More than a grim coincidence
In 1884, Herbert Spencer wrote what quickly became a celebrated book, The Man Versus The State. The book is
seldom referred to now, and gathers dust on library shelves — if, in fact, it
is still stocked by many libraries. Spencer's political views are regarded by
most present-day writers, who bother to mention him at all, as "extreme
laissez faire," and hence "discredited."
But any open-minded person who takes the trouble today to read or reread The Man Versus The State will probably be startled
by two things. The first is the uncanny clairvoyance with which Spencer foresaw
what the future encroachments of the State were likely to be on individual
liberty, above all in the economic realm. The second is the extent to which
these encroachments had already occurred in 1884, the year in which he was
writing.
The present generation has been brought up to believe that government
concern for "social justice" and for the plight of the needy was
something that did not even exist until the New Deal came along in 1933. The
ages prior to that have been pictured as periods when no one "cared,"
when laissez faire was rampant, when everybody who did not succeed in the
cutthroat competition that was euphemistically called free enterprise — but was
simply a system of dog-eat-dog and the-devil-take-the-hindmost — was allowed to
starve. And if the present generation thinks this is true even of the 1920s, it
is absolutely convinced that this was so in the 1880s, which it would probably
regard as the very peak of the prevalence of laissez faire.
Yet the new reader's initial astonishment when he starts Spencer's book may
begin to wear off before he is halfway through, because one cause for surprise
explains the other. All that Spencer was doing was to project or extrapolate
the legislative tendencies existing in the 1880s into the future. It was
because he was so clear sightedly appalled by these tendencies that he
recognized them so much more sharply than his contemporaries, and saw so much
more clearly where they would lead if left unchecked.
Even in his Preface to The Man Versus The State he
pointed out how "increase of freedom in form" was being followed by
"decrease of freedom in fact….
Regulations have been made in yearly growing numbers, restraining the
citizen in directions where his actions were previously unchecked, and
compelling actions which previously he might perform or not as he liked; and at
the same time heavier public burdens … have further restricted his freedom, by
lessening that portion of his earnings which he can spend as he pleases, and
augmenting the portion taken from him to be spent as public agents please.
In his first chapter, "The New Toryism," Spencer contends that
"most of those who now pass as Liberals, are Tories of a new type."
The Liberals of his own day, he points out, had already "lost sight of the
truth that in past times Liberalism habitually stood for individual freedom
versus State-coercion."
So the complete Anglo-American switch of reference, by which a
"liberal" today has come to mean primarily a State interventionist,
had already begun in 1884. Already "plausible proposals" were being
made "that there should be organized a system of compulsory insurance, by
which men during their early lives shall be forced to provide for the time when
they will be incapacitated." Here is already the seed of the American
Social Security Act of 1935.
Spencer also pays his respects to the anti-libertarian implications of an
increasing tax burden. Those who impose additional taxes are saying in effect:
"Hitherto you have been free to spend this portion of your earnings in any
way which pleased you; hereafter you shall not be free to spend it, but we will
spend it for the general benefit."
Spencer next turns to the compulsions that unions were even then imposing
on their members, and asks: "If men use their liberty in such a way as to
surrender their liberty, are they thereafter any the less slaves?"
In his second chapter, "The Coming Slavery," Spencer calls
attention to the existence of what he calls "political momentum" —
the tendency of State interventions and similar political measures to increase
and accelerate in the direction in which they have already been set going.
Americans have become only too familiar with this momentum in the last few
years.
Spencer illustrates: "The blank form of an inquiry daily made is — 'We
have already done this; why should we not do that?'" "The buying and
working of telegraphs by the State" (which already operated them in
England when he wrote), he continued, "is made a reason for urging that
the State should buy and work the railways." And he went on to quote the
demands of one group that the State should take possession of the railways,
"with or without compensation."
The British State did not buy and work the railways until 65 years later,
in 1948, but it did get around to it, precisely as Spencer feared.
It is not only precedent that prompts the constant spread of
interventionist measures, Spencer points out,
but also the necessity which arises for supplementing ineffective measures,
and for dealing with the artificial evils continually caused. Failure does not
destroy faith in the agencies employed, but merely suggests more stringent use
of such agencies or wider ramifications of them.
One illustration he gives is how "the evils produced by compulsory
charity are now proposed to be met by compulsory insurance." Today, in
America, one could point to scores of examples (from measures to cure "the
deficit in the balance of payments" to the constant multiplication of
measures to fight the government's "war on poverty") of interventions
mainly designed to remove the artificial evils brought about by previous
interventions.
