcing the dictates of justice."[78] Foreign invasions too would make such a concert necessary, and would to this extent resemble those controversies.[79] Therefore it would be "necessary upon certain occasions to have recourse to national assemblies, or in other words assemblies instituted for the joint purpose of adjusting the differences between district and district, and of consulting respecting the best mode of repelling foreign invasion."[80]--But they "ought to be employed as sparingly as the nature of the case will admit."[81] For, in the first place, the decision is given by the number of votes, and "is determined, at best, by the weakest heads in the assembly, but, as it not less frequently happens, by the most corrupt and dishonorable intentions."[82] In the second place, as a rule the members are guided in their decisions by all sorts of external reasons, and not solely by the results of their free reflection.[83] In the third place, they are forced to waste their strength on petty matters, while they cannot possibly let themselves be quietly influenced by argument.[84] Therefore national assemblies should "either never be elected but upon extraordinary emergencies, like the dictator of the ancient Romans, or else sit periodically, one day for example in a year, with a power of continuing their sessions within a certain limit. The former is greatly to be preferred."[85]

But what would be the authority of these national assemblies and those juries? Mankind is so corrupted by present institutions that at first the issuing of commands, and some degree of coercion, would be necessary; but later it would be sufficient for juries to recommend a certain mode of adjusting controversies, and for national assemblies to invite their constituencies to co-operate for the common advantage.[86] "If juries might at length cease to decide and be contented to invite, if force might gradually be withdrawn and reason trusted alone, shall we not one day find that juries themselves, and every other species of public institution, may be laid aside as unnecessary? Will not the reasonings of one wise man be as effectual as those of twelve? Will not the competence of one individual to instruct his neighbors be a matter of sufficient notoriety, without the formality of an election? Will there be many vices to correct and much obstinacy to conquer? This is one of the most memorable stages of human improvement. With what delight must every well-informed friend of mankind look forward to the auspicious period, the dissolution of political government, of that brute engine, which has been the only perennial cause of the vices of mankind, and which has mischiefs of various sorts incorporated with its substance, and no otherwise to be removed than by its utter annihilation!"[87]

5.--Property

I. _In consequence of his unconditional rejection of law, Godwin necessarily has to reject property also without any limitation. Nay, property, or, as he expresses himself, "the present system of property,"_[88]--_that is, the distribution of wealth at present established by law,--appears to him to be a legal institution that is peculiarly injurious to the general welfare._ "The wisdom of law-makers and parliaments has been applied to creating the most wretched and senseless distribution of property, which mocks alike at human nature and at the principles of justice."[89]

The present system of property distributes commodities in the most unequal and most arbitrary way. "On account of the accident of birth, it piles upon a single man enormous wealth. If one who has been a beggar becomes a well-to-do man, we usually know that he has not precisely his honesty or usefulness to thank for this change. It is often hard enough for the most diligent and industrious member of society to preserve his family from starvation."[90] "And if I receive the reward of my work, they give me a hundred times more food than I can eat, and a hundred times more clothes than I can wear. Where is the justice in this? If I am the greatest benefactor of the human race, is that a reason for giving me what I do not need, especially when my superfluity might be of the greatest use to thousands?"[91]

This unequal distribution of commodities is altogether opposed to the general welfare. It hampers intellectual progress. "Accumulated property treads the powers of thought in the dust, extinguishes the sparks of genius, and reduces the great mass of mankind to be immersed in sordid cares, beside depriving the rich of the most salubrious and effectual motives to activity."[92] And the rich man can buy with his superfluity "nothing but glitter and envy, nothing but the dismal pleasure of restoring to the poor man as alms that to which reason gives him an undeniable right."[93]

But the unequal distribution of commodities is also a hindrance to moral perfection. In the rich it produces ambition, vanity, and ostentation; in the poor, oppression, servility, and fraud, and, in consequence of these, envy, malice, and revenge.[94] "The rich man stands forward as the principal object of general esteem and deference. In vain are sobriety, integrity, and industry, in vain the sublimest powers of mind and the most ardent benevolence, if their possessor be narrowed in his circumstances. To acquire wealth and to display it, is therefore the universal passion."[95] "Force would have died away as reason and civilization advanced, but accumulated property has fixed its empire."[96] "The fruitful source of crimes consists in this circumstance, one man's possessing in abundance that of which another man is destitute."[97]

II. _The general welfare demands that a distribution of commodities based solely on its precepts should take the place of property._ When Godwin uses the expression "property" for that portion of commodities which is assigned to an individual by these precepts, he does so only in a transferred sense; only a portion assigned by law can be designated as property in the strict sense.

