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Doherty - Spencer and The Relation Between Economic and Political Liberty
Doherty - Spencer and The Relation Between Economic and Political Liberty
Doherty - Spencer and The Relation Between Economic and Political Liberty
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Thought
Introduction
Herbert Spencer's view of the relation between economic and political liberty
changes as he loses his early enthusiasm for universal suffrage, and seeks to
protect economic freedoms from majoritarianism. During his lifetime he was
much criticized for this volte-face over the vote, but two recent writers have
rightly shown that the change is not inconsistent with the main body of his
thought. Miller points out that Spencer does not abandon his commitment to
individual freedom, but only changes his mind on whether universal suffrage
promotes that end. 'He simply becomes convinced that extending the electorate
... will enlarge, not prevent growth of, the government control. '1 Wiltshire adds
a relativistic dimension to this explanation, stating that Spencer's later suffrage
restrictions 'stemmed from the two main sources of Spencerian theory; an
evolutionary imperative of the appropriateness of political institutions to na
tional character, and the individualist imperative which made reform condi
tional on the continued passivity of the state'.2
In our analysis of Spencer's about-turn on the suffrage, we wish to elaborate
and supplement the accounts presented by Miller and Wiltshire, by showing
how Spencer's later views reflect not only his individualism and his relativism,
but also his conceptualizations of politics and liberty, and his dynamic theory
of history. It should be noted that our article is not a historical explanation of
why Spencer changed his mind, but an analytical study of the relationship
between economic and political freedom in Spencer's writings.
Liberals such as Spencer generally endorse economic liberty, but they are
divided on the issue of political liberty (by which we mean possession of the
franchise). Until the nineteenth century, the question of political liberty does
not figure much on the agenda of most liberals, but with the coming of electoral
reform it becomes a central preoccupation for them. They have to face the
The authors wish to acknowledge the helpful comments they received from Mark Bevir
and Shaun Breslin on an earlier draft of this article.
W.L. Miller, 'Herbert Spencer's Drift to Conservatism', History of Political Thought, III
(1982), p. 497.
2 D. Wiltshire, The Social and Political Thought of Herbert Spencer (Oxford, 1978),
p. 111.
view, which he enunciates mainly in Social Statics, the two forms of liberty a
held to coincide because each of them is a separate deduction from 'the law o
equal freedom'. Spencer's law of equal freedom is the touchstone of justice;
lays down that 'every man may claim the fullest liberty to exercise his faculti
compatible with the possession of like liberty by every other man'.3 The bas
of this law is a matter of some controversy, but its centrality to Spencer's theor
is not in doubt; every moral issue in politics is decided by reference to the la
of equal freedom. Hence Spencer derives the rights of life and personal libert
from the law, together with the right to the use of the earth, the right of property
and the right of exchange.4 In exercising any of these rights, no one is assumin
more freedom than they leave to others. Clearly, then, Spencer sees economi
liberty as entailed by the law of equal freedom.
What of political liberty? In Social Statics Spencer is equally emphatic abou
the derivation of universal suffrage from the law of equal freedom. Voting, like
anv other activitv. is an exercise of the faculties, and as such it must be
guaranteed to everyone on equal terms. Of the several conclusions deducible
from the law of equal freedom there are few more manifest or more generally
agreed to than this, that all members of a community have like claims to
political power.'5 No one has an innate right to command other people, 'for
whoso commands, manifestly claims more freedom than whoso is com
manded'.6 The highest form of government is that which confers 'equal privi
leges'7 and in which 'all men are represented'.8 Moreover, 'men' is a generic
term which includes both sexes. 'Equity knows no difference of sex . . . The
law of equal freedom manifestly applies to the whole race — female as well as
male ... the rights of women are equal with those of men ... the political
privileges exercised by men must thereby be ceded to women also.'9
Since both economic and political liberty are derivatives from the basic
principle of justice, they must be consistent with one another. Indeed, so
emphatic is Spencer's claim that democracy is consistent with other liberties,
that he defines it in terms of the law of equal freedom. Ά democracy, properly
so called, is a political organisation modelled in accordance with the law of
equal freedom.'10 The distinctive characteristic of democracy is that of all
5 Ibid., p. 217.
6 Ibid., p. 164.
7 Ibid., p. 217.
8 Ibid., p. 248.
10 Ibid., p. 237.
13 Ibid., p. 242.
16 H. Spencer, Essays: Scientific, Political and Speculative, III (London, 1901), p. 317.
arrangements'. Hence, says Spencer, 'It is clear, both a priori and a posteriori,
that representative government is especially adapted for the establishment and
maintenance of just laws.'17
Spencer claims that the evidence also shows that economic and politica
««freedom are always to be found together: 'there has been a constant ratio kep
between the stringency of mercantile restraints and the stringency of other
restraints'.18 For example, Spencer refers to the situation in France, where
'intolerable restraints once borne by the manufacturing classes of France wer
cotemporary [sic] with intense despotism at court'.19 This is true of countrie
throughout Europe, where 'the oppressiveness of a nation's mercantile laws
varies as the oppressiveness of its general arrangements and government'.20
Spencer also claims that the ending of economic and political unfreedom
always takes place simultaneously: 'coerciveness of regulation declines politi
cally, ecclesiastically, and industrially at the same time'.21
So Spencer's first response is an unequivocal endorsement of the view that
cluiiuuiu. duu μυηιιι^αι iiLicny aie 5υ îiicAuicauiy miKcu lugeuier uiaL wnerever
the one exists, the other must always accompany it. Indeed, they are virtually
synonymous.
