Miscellaneous Writings and Speeches — Volume 2

UTILITARIAN THEORY OF GOVERNMENT. (October 1829.)

Westminster Review (XXII., Article 16), on the Strictures of the Edinburgh Review (XCVIII., Article 1), on the Utilitarian Theory of Government, and the "Greatest Happiness Principle."

We have long been of opinion that the Utilitarians have owed all their influence to a mere delusion—that, while professing to have submitted their minds to an intellectual discipline of peculiar severity, to have discarded all sentimentality, and to have acquired consummate skill in the art of reasoning, they are decidedly inferior to the mass of educated men in the very qualities in which they conceive themselves to excel. They have undoubtedly freed themselves from the dominion of some absurd notions. But their struggle for intellectual emancipation has ended, as injudicious and violent struggles for political emancipation too often end, in a mere change of tyrants. Indeed, we are not sure that we do not prefer the venerable nonsense which holds prescriptive sway over the ultra-Tory to the upstart dynasty of prejudices and sophisms by which the revolutionists of the moral world have suffered themselves to be enslaved.

The Utilitarians have sometimes been abused as intolerant, arrogant, irreligious,—as enemies of literature, of the fine arts, and of the domestic charities. They have been reviled for some things of which they were guilty, and for some of which they were innocent. But scarcely anybody seems to have perceived that almost all their peculiar faults arise from the utter want both of comprehensiveness and of precision in their mode of reasoning. We have, for some time past, been convinced that this was really the case; and that, whenever their philosophy should be boldly and unsparingly scrutinised, the world would see that it had been under a mistake respecting them.

We have made the experiment; and it has succeeded far beyond our most sanguine expectations. A chosen champion of the School has come forth against us. A specimen of his logical abilities now lies before us; and we pledge ourselves to show that no prebendary at an anti-Catholic meeting, no true-blue baronet after the third bottle at a Pitt Club, ever displayed such utter incapacity of comprehending or answering an argument as appears in the speculations of this Utilitarian apostle; that he does not understand our meaning, or Mr Mill's meaning, or Mr Bentham's meaning, or his own meaning; and that the various parts of his system—if the name of system can be so misapplied—directly contradict each other.

Having shown this, we intend to leave him in undisputed possession of whatever advantage he may derive from the last word. We propose only to convince the public that there is nothing in the far-framed logic of the Utilitarians of which any plain man has reason to be afraid; that this logic will impose on no man who dares to look it in the face.

The Westminster Reviewer begins by charging us with having misrepresented an important part of Mr Mill's argument.

"The first extract given by the Edinburgh Reviewers from the Essay was an insulated passage, purposely despoiled of what had preceded and what followed. The author had been observing, that 'some profound and benevolent investigators of human affairs had adopted the conclusion that, of all the possible forms of government, absolute monarchy is the best.' This is what the reviewers have omitted at the beginning. He then adds, as in the extract, that 'Experience, IF WE LOOK ONLY AT THE OUTSIDE OF THE FACTS, appears to be divided on this subject;' there are Caligulas in one place, and kings of Denmark in another. 'As the surface of history affords, therefore, no certain principle of decision, WE MUST GO BEYOND THE SURFACE, and penetrate to the springs within.' This is what the reviewers have omitted at the end."

It is perfectly true that our quotation from Mr Mill's essay was, like most other quotations, preceded and followed by something which we did not quote. But, if the Westminster Reviewer means to say that either what preceded or what followed would, if quoted, have shown that we put a wrong interpretation on the passage which was extracted, he does not understand Mr Mill rightly.

Mr Mill undoubtedly says that, "as the surface of history affords no certain principle of decision, we must go beyond the surface, and penetrate to the springs within." But these expressions will admit of several interpretations. In what sense, then, does Mr Mill use them? If he means that we ought to inspect the facts with close attention, he means what is rational. But, if he means that we ought to leave the facts, with all their apparent inconsistencies, unexplained—to lay down a general principle of the widest extent, and to deduce doctrines from that principle by syllogistic argument, without pausing to consider whether those doctrines be or be not consistent with the facts,—then he means what is irrational; and this is clearly what he does mean: for he immediately begins, without offering the least explanation of the contradictory appearances which he has himself described, to go beyond the surface in the following manner:—"That one human being will desire to render the person and property of another subservient to his pleasures, notwithstanding the pain or loss of pleasure which it may occasion to that other individual, is the foundation of government. The desire of the object implies the desire of the power necessary to accomplish the object." And thus he proceeds to deduce consequences directly inconsistent with what he has himself stated respecting the situation of the Danish people.

