Page:Law and Authority (1886).djvu/18

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science, &c. The object of the rest of these laws is fundamentally the same. They exist to keep up the machinery of government, which serves to secure to capital the exploitation and monopoly of the wealth produced. Magistrature, police, army, public instruction, finance, all serve one God—capital; all have but one object—to facilitate the exploitation of the worker by the capitalist. Analyse all the laws passed for the last eighty years, and you will find nothing but this. The protection of the person, which is put forward as the true mission of law, occupies an imperceptible space amongst them, for, in existing society, assaults upon the person, directly dictated by hatred and brutality, tend to disappear. Now-a-days, if anyone is murdered, it is generally for the sake of robbing him; rarely from personal vengeance. But if this class of crimes and misdemeanours is continually diminishing, we certainly do not owe the change to legislation. It is due to the growth of humanitarianism in our societies, to our increasingly social habits rather than to the prescriptions of our laws. Repeal to-morrow every law dealing with the protection of the person, and to-morrow stop all proceedings for assault, and the number of attempts, dictated by personal vengeance and by brutality, would not be augmented by one single instance.

It will, perhaps, be objected that, during the last fifty years, a good many liberal laws have been enacted. But, if these laws are analysed, it will be discovered that this liberal legislation consists in the repeal of the laws bequeathed to us by the barbarism of preceding centuries. Every liberal law, every radical programme, may be summed up in these words, abolition of laws grown irksome to the middle-class itself, and return and extension to all citizens of liberties enjoyed by the townships of the twelfth century. The abolition of capital punishment, trial by jury for all “crimes” (there was a more liberal jury in the twelfth century), the election of magistrates, the right of bringing public officials to trial, the abolition of standing armies, free instruction, &c., everything that is pointed out as an invention of modern liberalism, is but a return to the freedom which existed before Church and King had laid hands upon every manifestation of human life.

Thus, the protection of exploitation, directly by laws on