Everywhere, Spencer goes on, the tacit assumption is that "government
should step in whenever anything is not going right…. The more numerous
governmental interventions become … the more loud and perpetual the demands for
interventions." Every additional relief measure raises hopes of further
ones:
The more numerous public instrumentalities become, the more is there
generated in citizens the notion that everything is to be done for them, and
nothing by them. Every generation is made less familiar with the attainment of
desired ends by individual actions or private agencies; until, eventually,
governmental agencies come to be thought of as the only available agencies.
"All socialism," Spencer concludes, "involves slavery…. That
which fundamentally distinguishes the slave is that he labors under coercion to
satisfy another's desires." The relation admits of many gradations.
Oppressive taxation is a form of slavery of the individual to the community as
a whole. "The essential question is — How much is he compelled to labor
for other benefit than his own, and how much can he labor for his own
benefit?"
Even Spencer would probably have regarded with incredulity a prediction
that in less than two generations England would have rates of income tax rising
above 90 percent, and that many an energetic and ambitious man, in England and
the United States, would be forced to spend more than half his time and labor
working for the support of the community, and allowed less than half his time
and labor to provide for his own family and himself.
Today's progressive income tax provides a quantitative measurement of the
relative extent of a man's economic liberty and servitude.
Those who think that public housing is an entirely new development will be
startled to hear that the beginnings of it — as well as some of its harmful
consequences — were already present in 1884:
Where municipal bodies turn house-builders [wrote Spencer], they inevitably
lower the values of houses otherwise built, and check the supply of more. … The
multiplication of houses, and especially small houses, being increasingly
checked, there must come an increasing demand upon the local authority to make
up for the deficient supply. … And then when in towns this process has gone so
far as to make the local authority the chief owner of houses, there will be a
good precedent for publicly providing houses for the rural population, as
proposed in the Radical program, and as urged by the Democratic Federation
[which insists on] the compulsory construction of healthy artisans' and agricultural
laborers' dwellings in proportion to the population.
One State intervention Spencer did not foresee was the future imposition of
rent controls, which make it unprofitable for private persons to own, repair,
or renovate old rental housing or to put up new. The consequences of rent
control provoke the indignant charge that "private enterprise is simply
not doing the job" of providing enough housing. The conclusion is that
therefore the government must step in and take over that job.
What Spencer did expressly fear, in another field, was that public
education, providing gratis what private schools had to charge for, would in
time destroy the private schools. But of course he did not foresee that
eventually the government would provide free tuition even in tax-supported collegesand universities, thus more and more
threatening the continuance of private colleges and universities — and so
tending more and more to produce a uniform conformist education, with college
faculties ultimately dependent for their jobs on the government, and so
developing an economic interest in professing and teaching a statist,
pro-government, and socialist ideology. The tendency of government-supported
education must be finally to achieve a government monopoly of education.
As the "liberal" readers of 1970 may be shocked to learn that the
recent State interventions that they regard as the latest expressions of
advanced and compassionate thought were anticipated in 1884, so the statist
readers of Spencer's day must have been shocked to learn from him how many of
the latest State interventions of 1884 were anticipated in Roman times and in
the Middle Ages. For Spencer reminded them, quoting an historian, that in Gaul,
during the decline of the Roman Empire, "so numerous were the receivers in
comparison with the payers, and so enormous the weight of taxation, that the
laborer broke down, the plains became deserts, and woods grew where the plough
had been."
Spencer reminded his readers also of the usury laws under Louis XV in
France, which raised the rate of interest "from five to six when intending
to reduce it to four."
He reminded them of the laws against "forestalling" (buying up
goods in advance for later resale), also in early France. The effect of such
laws was to prevent anyone from buying "more than two bushels of wheat at
market," which prevented traders and dealers from equalizing supplies over
time, thereby intensifying scarcities.
He reminded his readers also of the measure which, in 1315, to diminish the
pressure of famine, prescribed the prices of foods, but which was later
repealed after it had caused the entire disappearance of various foods from the
markets.
He reminded them, again, of the many endeavors to fix wages, beginning with
the Statute of Laborers under Edward III (1327–77).
And still again, of Statute 35 of Edward III, which aimed to keep down the price
of herring (but was soon repealed because it raised the price).
And yet again, of the law of Edward III, under which innkeepers at seaports
were sworn to search their guests "to prevent the exportation of money or
plate."
This last example will remind Americans uneasily of the present prohibition
of private gold holdings and gold export, and of the Johnson Administration's
proposal to put a punitive tax on foreign travel, as well as the actual
punitive tax that it did put on foreign investment. Let us add the still
existing prohibitions even by allegedly advanced European nations against
taking more than a tiny amount of their local paper currency
out of the country!