If we assume that the object of government is the preservation of the persons and property of men, then we must hold that, wherever that object is attained, there the principle of good government exists. If that object be attained both in Denmark and in the United States of America, then that which makes government good must exist, under whatever disguise of title or name, both in Denmark and in the United States. If men lived in fear for their lives and their possessions under Nero and under the National Convention, it follows that the causes from which misgovernment proceeds existed both in the despotism of Rome and in the democracy of France. What, then, is that which, being found in Denmark and in the United States, and not being found in the Roman Empire or under the administration of Robespierre, renders governments, widely differing in their external form, practically good? Be it what it may, it certainly is not that which Mr Mill proves a priori that it must be,—a democratic representative assembly. For the Danes have no such assembly.

The latent principle of good government ought to be tracked, as it appears to us, in the same manner in which Lord Bacon proposed to track the principle of Heat. Make as large a list as possible, said that great man, of those bodies in which, however widely they differ from each other in appearance, we perceive heat; and as large a list as possible of those which, while they bear a general resemblance to hot bodies, are nevertheless not hot. Observe the different degrees of heat in different hot bodies; and then, if there be something which is found in all hot bodies, and of which the increase or diminution is always accompanied by an increase or diminution of heat, we may hope that we have really discovered the object of our search. In the same manner we ought to examine the constitution of all those communities in which, under whatever form, the blessings of good government are enjoyed; and to discover, if possible, in what they resemble each other, and in what they all differ from those societies in which the object of government is not attained. By proceeding thus we shall arrive, not indeed at a perfect theory of government, but at a theory which will be of great practical use, and which the experience of every successive generation will probably bring nearer and nearer to perfection.

The inconsistencies into which Mr Mill has been betrayed by taking a different course ought to serve as a warning to all speculators. Because Denmark is well governed by a monarch who, in appearance at least, is absolute, Mr Mill thinks that the only mode of arriving at the true principles of government is to deduce them a priori from the laws of human nature. And what conclusion does he bring out by this deduction? We will give it in his own words:—"In the grand discovery of modern times, the system of representation, the solution of all the difficulties, both speculative and practical, will perhaps be found. If it cannot, we seem to be forced upon the extraordinary conclusion that good government is impossible." That the Danes are well governed without a representation is a reason for deducing the theory of government from a general principle from which it necessarily follows that good government is impossible without a representation! We have done our best to put this question plainly; and we think that, if the Westminster Reviewer will read over what we have written twice or thrice with patience and attention, some glimpse of our meaning will break in even on his mind.

Some objections follow, so frivolous and unfair, that we are almost ashamed to notice them.

"When it was said that there was in Denmark a balanced contest between the king and the nobility, what was said was, that there was a balanced contest, but it did not last. It was balanced till something put an end to the balance; and so is everything else. That such a balance will not last, is precisely what Mr Mill had demonstrated."

Mr Mill, we positively affirm, pretends to demonstrate, not merely that a balanced contest between the king and the aristocracy will not last, but that the chances are as infinity to one against the existence of such a balanced contest. This is a mere question of fact. We quote the words of the essay, and defy the Westminster Reviewer to impeach our accuracy:—

"It seems impossible that such equality should ever exist. How is it to be established? Or by what criterion is it to be ascertained? If there is no such criterion, it must, in all cases, be the result of chance. If so, the chances against it are as infinity to one."

The Reviewer has confounded the division of power with the balance or equal division of power. Mr Mill says that the division of power can never exist long, because it is next to impossible that the equal division of power should ever exist at all.

"When Mr Mill asserted that it cannot be for the interest of either the monarchy or the aristocracy to combine with the democracy, it is plain he did not assert that if the monarchy and aristocracy were in doubtful contest with each other, they would not, either of them, accept of the assistance of the democracy. He spoke of their taking the side of the democracy; not of their allowing the democracy to take side with themselves."

If Mr Mill meant anything, he must have meant this—that the monarchy and the aristocracy will never forget their enmity to the democracy in their enmity to each other.