Now, according to the decrees of the general welfare, every man should have the means for a good life.

1. "How is it to be decided whether an object that may be used for the benefit of man shall be my property or yours? There is only one answer; according to justice."[98] "The laws of different countries dispose of property in a thousand different ways; but only one of them can be most consonant with justice."[99]

Justice demands in the first place that every man have the means for life. "Our animal needs, it is well known, consist in food, clothing, and shelter. If justice means anything, nothing can be more unjust than that any man lacks these and at the same time another has too much of them. But justice does not stop here. So far as the general stock of commodities holds out, every one has a claim not only to the means for life, but to the means for a good life. It is unjust that a man works to the point of destroying his health or his life, while another riots in superfluity. It is unjust that a man has not leisure to cultivate his mind, while another does not move a finger for the general welfare."[100]

2. Such a "state of equality"[101] would advance the general welfare in the highest degree. In it labor would become "so light, as rather to assume the appearance of agreeable relaxation, and gentle exercise."[102] "Every man would have a frugal, yet wholesome diet; every man would go forth to that moderate exercise of his corporal functions that would give hilarity to the spirits; none would be made torpid with fatigue, but all would have leisure to cultivate the kindly and philanthropical affections, and to let loose his faculties in the search of intellectual improvement."[103]

"How rapid would be the advances of intellect, if all men were admitted into the field of knowledge! It is to be presumed that the inequality of mind would in a certain degree be permanent; but it is reasonable to believe that the geniuses of such an age would far surpass the greatest exertions of intellect that are at present known."[104]

And the moral progress would be as great as the intellectual. The vices which are inseparably joined to the present system of property "would inevitably expire in a state of society where men lived in the midst of plenty, and where all shared alike the bounties of nature. The narrow principle of selfishness would vanish. No man being obliged to guard his little store, or provide with anxiety and pain for his restless wants, each would lose his individual existence in the thought of the general good. No man would be an enemy to his neighbor, for they would have no subject of contention; and of consequence philanthropy would resume the empire which reason assigns her."[105]

3. But how could such a distribution of commodities be effected in a particular case?

"As soon as law was abolished, men would begin to inquire after equity. In this situation let us suppose a litigated succession brought before them, to which there were five heirs, and that the sentence of their old legislation had directed the division of this property into five equal shares. They would begin to inquire into the wants and situation of the claimants. The first we will suppose to have a fair character and be prosperous in the world: he is a respectable member of society, but farther wealth would add little either to his usefulness or his enjoyments. The second is a miserable object, perishing with want, and overwhelmed with calamity. The third, though poor, is yet tranquil; but there is a situation to which his virtue leads him to aspire and in which he may be of uncommon service, but which he cannot with propriety accept, without a capital equal to two-fifths of the whole succession. One of the claimants is an unmarried woman past the age of child-bearing. Another is a widow, unprovided, and with a numerous family depending on her succor. The first question that would suggest itself to unprejudiced persons having the allotment of this succession referred to their unlimited decision, would be, what justice is there in the indiscriminate partition which has hitherto prevailed?"[106] And their answer could not be doubtful.

6.--Realization.

_The change which is called for by the general welfare should, according to Godwin, be effected by those who have recognized the truth persuading others how necessary the change is for the general welfare, so that law, the State, and property would spontaneously disappear and the new condition would take their place._

I. The sole requirement is to convince men that the general welfare demands the change.

1. Every other way is to be rejected. "Our judgment will always suspect those weapons that can be used with equal prospect of success on both sides. Therefore we should regard all force with aversion. When we enter the lists of battle, we quit the sure domain of truth and leave the decision to the caprice of chance. The phalanx of reason is invulnerable; it moves forward with calm, sure step, and nothing can withstand it. But, when we lay aside arguments, and have recourse to the sword, the case is altered. Amidst the clamorous din of civil war, who shall tell whether the event will be prosperous or adverse? We must therefore distinguish carefully between instructing the people and exciting them. We must refuse indignation, rage, and passion, and desire only sober reflection, clear judgment, and fearless discussion."[107]

