Page:Law and Authority (1886).djvu/17

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solute property in land, which have overthrown the communistic customs of primitive people.

As we know, the free townships were not able to hold their own. Torn by intestine dissensions between rich and poor, burgher and serf, they fell an easy prey to royalty. And as royalty acquired fresh strength, the right of legislation passed more and more into the hands of a clique of courtiers. Appeal to the nation was made only to sanction the taxes demanded by the King. Parliament summoned at intervals of two centuries, according to the good pleasure or caprice of the Court, “Councils Extraordinary,” Assemblies of Notables, Ministers, scarce heeding the “grievances of the king’s subjects”—these are the legislators of France. Later still, when all power is concentrated in a single man, who can say, “I am the State,” edicts are concocted in the “secret counsels of the Prince,” according to the whim of a minister, or of an imbecile King; and subjects must obey on pain of death. All judicial guarantees are abolished; the nation is the serf of royalty, and of a handful of courtiers. And at this period the most horrible penalties startle our gaze—the wheel, the stake, flaying alive, tortures of every description, invented by the sick fancy of monks and madmen, seeking delight in the sufferings of executed criminals.

The great Revolution began the demolition of this framework of law, bequeathed to us by feudalism and royalty. But after having demolished some portions of the ancient edifice, the Revolution delivered over the power of law-making to the bourgeoisie, who, in their turn, began to raise a fresh framework of laws intended to maintain and perpetuate middle-class domination amongst the masses. Their Parliament makes laws right and left, and mountains of law accumulate with frightful rapidity. But what are all these laws at bottom?

The major portion have but one object—to protect private property, i.e., wealth acquired by the exploitation of man by man. Their aim is to open out to capital fresh fields for exploitation, and to sanction the new forms which that exploitation continually assumes, as capital swallows up another branch of human activity, railways, telegraphs, electric light, chemical industries, the expression of man’s thought in literature and