"The monarchy and aristocracy," says he, "have all possible motives for endeavouring to obtain unlimited power over the persons and property of the community. The consequence is inevitable. They have all possible motives for combining to obtain that power, and unless the people have power enough to be a match for both they have no protection. The balance, therefore, is a thing the existence of which upon the best possible evidence is to be regarded as impossible."

If Mr Mill meant only what the Westminster Reviewer conceives him to have meant, his argument would leave the popular theory of the balance quite untouched. For it is the very theory of the balance that the help of the people will be solicited by the nobles when hard pressed by the king, and by the king when hard pressed by the nobles; and that, as the price of giving alternate support to the crown and the aristocracy, they will obtain something for themselves, as the Reviewer admits that they have done in Denmark. If Mr Mill admits this, he admits the only theory of the balance of which we ever heard—that very theory which he has declared to be wild and chimerical. If he denies it, he is at issue with the Westminster Reviewer as to the phenomena of the Danish government.

We now come to a more important passage. Our opponent has discovered, as he conceives, a radical error which runs through our whole argument, and vitiates every part of it. We suspect that we shall spoil his triumph.

"Mr Mill never asserted 'THAT UNDER NO DESPOTIC GOVERNMENT DOES ANY HUMAN BEING, EXCEPT THE TOOLS OF THE SOVEREIGN, POSSESS MORE THAN THE NECESSARIES OF LIFE, AND THAT THE MOST INTENSE DEGREE OF TERROR IS KEPT UP BY CONSTANT CRUELTY.' He said that absolute power leads to such results 'by infallible sequence, where power over a community is attained, AND NOTHING CHECKS.' The critic on the Mount never made a more palpable misquotation.

"The spirit of this misquotation runs through every part of the reply of the Edinburgh Review that relates to the Essay on Government; and is repeated in as many shapes as the Roman pork. The whole description of 'Mr Mill's argument against despotism,'—including the illustration from right-angled triangles and the square of the hypothenuse,—is founded on this invention of saying what an author has not said, and leaving unsaid what he has."

We thought, and still think, for reasons which our readers will soon understand, that we represented Mr Mill's principle quite fairly, and according to the rule of law and common sense, ut res magis valeat quam pereat. Let us, however, give him all the advantage of the explanation tendered by his advocate, and see what he will gain by it.

The Utilitarian doctrine then is, not that despots and aristocracies will always plunder and oppress the people to the last point, but that they will do so if nothing checks them.

In the first place, it is quite clear that the doctrine thus stated is of no use at all, unless the force of the checks be estimated. The first law of motion is, that a ball once projected will fly on to all eternity with undiminished velocity, unless something checks. The fact is, that a ball stops in a few seconds after proceeding a few yards with very variable motion. Every man would wring his child's neck and pick his friend's pocket if nothing checked him. In fact, the principle thus stated means only that governments will oppress unless they abstain from oppressing. This is quite true, we own. But we might with equal propriety turn the maxim round, and lay it down, as the fundamental principle of government, that all rulers will govern well, unless some motive interferes to keep them from doing so.

If there be, as the Westminster Reviewer acknowledges, certain checks which, under political institutions the most arbitrary in seeming, sometimes produce good government, and almost always place some restraint on the rapacity and cruelty of the powerful, surely the knowledge of those checks, of their nature, and of their effect, must be a most important part of the science of government. Does Mr Mill say anything upon this part of the subject? Not one word.

The line of defence now taken by the Utilitarians evidently degrades Mr Mill's theory of government from the rank which, till within the last few months, was claimed for it by the whole sect. It is no longer a practical system, fit to guide statesmen, but merely a barren exercise of the intellect, like those propositions in mechanics in which the effect of friction and of the resistance of the air is left out of the question; and which, therefore, though correctly deduced from the premises, are in practice utterly false. For, if Mr Mill professes to prove only that absolute monarchy and aristocracy are pernicious without checks,—if he allows that there are checks which produce good government even under absolute monarchs and aristocracies,—and if he omits to tell us what those checks are, and what effects they produce under different circumstances,—he surely gives us no information which can be of real utility.