2. The point is to convince men as generally as possible. Only when this is accomplished can acts of violence be avoided. "Why did the revolution in France and America find all sorts and conditions of men almost unanimous, while the resistance to Charles the First divided our nation into two equal parties? Because the latter occurred in the seventeenth century, the former at the end of the eighteenth. Because at the time of the revolutions in France and America philosophy had already developed some of the great truths of political science, and under the influence of Sydney and Locke, of Montesquieu and Rousseau, a number of strong and thoughtful minds had perceived what an evil force is. If these revolutions had taken place still later, not a drop of civic blood would have been shed by civic hands, not in a single case would force have been used against persons or things."[108]

3. The means to convince men as generally as possible of the necessity of a change consist in "proof and persuasion. The best warrant of a happy outcome lies in free, unrestricted discussion. In this arena truth must always be victor. If, therefore, we would improve the social institutions of mankind, we must seek to convince by spoken and written words. This activity has no limits; this endeavor admits of no interruption. Every means must be used, not so much to draw men's attention and bring them over to our opinion by persuasion, as rather to remove every barrier to thought and to open to everybody the temple of science and the field of study."[109]

"Therefore the man who has at heart the regeneration of his species should always bear in mind two principles, to regard hourly progress in the discovery and dissemination of truth as essential, and calmly to let years pass before he urges the carrying into effect of his teaching. With all his prudence, it may be that the boisterous multitude will hurry ahead of the calm, quiet progress of reason; then he will not condemn the revolution that takes place some years before the time set by wisdom. But if he is ruled by strict prudence he can without doubt frustrate many over-hasty attempts, and considerably prolong the general quietness."[110]

"This does not mean, as one might think, that the changing of our conditions lies at an immeasurable distance. It is the nature of human affairs that great alterations take place suddenly, and great discoveries are made unexpectedly, as it were accidentally. When I cultivate a young person's mind, when I exert myself to influence that of an older person, it will long seem as if I had accomplished little, and the fruits will show themselves when I least expect them. The kingdom of truth comes quietly. The seed of virtue may spring up when it was fancied to be lost."[111] "If the true philanthropist but tirelessly proclaims the truth and vigilantly opposes all that hinders its progress, he may look forward, with heart at rest, to a speedy and favorable outcome."[112]

II. As soon as the conviction that the general welfare demands a change in our condition has made itself generally felt, law, the State, and property will disappear spontaneously and give way to the new condition. "Reform, under this meaning of the term, can scarcely be considered as of the nature of action. [It is a general enlightenment.] Men feel their situation; and the restraints that shackled them before, vanish like a deception. When such a crisis has arrived, not a sword will need to be drawn, not a finger to be lifted up in purposes of violence. The adversaries will be too few and too feeble, to be able to entertain a serious thought of resistance against the universal sense of mankind."[113]

In what way may the change of our conditions take place?

1. "The opinion most popular in France at the time that the national convention entered upon its functions, was that the business of the convention extended only to the presenting a draft of a constitution, to be submitted in the sequel to the approbation of the districts, and then only to be considered as law."[114]

"The first idea that suggests itself respecting this opinion is, that, if constitutional laws ought to be subjected to the revision of the districts, then all laws ought to undergo the same process. [But if the approbation of the districts to any declarations is not to be delusive, the discussion of these declarations in the districts must be unlimited. Then] a transaction will be begun to which it is not easy to foresee a termination. Some districts will object to certain articles; and, if these articles be modeled to obtain their approbation, it is possible that the very alteration introduced to please one part of the community may render the code less acceptable to another."[115]

"This principle of a consent of districts has an immediate tendency, by a salutary gradation perhaps, to lead to the dissolution of all government."[116] It is indeed "desirable that the most important acts of the national representatives should be subject to the approbation or rejection of the districts whose representatives they are, for exactly the same reason as it is desirable that the acts of the districts themselves should, as speedily as practicability will admit, be in force only so far as relates to the individuals by whom those acts are approved."[117]

