Название: Democracy and Liberty
Автор: William Edward Hartpole Lecky
Издательство: Ingram
Жанр: Юриспруденция, право
Серия: none
isbn: 9781614872207
isbn:
As democracy advances, the precedents of spoliation pass into legislation, doctrines of this kind are likely to find an increasing number of adherents. This prospect renders peculiarly alarming the enormous increase of national debt that has taken place in Europe during the last few decades. It justifies the wisdom of the policy of America in paying off, even by very drastic measures, the bulk of its debt, and also the great and praiseworthy efforts that have been made by British Governments in the same direction.
Mining royalties stand on the same footing as private property in land. They are a kind of property which has been for generations bought, sold, mortgaged, and bequeathed with the full sanction of the law, and they have been estimated in the British Isles at the enormous sum of eight millions a year. There is a party, though happily not a large one, who openly advocate their simple confiscation. Thus the Glasgow Trade Council passed a resolution, ‘That this Council instructs the secretary to state to the (Mining Royalties) Commission that it is in favour of mining royalties becoming national property without compensation being given.’ Similar views are frequently expressed in Socialist literature, and they were put forward by some witnesses before the Labour Commission, the most conspicuous upholder of this shameless dishonesty being a Radical member of Parliament.50
Another kind of property which has been the subject of much more or less ingenious sophistry is literary property. The right of an author to the profits of the book he has written rests on the highest and simplest title by which property can be held—that of creation. The author made it. His title to what he has himself created, like that of the labour to what he himself earned, is certainly more direct, if it is not of a higher kind, than that of any species of property which is simply hereditary. But the peculiarity of literary property is, that while it may be of great value to its author, and of great utility to mankind, it may be stolen with peculiar facility, and in a different way from most other kinds of property. Like a bank-note, its value is destroyed if every one is allowed to reproduce it, and hence laws of copyright have been found necessary to protect it. Among all the forms of property, few are so imperfectly protected as this; but there are some who would abolish it altogether, refusing all legal protection to literary property. One of their arguments is, that an author merely gives a form to ideas and knowledge which are floating in the intellectual atmosphere around him, and which are the common property of all men, and has, therefore, no exclusive right to what he has written. If this be true—and it is far from being absolutely so—the simple answer is, that it is to the form alone, which is his own work, that he claims an exclusive right. A sculptor's right of property in his statue is not destroyed by the fact that the clay and the marble existed before he touched them with his chisel. An author claims no monopoly in his ideas; but the form in which he moulds them is so essentially the main element in the question, that the distinction is for all practical purposes trivial. There is no idea in Gray's Elegy which has not passed through thousands of minds. Gray alone gave them the form which is immortal.
It is said that an author is a ‘monopolist’ because he claims an exclusive right of selling his book, and that his claim is therefore opposed to the doctrine of free trade. But this is a pure confusion of thought. In the sense of political economy, a man is a monopolist who prevents others from pursuing a form of industry which they might have pursued independently of him, and had he not existed. He is not a monopolist if he only prevents them from appropriating what he alone has made, and what would not have existed without him. An author is a monopolist in no other sense than a proprietor or labourer who claims the exclusive possession of his own earnings or his own inheritance. If I write the history of a particular period, I claim no legal right of debarring others from writing about the same period, or using the materials that I have used. I claim only an exclusive right in that specific work which I have myself made. A fisherman would be rightly called a monopolist if he excluded all others from fishing in the sea. He is not rightly called a monopolist if he only claims an exclusive right to dispose of the fish which he has himself caught in the sea, which is open to all.51
But the author, it is said, is under a special obligation to the State because his property is protected by a special law. The answer is, that the very object for which all governments are primarily created, and for which all taxes are paid, is the protection of life and property. A government in protecting property is simply discharging its most elementary duty. Different kinds of property may be invaded, and must therefore be protected in different ways; and, as a matter of fact, the protection of literature costs the State much less in labour, in money, and in popularity than the protection of pheasants.
Others again contend for what they call the nationalisation of the means of communication, or, in other words, the appropriation of the railways and all other public conveyances by the State. If by this term is meant that the Government should either construct, or purchase at a fair price, the railways within its dominion, there is no objection of principle to be raised. The system of State railways exists in many countries. In judging whether it is for the advantage of the nation as a whole, we have to consider a large number of conflicting and closely balanced advantages and disadvantages, and the preponderance in each country must be decided according to its own special economical circumstances. It is also universally admitted that the State, having given great privileges and powers to a railway company, is perfectly justified in imposing upon it many restrictions. But when it is claimed that the State may, without purchase, or at a rate of compensation below its real value, take possession of a railway, depriving of their property the shareholders at whose risk and cost it was made, it can only be answered that such a claim is simple and naked robbery. And the same thing may be confidently asserted of many other ambitious schemes for ‘nationalising’ all great industrial undertakings and absorbing all capital into the State. If the element of just purchase enters into these transactions, they would only result in a great financial catastrophe. If purchase or compensation be refused, the catastrophe would not be averted, but the process would be one gigantic robbery.
Such schemes for turning the State into the universal landlord, the universal manufacturer, the universal shopkeeper, reorganising from its foundations the whole industrial system of the world, excluding from it all competition and all the play of individual emulation and ambition, can never, I believe, be even approximately realised; but no one who watches the growth of Socialist opinion in nearly all countries can doubt that many steps will be taken in this direction in a not remote future.
The question in what degree and in what manner the demands that are rising may be wisely met is of the utmost importance. The subject is one which I propose to discuss at some length in later chapters. Two things may here be said. One is, that in an overcrowded country like England, whose prosperity rests much less on great natural resources than on the continuance of a precarious and highly artificial commercial and manufacturing supremacy, any revolution that may lead to a migration of capital or the destruction of credit is more than commonly dangerous. The other is, that this class of questions is eminently one in which consequences that are obscure, intricate, indirect, and remote are often, in the long run, more important than those which are obvious and immediate.
Is the parliamentary system in the democratic form which it has of late years assumed well fitted for wisely dealing with these difficult and dangerous questions? Let any one observe how steadily and rapidly the stable forces, which in old days shaped and guided the course of English politics, are losing their influence. Let him watch closely a great popular election, СКАЧАТЬ