But the fact is,—and it is most extraordinary that the Westminster Reviewer should not have perceived it—that if once the existence of checks on the abuse of power in monarchies and aristocracies be admitted, the whole of Mr Mill's theory falls to the ground at once. This is so palpable, that in spite of the opinion of the Westminster Reviewer, we must acquit Mr Mill of having intended to make such an admission. We still think that the words, "where power over a community is attained, and nothing checks," must not be understood to mean that under a monarchical or aristocratical form of government there can really be any check which can in any degree mitigate the wretchedness of the people.

For all possible checks may be classed under two general heads,—want of will, and want of power. Now, if a king or an aristocracy, having the power to plunder and oppress the people, can want the will, all Mr Mill's principles of human nature must be pronounced unsound. He tells us, "that the desire to possess unlimited power of inflicting pain upon others, is an inseparable part of human nature;" and that "a chain of inference, close and strong to a most unusual degree," leads to the conclusion that those who possess this power will always desire to use it. It is plain, therefore, that, if Mr Mill's principles be sound, the check on a monarchical or an aristocratical government will not be the want of will to oppress.

If a king or an aristocracy, having, as Mr Mill tells us that they always must have, the will to oppress the people with the utmost severity, want the power, then the government, by whatever name it may be called, must be virtually a mixed government or a pure democracy: for it is quite clear that the people possess some power in the state—some means of influencing the nominal rulers. But Mr Mill has demonstrated that no mixed government can possibly exist, or at least that such a government must come to a very speedy end: therefore, every country in which people not in the service of the government have, for any length of time, been permitted to accumulate more than the bare means of subsistence must be a pure democracy. That is to say, France before the revolution, and Ireland during the last century, were pure democracies. Prussia, Austria, Russia, all the governments of the civilised world, are pure democracies. If this be not a reductio ad absurdum, we do not know what is.

The errors of Mr Mill proceed principally from that radical vice in his reasoning which, in our last number we described in the words of Lord Bacon. The Westminster Reviewer is unable to discover the meaning of our extracts from the "Novum Organum", and expresses himself as follows:

"The quotations from Lord Bacon are misapplications, such as anybody may make to anything he dislikes. There is no more resemblance between pain, pleasure, motives, etc., and substantia, generatio, corruptio, elementum, materia,—than between lines angles, magnitudes, etc., and the same."

It would perhaps be unreasonable to expect that a writer who cannot understand his own English should understand Lord Bacon's Latin. We will therefore attempt to make our meaning clearer.

What Lord Bacon blames in the schoolmen of his time is this,—that they reasoned syllogistically on words which had not been defined with precision; such as moist, dry, generation, corruption, and so forth. Mr Mill's error is exactly of the same kind. He reasons syllogistically about power, pleasure, and pain, without attaching any definite notion to any one of those words. There is no more resemblance, says the Westminster Reviewer, between pain and substantia than between pain and a line or an angle. By his permission, in the very point to which Lord Bacon's observation applies, Mr Mill's subjects do resemble the substantia and elementum of the schoolmen and differ from the lines and magnitudes of Euclid. We can reason a priori on mathematics, because we can define with an exactitude which precludes all possibility of confusion. If a mathematician were to admit the least laxity into his notions, if he were to allow himself to be deluded by the vague sense which words bear in popular use, or by the aspect of an ill-drawn diagram, if he were to forget in his reasonings that a point was indivisible, or that the definition of a line excluded breadth, there would be no end to his blunders. The schoolmen tried to reason mathematically about things which had not been, and perhaps could not be, defined with mathematical accuracy. We know the result. Mr Mill has in our time attempted to do the same. He talks of power, for example, as if the meaning of the word power were as determinate as the meaning of the word circle. But, when we analyse his speculations, we find that his notion of power is, in the words of Bacon, "phantiastica et male terminata."

There are two senses in which we may use the word "power," and those words which denote the various distributions of power, as, for example, "monarchy":—the one sense popular and superficial, the other more scientific and accurate. Mr Mill, since he chose to reason a priori, ought to have clearly pointed out in which sense he intended to use words of this kind, and to have adhered inflexibly to the sense on which he fixed. Instead of doing this, he flies backwards and forwards from the one sense to the other, and brings out conclusions at last which suit neither.