2. This system would have the effect, first, that the constitution would be very short. The impracticability of obtaining the free approbation of a great number of districts to an extensive code would speedily manifest itself; and the whole constitution might consist of a scheme for the division of the country into parts equal in their population, and the fixing of stated periods for the election of a national assembly, not to say that the latter of these articles may very probably be dispensed with.[118]

A second effect would be, that it would soon be found a proceeding unnecessarily circuitous to send laws to the districts for their revision, unless in cases essential to the general safety, and that in as many instances as possible the districts would be suffered to make laws for themselves. "Thus, that which was at first a great empire with legislative unity would speedily be transformed into a confederacy of lesser republics, with a general congress or Amphictyonic council, answering the purpose of a point of co-operation upon extraordinary occasions."[119]

A third effect would consist in the gradual cessation of legislation. "A great assembly collected from the different provinces of an extensive territory, and constituted the sole legislator of those by whom the territory is inhabited, immediately conjures up to itself an idea of the vast multitude of laws that are necessary. A large city, impelled by the principles of commercial jealousy, is not slow to digest the volume of its by-laws and exclusive privileges. But the inhabitants of a small parish, living with some degree of that simplicity which best corresponds with nature, would soon be led to suspect that general laws were unnecessary, and would adjudge the causes that came before them, not according to certain axioms previously written, but according to the circumstances and demands of each particular cause."[120]

A fourth effect would be that the abrogation of property would be favored. "All equalization of rank and station strongly tends toward an equalization of possessions."[121] So not only the lower orders, but also the higher, would see the injustice of the present distribution of property.[122] "The rich and great are far from callous to views of general felicity, when such views are brought before them with that evidence and attraction of which they are susceptible."[123] But even so far as they might think only of their own emolument and ease, it would not be difficult to show them that it is in vain to fight against truth, and dangerous to bring upon themselves the hatred of the people, and that it might be to their own interest to make up their minds to concessions at least.[124]

Footnotes:

[25] Godwin pp. IX-X [1. VI-VII].

[26] _Ib._ pp. 548-9 [2. 132-3].

[27] _Ib._ p. 90 [1, 120].

[28] _Ib._ p. 150 [1, 164].

[29] _Ib._ p. 90 [1, 120-21].

[30] Godwin p. 101 [1. 134].

[31] _Ib._ pp. 150, 80 [1. 120, 112].

[32] _Ib._ p. 81 [1. 117-18?].

[33] _Ib._ p. 254 [1. 253].

[34] _Ib._ pp. 360-61 [1. ?42].

[35] _Ib._ p. 361. [Not in ed. 2.]

[36] _Ib._ p. 361 [1. 342; bracketed words omitted in ed. 2]

[37] _Ib._ p. 771 [2. 294].

[38] Godwin pp. 766-7 [2. 290-91].

[39] _Ib._ p. 768 [2. 291].

[40] _Ib._ p. 769 [2. 292].

[41] _Ib._ p. 773 [2. 295].

[42] _Ib._ p. 166 [1. 182, except bracketed words].

[43] _Ib._ p. 381 [2. 3]

[44] Godwin p. 774 [2. 296].

[45] _Ib._ p. 775 [2. 296].

[46] _Ib._ p. 776 [2. 297].

[47] _Ib._ p. 151 [1. 165, except bracketed words].

[48] _Ib._ pp. 121, 81 [1. 145, 118].

[49] _Ib._ p. 773 [2. 295].

[50] Godwin pp. 773-4 [2. 295].

[51] _Ib._ p. 778 [2. 298-9].

[52] _Ib._ p. 140-1 [1. 156].

[53] Godwin p. 141 [2. 156]

[54] _Ib._ p. 148. [Not in ed. 2.]

[55] _Ib._ p. 149. [Not in ed. 2.]

[56] _Ib._ p. 572 [2. 149-50].

[57] _Ib._ p. 185 [1. 200].

[58] Godwin p. 380 [2. 2].

[59] _Ib._ p. 79 [1. 111].

[60] _Ib._ p. 79 [1. 111; credited to Paine's "Common Sense," p. 1].

[61] _Ib._ p. 788 [2. 305].

