and when it fails, it hugs its great principles of rights. The philosophers, publicists, reformers, and agitators always argue in terms of rights (especially natural rights); they become rebels, revolutionists, anarchists, dynamiters, in the name of rights, and, if they come to prison or the scaffold, they still declaim in terms of the same vocabulary. A criminal becomes a martyr if he can put his crime under some great generalization about rights. We have all been educated by the modern civil mores to think of rights as something metaphysical, above and behind laws and institutions, greater than they, and with some inherent power to transmute themselves out of oratory and resolutions into facts.
It is certainly far wiser to think of rights as rules of the game of social competition which are current now and here. They are not absolute. They are not antecedent to civilization. They are a product of civilization, or of the art of living as men have practised it and experimented on it, through the whole course of history. They must be enjoyed under existing circumstances, that is, subject to limitations of tradition, custom, and fact. To be real they must be recognized in laws and provided for by institutions, but a great many of them, being inchoate, unsettled, partial, and limited, are still in the mores, and therefore vague and in need of further study and completion by courts and legislatures. This further work will be largely guided by the mores as to cognate matters, and by the conceptions of right and social welfare which the mores produce.