The state of those two communities to which he has himself referred—the kingdom of Denmark and the empire of Rome—may serve to illustrate our meaning. Looking merely at the surface of things, we should call Denmark a despotic monarchy, and the Roman world, in the first century after Christ, an aristocratical republic. Caligula was, in theory, nothing more than a magistrate elected by the senate, and subject to the senate. That irresponsible dignity which, in the most limited monarchies of our time, is ascribed to the person of the sovereign never belonged to the earlier Caesars. The sentence of death which the great council of the commonwealth passed on Nero was strictly according to the theory of the constitution. Yet, in fact, the power of the Roman emperors approached nearer to absolute dominion than that of any prince in modern Europe. On the other hand, the King of Denmark, in theory the most despotic of princes, would in practice find it most perilous to indulge in cruelty and licentiousness. Nor is there, we believe, at the present moment a single sovereign in our part of the world who has so much real power over the lives of his subjects as Robespierre, while he lodged at a chandler's and dined at a restaurateur's, exercised over the lives of those whom he called his fellow citizens.

Mr Mill and the Westminster Reviewer seem to agree that there cannot long exist in any society a division of power between a monarch, an aristocracy, and the people, or between any two of them. However the power be distributed, one of the three parties will, according to them, inevitably monopolise the whole. Now, what is here meant by power? If Mr Mill speaks of the external semblance of power,—of power recognised by the theory of the constitution,—he is palpably wrong. In England, for example, we have had for ages the name and form of a mixed government, if nothing more. Indeed, Mr Mill himself owns that there are appearances which have given colour to the theory of the balance, though he maintains that these appearances are delusive. But, if he uses the word power in a deeper and philosophical sense, he is, if possible, still more in the wrong than on the former supposition. For, if he had considered in what the power of one human being over other human beings must ultimately consist, he would have perceived, not only that there are mixed governments in the world, but that all the governments in the world, and all the governments which can even be conceived as existing in the world, are virtually mixed.

If a king possessed the lamp of Aladdin,—if he governed by the help of a genius who carried away the daughters and wives of his subjects through the air to the royal Parc-aux-cerfs, and turned into stone every man who wagged a finger against his majesty's government, there would indeed be an unmixed despotism. But, fortunately, a ruler can be gratified only by means of his subjects. His power depends on their obedience; and, as any three or four of them are more than a match for him by himself, he can only enforce the unwilling obedience of some by means of the willing obedience of others.

Take any of those who are popularly called absolute princes—Napoleon for example. Could Napoleon have walked through Paris, cutting off the head of one person in every house which he passed? Certainly not without the assistance of an army. If not, why not? Because the people had sufficient physical power to resist him, and would have put forth that power in defence of their lives and of the lives of their children. In other words, there was a portion of power in the democracy under Napoleon. Napoleon might probably have indulged himself in such an atrocious freak of power if his army would have seconded him. But, if his army had taken part with the people, he would have found himself utterly helpless; and, even if they had obeyed his orders against the people, they would not have suffered him to decimate their own body. In other words, there was a portion of power in the hands of a minority of the people, that is to say, in the hands of an aristocracy, under the reign of Napoleon.

To come nearer home,—Mr Mill tells us that it is a mistake to imagine that the English government is mixed. He holds, we suppose, with all the politicians of the Utilitarian school, that it is purely aristocratical. There certainly is an aristocracy in England; and we are afraid that their power is greater than it ought to be. They have power enough to keep up the game-laws and corn-laws; but they have not power enough to subject the bodies of men of the lowest class to wanton outrage at their pleasure. Suppose that they were to make a law that any gentleman of two thousand a-year might have a day-labourer or a pauper flogged with a cat-of-nine-tails whenever the whim might take him. It is quite clear that the first day on which such flagellation should be administered would be the last day of the English aristocracy. In this point, and in many other points which might be named, the commonalty in our island enjoy a security quite as complete as if they exercised the right of universal suffrage. We say, therefore, that the English people have in their own hands a sufficient guarantee that in some points the aristocracy will conform to their wishes;—in other words, they have a certain portion of power over the aristocracy. Therefore the English government is mixed.