[62] _Ib._ p. 163 [1. 174-6? 180?].

[63] _Ib._ p. 151 [1. 164-5; but see _per contra_ p. 170].

[64] _Ib._ p. 156. [Not in ed. 2.]

[65] Godwin p. 151. [Not in ed. 2.]

[66] _Ib._ pp. 161-2 [1. 179].

[67] _Ib._ 164-5 [1. 181].

[68] _Ib._ p. 561 [2. 142].

[69] _Ib._ 566 [2. 145].

[70] Godwin p. 562 [2. 142].

[71] _Ib._ 559 [2. 140].

[72] Godwin p. 561 [2. 141. Obviously Eltzbacher has misunderstood this passage. His German translation shows that he mistook "interests" for "interest" in the sense of "incentive." Note also that Godwin expressly restricts the application of this paragraph, even in its right sense, on pp. 111, 145].

[73] _Ib._ p. 566 [2. 145].

[74] _Ib._ p. 564 [2. 144].

[75] _Ib._ p. 564-5 [2. 144].

[76] _Ib._ pp. 773, 778, 779-80 [2. 295, 298-300]

[77] Godwin p. 565 [2. 144].

[78] _Ib._ p. 566 [2. 145].

[79] _Ib._ p. 566 [2. 145].

[80] _Ib._ pp. 573-4 [2. 150-51].

[81] _Ib._ pp. 573-4 [2. 150-51].

[82] _Ib._ pp. 568-9, 571-2 [2. 146, 149].

[83] Godwin pp. 569-70 [2. 148].

[84] _Ib._ pp. 570-71 [2. 148-49].

[85] _Ib._ p. 574 [2. 151]

[86] _Ib._ pp. 576-8 [2. 152-3].

[87] Godwin pp. 578-9 [2. 154]

[88] _Ib._ p. 794 [2. 326].

[89] _Ib._ p. 803. [Not in ed. 2.]

[90] _Ib._ p. 794. [Not in ed. 2.]

[91] Godwin p. 795. [Not in ed. 2; cf. 2. 312].

[92] _Ib._ p. 806 [2. 335].

[93] _Ib._ p. 795. [Not in ed. 2.]

[94] _Ib._ pp. 811, 810 [2. 339, 338--but the words "in the poor" seem to be added out of Eltzbacher's head].

[95] Godwin p. 802 [2. 332].

[96] _Ib._ p. 809 [2. 338]

[97] _Ib._ p. 809 [2. 337]

[98] _Ib._ p. 789. [Not in ed. 2; cf. 2. 306-7.]

[99] _Ib._ p. 790. [Not in ed. 2.]

[100] Godwin pp. 790-91. [Not in ed. 2.]

[101] _Ib._ p. 821 [2. 351].

[102] _Ib._ p. 821 [2. 352]

[103] _Ib._ p. 806 [2. 335].

[104] _Ib._ p. 807 [2. 336].

[105] Godwin p. 810 [2. 338].

[106] Godwin pp. 779-80 [2. 299-300].

[107] Godwin p. 203 [1, 223, only the two sentences beginning at "But"].

[108] _Ib._ pp. 203-4. [Not in ed. 2.]

[109] Godwin pp. 202-3. [Not in ed. 2.]

[110] _Ib._ p. 204. [Not in ed. 2.]

[111] _Ib._ p. 223. [Not in ed. 2; cf. 1. 226.]

[112] Godwin p. 225. [Not in ed. 2.]

[113] _Ib._ pp. 222-3 [1. 222, except bracketed words].

[114] _Ib._ pp. 657-8 [2. 210].

[115] Godwin pp. 658-9 [2. 211-12; bracketed words a paraphrase].

[116] _Ib._ pp. 659-60 [2. 212].

[117] _Ib._ p. 660 [2. 212].

[118] _Ib._ pp. 660-61 [2. 212-13].

[119] Godwin pp. 661-2 [2. 213-14].

[120] _Ib._ p. 662 [2. 214].

[121] Godwin p. 888 [cf. 2. 396].

[122] _Ib._ pp. 888-9 [2. 396].

[123] _Ib._ pp. 882-3 [2. 392].

[124] _Ib._ pp. 883-84 [2. 393].