I come to one last specific parallel between 1884 and the present. This
concerns slum clearance and urban renewal. The British government of Spencer's
day responded to the existence of wretched and overcrowded housing by enacting
the Artisans' Dwellings Acts. These gave to local authorities powers to pull
down bad houses and provide for the building of good ones:
What have been the results? A summary of the operations of the Metropolitan
Board of Works, dated December 21, 1883, shows that up to last September it
had, at a cost of a million and a quarter to ratepayers, unhoused 21,000
persons and provided houses for 12,000 — the remaining 9,000 to be hereafter
provided for, being, meanwhile, left houseless. This is not all…. Those
displaced … form a total of nearly 11,000 artificially made homeless, who have
had to find corners for themselves in miserable places that were already
overflowing.
Those who are interested in a thorough study of the present-day parallel to
this are referred to Professor Martin Anderson's The
Federal Bulldozer (1964). I quote just one short paragraph from
his findings:
The Federal urban renewal program has actually aggravated the housing shortage for low-income groups. From 1950 to 1960, 126,000 dwelling units, most of them low-rent ones, were destroyed. This study estimates that the number of new dwelling units constructed is less than one-fourth of the number demolished, and that most of the new units are high-rent ones. Contrast the net addition of millions of standard dwelling units to the housing supply by private enterprise with the minute construction effort of the Federal urban renewal program. (p. 229)
There is an eloquent paragraph in Spencer's book reminding his readers of
the 1880s of what they did not owe to the
State:
It is not to the State that we owe the multitudinous useful inventions from the spade to the telephone; it is not the State which made possible extended navigation by a developed astronomy; it was not the State which made the discoveries in physics, chemistry, and the rest, which guide modern manufacturers; it was not the State which devised the machinery for producing fabrics of every kind, for transferring men and things from place to place, and for ministering in a thousand ways to our comforts. The worldwide transactions conducted in merchants' offices, the rush of traffic filling our streets, the retail distributing system which brings everything within easy reach and delivers the necessaries of life daily at our doors, are not of governmental origin. All these are results of the spontaneous activities of citizens, separate or grouped.
Our present-day statists are busily trying to change all this. They are
seizing billions of additional dollars from the taxpayers to turn them over for
"scientific research." By this compulsorily subsidized government
competition they are discouraging and draining away the funds for private
scientific research; and they threaten to make research, in time, a government
monopoly. But whether this will result in more scientific progress in the long
run is doubtful.
True, enormously more money is being spent on "research," but it
is being diverted in questionable directions: in military research; in
developing greater and greater super-bombs and other weapons of mass
destruction and mass annihilation; in planning supersonic passenger airplanes
developed on the assumption that civilians must get to their European or
Caribbean vacation spots at 1,200 or 1,800 miles an hour, instead of a mere
600, no matter how many eardrums or windows of groundlings are shattered in the
process; and finally, in such Buck Rogers stunts as landing men on the moon
(however breathtaking that achievement) or even on Mars. It is not what
scientists think is most important or urgent, but what politicians decide will
most impress and astound the masses, that determines the direction of research.
It is fairly obvious that all this will involve enormous waste; that
government bureaucrats will be able to dictate who gets the research funds and
who doesn't, and that this choice will depend either upon fixed arbitrary
qualifications like those determined by Civil Service examinations (hardly the
way to find the most original minds), or upon the grantees keeping in the good
graces of the particular government appointee in charge of the distribution of grants.
But our welfare statists seem determined to put us in a position where we
will be dependent on government even for our future scientific and industrial
progress — or in a position where they can at least plausibly argue that we are
so dependent.
Spencer next goes on to show that the kind of State intervention he is
deploring amounts not merely to an abridgment but a basic rejection of private
property: a "confusion of ideas, caused by looking at one face only of the
transaction, may be traced throughout all the legislation which forcibly takes
the property of this man for the purpose of giving gratis benefits to that
man."
The tacit assumption underlying all these acts of redistribution is that no man has any claim to his property, not even to that which he has earned
by the sweat of his brow, save by the permission of the community; and that the
community may cancel the claim to any extent it thinks fit. No defense can be
made for this appropriation of A's possessions for the benefit of B, save one which
sets out with the postulate that society as a whole has an absolute right over
the possessions of each member.
In the final chapter (just preceding a Postscript) Spencer concluded,
"The function of Liberalism in the past was that of putting a limit to the
powers of kings. The function of true Liberalism in the future will be that of
putting a limit to the power of Parliaments."