Wherever a king or an oligarchy refrains from the last extremity of rapacity and tyranny through fear of the resistance of the people, there the constitution, whatever it may be called, is in some measure democratical. The admixture of democratic power may be slight. It may be much slighter than it ought to be; but some admixture there is. Wherever a numerical minority, by means of superior wealth or intelligence, of political concert, or of military discipline, exercises a greater influence on the society than any other equal number of persons,—there, whatever the form of government may be called, a mixture of aristocracy does in fact exist. And, wherever a single man, from whatever cause, is so necessary to the community, or to any portion of it, that he possesses more power than any other man, there is a mixture of monarchy. This is the philosophical classification of governments: and if we use this classification we shall find, not only that there are mixed governments, but that all governments are, and must always be, mixed. But we may safely challenge Mr Mill to give any definition of power, or to make any classification of governments, which shall bear him out in his assertion that a lasting division of authority is impracticable.

It is evidently on the real distribution of power, and not on names and badges, that the happiness of nations must depend. The representative system, though doubtless a great and precious discovery in politics, is only one of the many modes in which the democratic part of the community can efficiently check the governing few. That certain men have been chosen as deputies of the people,—that there is a piece of paper stating such deputies to possess certain powers,—these circumstances in themselves constitute no security for good government. Such a constitution nominally existed in France; while, in fact, an oligarchy of committees and clubs trampled at once on the electors and the elected. Representation is a very happy contrivance for enabling large bodies of men to exert their power with less risk of disorder than there would otherwise be. But, assuredly, it does not of itself give power. Unless a representative assembly is sure of being supported in the last resort by the physical strength of large masses who have spirit to defend the constitution and sense to defend it in concert, the mob of the town in which it meets may overawe it;—the howls of the listeners in its glory may silence its deliberations;—an able and daring individual may dissolve it. And, if that sense and that spirit of which we speak be diffused through a society, then, even without a representative assembly, that society will enjoy many of the blessings of good government.

Which is the better able to defend himself;—a strong man with nothing but his fists, or a paralytic cripple encumbered with a sword which he cannot lift? Such, we believe, is the difference between Denmark and some new republics in which the constitutional forms of the United States have been most sedulously imitated.

Look at the Long Parliament on the day on which Charles came to seize the five members: and look at it again on the day when Cromwell stamped with his foot on its floor. On which day was its apparent power the greater? On which day was its real power the less? Nominally subject, it was able to defy the sovereign. Nominally sovereign, it was turned out of doors by its servant.

Constitutions are in politics what paper money is in commerce. They afford great facilities and conveniences. But we must not attribute to them that value which really belongs to what they represent. They are not power, but symbols of power, and will, in an emergency, prove altogether useless unless the power for which they stand be forthcoming. The real power by which the community is governed is made up of all the means which all its members possess of giving pleasure or pain to each other.

Great light may be thrown on the nature of a circulating medium by the phenomena of a state of barter. And in the same manner it may be useful to those who wish to comprehend the nature and operation of the outward signs of power to look at communities in which no such signs exist; for example, at the great community of nations. There we find nothing analogous to a constitution; but do we not find a government? We do in fact find government in its purest, and simplest, and most intelligible form. We see one portion of power acting directly on another portion of power. We see a certain police kept up; the weak to a certain degree protected; the strong to a certain degree restrained. We see the principle of the balance in constant operation. We see the whole system sometimes undisturbed by any attempt at encroachment for twenty or thirty years at a time; and all this is produced without a legislative assembly, or an executive magistracy—without tribunals—without any code which deserves the name; solely by the mutual hopes and fears of the various members of the federation. In the community of nations, the first appeal is to physical force. In communities of men, forms of government serve to put off that appeal, and often render it unnecessary. But it is still open to the oppressed or the ambitious.

Of course, we do not mean to deny that a form of government will, after it has existed for a long time, materially affect the real distribution of power throughout the community. This is because those who administer a government, with their dependants, form a compact and disciplined body, which, acting methodically and in concert, is more powerful than any other equally numerous body which is inferior in organisation. The power of rulers is not, as superficial observers sometimes seem to think, a thing sui generis. It is exactly similar in kind, though generally superior in amount, to that of any set of conspirators who plot to overthrow it. We have seen in our time the most extensive and the best organised conspiracy that ever existed—a conspiracy which possessed all the elements of real power in so great a degree that it was able to cope with a strong government, and to triumph over it—the Catholic Association. An Utilitarian would tell us, we suppose, that the Irish Catholics had no portion of political power whatever on the first day of the late Session of Parliament.