Chapter IV

Proudhon'S Teaching

1.--General

1. Pierre-Joseph Proudhon was born at Besancon in 1809. At first he followed the occupation of a printer there and in other cities. In 1838 a stipend of the Academy of Besancon enabled him to go to Paris for scientific studies. In 1843 he took a mercantile position at Lyons. In 1847 he gave it up and moved to Paris.

Here, in the years from 1848 to 1850, Proudhon published several periodicals, one after the other. In 1848 he became a member of the National Assembly. In 1849 he founded a People's Bank. Soon after this he was condemned to three years' imprisonment for an offence against the press laws, and served his time without having to interrupt his activity as an author.

In 1852 Proudhon was released from prison. He remained in Paris till, in 1858, he was again condemned to three years' imprisonment for an offence against the press laws. He fled and settled in Brussels. In 1860 he was pardoned, and returned to France. Thenceforth he lived at Passy. He died there in 1865.

Proudhon published many books and other writings, especially in the fields of jurisprudence, political economy, and politics.

2. Of special importance for Proudhon's teaching about law, the State, and property are, among the writings before 1848, the book "_Qu'est-ce que la propriete? ou recherches sur le principe du droit et du gouvernement_" (1840) and the two-volume work "_Systeme des contradictions economiques, ou philosophie de la misere_" (1846); among the writings from 1848 to 1851 the "_Confessions d'un revolutionnaire_" (1849) and the "_Idee generale de la revolution au XIXe siecle_" (1851); and lastly, among the writings after 1851, the three-volume work "_De la justice dans la revolution et dans l'Eglise, nouveaux principes de philosophie pratique_" (1858) and the book "_Du principe federatif et de la necessite de reconstituer le parti de la revolution_" (1863).[125]

Proudhon's teaching regarding law, the State, and property underwent changes in minor points, but remained the same in its essentials; the opinion that it changed also in essentials is caused by Proudhon's arbitrary and varying use of language. Since no history of the evolution of Proudhon's teaching can be given here, I shall present, so far as concerns such minor points, only the teaching of 1848-51, in which years Proudhon developed his views with especial clearness and did especially forcible work for them.

3. Proudhon calls his teaching about law, the State, and property "Anarchism." "'What form of government shall we prefer?' 'Can you ask?' replies one of my younger readers without doubt; 'you are a Republican.' 'Republican, yes; but this word makes nothing definite. _Res publica_ is "the public thing"; now, whoever wants the public thing, under whatever form of government, may call himself a Republican. Even kings are Republicans.' 'Well, you are a Democrat.' 'No.' 'What? can you be a Monarchist?' 'No.' 'A Constitutionalist?' 'I should hope not.' 'You are an Aristocrat then?' 'Not a bit.' 'You want a mixed government, then?' 'Still less.' 'What are you then?' 'I am an Anarchist.'"[126]

2.--Basis

_According to Proudhon the supreme law for us is justice._

What is justice? "Justice is respect, spontaneously felt and mutually guaranteed, for human dignity, in whatever person and under whatever circumstances we find it compromised, and to whatever risk its defence may expose us."[127]

"I ought to respect my neighbor, and make others respect him, as myself; such is the law of my conscience. In consideration of what do I owe him this respect? In consideration of his strength, his talent, his wealth? No, what chance gives is not what makes the human person worthy of respect. In consideration of the respect which he in turn pays to me? No, justice assumes reciprocity of respect, but does not wait for it. It asserts and wills respect for human dignity even in an enemy, which causes the existence of _laws of war_; even in the murderer whom we kill as having fallen from his manhood, which causes the existence of _penal laws_. It is not the gifts of nature or the advantages of fortune that make me respect my neighbor; it is not his ox, his ass, or his maid-servant, as the decalogue says; it is not even the welfare that he owes to me as I owe mine to him; it is his manhood."[128]

"Justice is at once a reality and an idea."[129] "Justice is a faculty of the soul, the foremost of all, that which constitutes a social being. But it is more than a faculty; it is an idea, it indicates a relation, an equation. As a faculty it may be developed; this development is what constitutes the education of humanity. As an equation it presents nothing antinomic; it is absolute and immutable like every law, and, like every law, very intelligible."[130]