In endorsing some of the arguments in Spencer's The Man Versus the State, and
in recognizing the penetration of many of his insights and the remarkable
accuracy of his predictions of the political future, we need not necessarily
subscribe to every position that he took. The very title of Spencer's book was
in one respect unfortunate. To speak of "the man versus the state" is
to imply that the State, as such, is
unnecessary and evil. The State, of course, is absolutely indispensable to the
preservation of law and order, and the promotion of peace and social
cooperation. What is unnecessary and evil, what abridges the liberty and
threatens the true welfare of the individual, is the State that has usurped
excessive powers and grown beyond its legitimate functions — the super-State,
the socialist State, the redistributive State, in brief, the ironically
misnamed "Welfare State."
Again, we need not accept Spencer's own "first principle" (as
laid down in his Social Statics in 1850) for
determining the function of law and the limits of the State: "Every man
has freedom to do all he wills, provided he infringes not the equal freedom of
any other man."
Taken literally, this could be interpreted to mean that a thug has the
right to stand at a corner with a club and beat over the head everybody who
comes round it, provided he acknowledges the right of any of his victims to do
the same.
At least, Spencer's principle seems to permit any amount of mutual
annoyance except constraint. It is entirely true, as Locke pointed out, that
"the end of the law is, not to abolish or restrain, but to preserve and
enlarge freedom." But the only short formula we can use to describe the
function of the law would be that it should maximize liberty, order, and
happiness by minimizing constraint, violence, and harm.
The detailed application of any such simple formula presents many
difficulties and problems. We need not go into them here, except to say that
the Common Law, developed from ancient custom and a hundred thousand decisions
of judges, has been solving these problems through the ages, and that in our
age jurists and economists have been further refining these decisions.
But Spencer was certainly right in the main thrust of his argument, which
was essentially that of Adam Smith and other classical liberals, that the two
indispensable functions of government are first, to protect the nation against
aggression from any other nation, and second, to protect the individual citizen
from the aggression, injustice, or oppression of any other citizen — and that
every extension of the functions of government beyond these two primary duties
should be scrutinized with jealous vigilance.
Another issue on which we need not necessarily agree with Spencer was his complete
rejection of State relief, based on an inflexible and doctrinaire application
of his doctrine of "survival of the fittest." He was quite right in
quoting approvingly from a report of the old Poor Law Commissioners: "We
find, on the one hand, that there is scarcely one statute connected with the
administration of public relief which has produced the effect designed by the
legislature, and that the majority of them have created new evils, and
aggravated those which they were intended to prevent." This judgment could
be obviously applied with even greater force to the enormous proliferation,
expansion, and amendments of relief measures today.
Yet though the problem of the relief of poverty and misfortune has not been
solved, we cannot callously deny that the problem exists. Nor can we leave its
solution entirely to private charity. To cite an extreme example, but
unfortunately one of daily occurrence: If a child is run over in the street or
if two cars crash, there ought to be the quickest possible provision for taking
and admitting the victim or victims immediately to a hospital, if necessary,
before there has been time to determine whether or not they can afford to pay
for doctor or hospital service, and without depending on the offer of some
private good Samaritan, who may or may not happen to be on the scene, to
guarantee payment of the hospital bill. There should be governmental provision
to meet all such emergencies.
The great problem is, of course, how to provide such emergency relief
without allowing it to degenerate into permanent relief; how to relieve the
extreme distress of those who are poor through little or no fault of their own,
without supporting in idleness those who are poor mainly or entirely through
fault of their own.
To state the problem in another way (as I have earlier done): How can we
mitigate the penalties of failure and misfortune without undermining the
incentives to effort and success? In what precise cases and to what precise
extent is it the State's duty to play a role in the solution of this problem?
And what exactly should that role be? Over three thousand years of history this
problem has never been satisfactorily solved by any government anywhere. I do
not pretend to know the precise solution. But the two-sidedness of the problem
of relieving suffering without destroying incentive must be frankly recognized
by both "conservatives" and "liberals," and there is at
least a gain in stating it candidly and clearly.
Yet whatever reservations or qualifications we may have, we are deeply
indebted to Herbert Spencer for recognizing with a sharper eye than any of his
contemporaries, and warning them against, "the coming slavery" toward
which the State of their own time was drifting, and toward which we are more
swiftly drifting today.
It is more than a grim coincidence that Spencer was warning of the coming
slavery in 1884, and that George Orwell, in our time, has predicted that the
full consummation of this slavery will be reached in 1984, exactly one century
later.
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