Justice is for us the supreme law. "Justice is the inviolable yardstick of all human actions."[131] "By it the facts of social life, by nature indeterminate and contradictory, become susceptible of definition and arrangement."[132]

"Justice is the central star which governs societies, the pole about which the political world revolves, the principle and rule of all transactions. Nothing is done among men that is not in the name of _right_; nothing without invoking justice. Justice is not the work of the law; on the contrary, the law is never anything but a declaration and application of what is _just_."[132] "Suppose a society where justice is outranked, however little, by another principle, say religion; or in which certain individuals are regarded more highly, by however little, than others; I say that, justice being virtually annulled, it is inevitable that the society will perish sooner or later.[133]

"It is the privilege of justice that the faith which it inspires is unshakable, and that it cannot be dogmatically denied or rejected. All peoples invoke it; reasons of State, even while they violate it, profess to be based on it; religion exists only for it; skepticism dissembles before it; irony has power only in its name; crime and hypocrisy do it homage. [If liberty is not an empty phrase, it acts only in the service of right; even when it rebels against right, at bottom it does not curse it.]"[134] "All the most rational teachings of human wisdom about justice are summed up in this famous adage: _Do to others what you would have done to you; Do not to others what you would not have done to you._"[135]

3.--Law

I. _In the name of justice Proudhon rejects, not law indeed, but almost all individual legal norms, and the State laws in particular._

The State makes laws, and "as many laws as the interests which it meets with; and, since interests are innumerable, the legislation-machine must work uninterruptedly. Laws and ordinances fall like hail on the poor populace. After a while the political soil will be covered with a layer of paper, and all the geologists will have to do will be to list it, under the name of _papyraceous formation_, among the epochs of the earth's history. The Convention, in three years one month and four days, issued eleven thousand six hundred laws and decrees; the Constituent and Legislative Assemblies had produced hardly less; the empire and the later governments have wrought as industriously. At present the '_Bulletin des Lois_' contains, they say, more than fifty thousand; if our representatives did their duty this enormous figure would soon be doubled. Do you believe that the populace, or the government itself, can keep its sanity in this labyrinth?"[136]

"But what am I saying? Laws for him who thinks for himself, and is responsible only for his own acts! laws for him who would be free, and feels himself destined to become free! I am ready to make terms, but I will have no laws; I acknowledge none; I protest against every order which an ostensibly necessary authority shall please to impose on my free will. Laws! we know what they are and what they are worth. Cobwebs for the powerful and the rich, chains which no steel can break for the little and the poor, fishers' nets in the hands of the government."[137]

"You say they shall make _few_ laws, make them _simple_, make them _good_. But it is impossible. Must not government adjust all interests, decide all disputes? Now interests are by the nature of society innumerable, relationships infinitely variable and mobile; how is it possible that only a few laws should be made? how can they be simple? how can the best law escape soon being detestable?"[138]

II. _Justice requires that only one legal norm be in force: to wit, the norm that contracts must be lived up to._

"What do we mean by a _contract_? A contract, says the civil code, art. 1101, is an agreement whereby one or more persons bind themselves to one or more others to do or not to do something."[139] "That I may remain free, that I may be subjected to no law but my own, and that I may govern myself, the edifice of society must be rebuilt upon the idea of CONTRACT."[140] "We must start with the idea of contract as the dominant idea of politics."[141] This norm, that contracts must be lived up to, is to be based not only on its justice, but at the same time on the fact that among men who live together there prevails a will to enforce the keeping of contracts, if necessary, with violence;[142] so it is to be not only a commandment of morality, but also a legal norm.

"Several of your fellow-men have agreed to treat each other with good faith and fair play,--that is, to respect those rules of action which the nature of things points out to them as being alone capable of assuring to them, in the fullest measure, prosperity, safety, and peace. Are you willing to join their league? to form a part of their society? Do you promise to respect the honor, the liberty, the goods, of your brothers? Do you promise never to appropriate to yourself, neither by violence, by fraud, by usury, nor by speculation, another's product or possession? Do you promise never to lie and deceive, neither in court, in trade, nor in any of your dealings? You are free to accept or to refuse.

"If you refuse, you form a part of the society of savages. Having left the fellowship of the human race, you come under suspicion. Nothing protects you. At the least insult anybody you meet may knock you down, without incurring any other charge than that of cruelty to animals.

"If you swear to the league, on the contrary, you form a part of the society of free men. All your brothers enter into an engagement with you, promising you fidelity, friendship, help, service, commerce. In case of infraction on their part or on yours, through negligence, hot blood, or evil intent, you are responsible to one another, for the damage and also for the scandal and insecurity which you have caused; this responsibility may extend, according to the seriousness of the perjury or the repetition of the crime, as far as to excommunication and death."[143]

4.--The State

I. Since Proudhon approves only the single legal norm that contracts must be lived up to, he can sanction only a single legal relation, that of parties to a contract. Hence he must necessarily reject the State; for it is established by particular legal norms, and, as an involuntary legal relation, it binds even those who have not entered into any contract at all. _Proudhon does accordingly reject the State absolutely, without any spatial or temporal limitation; he even regards it as a legal relation which offends against justice to an unusual degree._

"The government of man by man is slavery."[144] "Whoever lays his hand on me to govern me is a usurper and a tyrant; I declare him my enemy."[145] "In a given society the authority of man over man is in inverse ratio to the intellectual development which this society has attained, and the probable duration of this authority may be calculated from the more or less general desire for a true--that is, a scientific--government."[146]

"Royalty is never legitimate. Neither heredity, election, universal suffrage, the excellence of the sovereign, nor the consecration of religion and time, makes royalty legitimate. In whatever form it may appear, monarchical, oligarchic, democratic,--royalty, or the government of man by man, is illegal and absurd."[147] Democracy in particular "is nothing but a constitutional arbitrary power succeeding another constitutional arbitrary power; it has no scientific value, and we must see in it only a preparation for the REPUBLIC, one and indivisible."[148]

"Authority was no sooner begun on earth than it became the object of universal competition. Authority, Government, Power, State,--these words all denote the same thing,--each man sees in it the means of oppressing and exploiting his fellows. Absolutists, doctrinaires, demagogues, and socialists, turned their eyes incessantly to authority as their sole cynosure."[149] "All parties without exception, in so far as they seek for power, are varieties of absolutism; and there will be no liberty for citizens, no order for societies, no union among workingmen, till in the political catechism the renunciation of authority shall have replaced faith in authority. _No more parties, no more authority, absolute liberty of man and citizen_,--there, in three words, is my political and social confession of faith."[150]

II. _Justice demands, in place of the State, a social human life on the basis of the legal norm that contracts must be lived up to._ Proudhon calls this social life "anarchy"[151] and later "federation"[152] also.

1. After the abrogation of the State, men are still to live together in society. As early as 1841 Proudhon says that the point is "to discover a system of absolute equality, in which all present institutions, minus property or the sum of the abuses of property, might not only find a place, but be themselves means to equality; individual liberty, the division of powers, the cabinet, the jury, the administrative and judiciary organization."[153]

But men are not to be kept together in society by any supreme authority, but only by the legally binding force of contract. "When I bargain for any object with one or more of my fellow-citizens, it is clear that then my will alone is my law; it is I myself who, in fulfilling my obligation, am my government. If then I could make that contract with all, which I do make with some; if all could renew it with each other; if every group of citizens, commune, canton, department, corporation, company, etc., formed by such a contract and considered as a moral person, could then, always on the same terms, treat with each of the other groups and with all, it would be exactly as if my will was repeated _ad infinitum_. I should be sure that the law thus made on all points that concern the republic, on the various motions of millions of persons, would never be anything but my law; and, if this new order of things was called government, that this government would be mine. The _regime of contracts_, substituted for the _regime of laws_, would constitute the true government of man and of the citizen, the true sovereignty of the people, the REPUBLIC."[154]

"The Republic is the organization by which, all opinions and all activities remaining free, the People, by the very divergence of opinions and of wills, thinks and acts as a single man. In the Republic every citizen, in doing what he wishes and nothing but what he wishes, participates directly in legislation and government, just as he participates in the production and circulation of wealth. There every citizen is king; for he has plenary power, he reigns and governs. The Republic is a positive a