Subsequently, however, Spencer rejects universal suffrage as he becomes
much less sanguine about the practical compatibility of economic and political
liberty and much more aware of the need to protect the former from the latter.
Nevertheless, it can be argued that he retains his conceptual link between
economic and political liberty, in that a premature increase in the franchise,
leading to over-legislation (loss of economic liberty), can be interpreted as also
a move away from democracy, properly so-called — i.e. democracy defined in
functional terms as embodying respect for individual rights. Moreover, insofar
as Spencer substantively changes his mind, we will argue that this change is not
a renunciation, but a reflection, of deep-seated values in his philosophy,
compounded by insights yielded by his unfolding theory of history.
Spencer's second response expresses his growing anxiety about the vulnerabil
ity of economic liberty. He rejects his earlier view that political liberty is a right,
like that of economic liberty, directly deduced from the law of equal freedom,
and although he still defines democracy in functional terms of 'less govern
17 Ibid., p. 320.
19 Ibid., p. 299.
20 Ibid.
25 Ibid., p. 291.
26 Duncan, The Life and Letters of Herbert Spencer, p. 139
Political liberty is thus parasitic on other liberties for its justification. The
crucial issue is the practical one of whether the vote promotes or retards th
exercise of other (real) liberties.28
The greatest attainable amount of individual liberty being the true end;
and the diffusion of political power being regarded mainly as a means to
this end; the real question when considering further extensions of the
franchise, is... whether men will be severally freer than before to pursue
the objects of life in their own way?29
these multitudinous restraining acts are not defensible on the ground that
they proceed from a popularly-chosen body; for . . . the authority of a
popularly-chosen body is no more to be regarded as an unlimited authority
than the authority of a monarch.30
Spencer denounces majoritarianism — the idea that the majority has unlimit
authority to determine what are the rights of the individual — as simply a ne
kind of despotism. 'It merely modifies "divine right of kings" into divine righ
of governments. It is despotism democratised.'31 Belief in the divinity
parliament has become the 'great political superstition of the present'.32 Th
truth is, says Spencer, that 'there is a law to which the popular voice must
defer ... the law of pure equity — the law of equal freedom.'33 The people
cannot use their political power to authorize a breach of rights, since 'rights a
27 Ethics, p. 180.
90
Spencer, Statics, Abridged, p. 290.
tious votes, form but a minority; and the election usually hangs less upon
their wills than upon the illegitimate influences which sway the rest. Here,
therefore, the theory fails.36
34 Ibid., p. 205.
35
Spencer, Essays, p. 292.
36 Ibid., p. 293.
37 Ibid.
Even more tellingly, Spencer points out that trade unions the
democratic structure, yet this has not prevented them engaging
economic practices:
40 Spencer, Essays,
JOZ. p.
41 Ibid., pp. 365-6.
42 Ibid., p. 382.
44
H. Spencer, Principles of Sociology, II (London, 1882), p. 421.
45 Ibid., p. 422.
power. They are to be regarded rather as the conditions under which the
causes take effect. These incidental weakenings of pre-existing institu
tions, do but furnish opportunities for the action of the pent-up force
which is ready to work political changes.47
For instance, contrary to received opinion, Spencer claims that Athenian demo
cracy did not originate in dissension among political factions; 'it was the
growing industrial power which then produced, and thereafter preserved, the
democratic organisation'.48 Similarly with the origin of popular power in
England; the summoning of Parliament in 1265 was no doubt a significant
move in the power struggle between king and barons, but Parliament would not
have flourished unless the groundwork had already been laid by the 'aug
mented mass, and hence augmented influence, of the free industrial communi
ties'.49
This account of the economic basis of political change is confirmed, says
Spencer, by the fact that popular power is not sustained unless industrial
development continues.
Thus at first of little account, and growing in power only because the free
portion of the community occupied in production and distribution grew
in mass and importance, so that its petitions, treated with increasing
respect and more frequently yielded to, began to originate legislation, the
representative body came to be that part of the governing agency which
more and more expresses the sentiments and ideas of industrialism. While
the monarch and the upper house are the products of that ancient regime
of compulsory cooperation the spirit of which they still manifest, though
in decreasing degrees, the lower house is the product of that modern
regime of voluntary cooperation which is replacing it; and in an increasing
degree, this lower house carries out the wishes of people habituated to a
daily life regulated by contract instead of by status.53
In this third response to the issue of the relation between economic and
political liberty, therefore, Spencer argues that the two forms of liberty do not
arise simultaneously, but sequentially. Economic liberty is the pathbreaker
which, once securely attained, provides the necessary conditions for the
achievement of sustainable democracy. Without economic liberty, democracy
can neither arise nor survive. The free market is a precondition of political
since women do not serve in the armed forces, they are not entitled to the same
political rights as men 'until there is reached a state of permanent peace'57 —
implying that military service does not, after all, produce political incom
petents.)
However, these arguments do pose a difficulty for Spencer. They imply that
a prerequisite for democracy is extensive exposure to the rigours of market
forces on the part of the majority of the population. Democracy will only be
'safe' when most people have developed the sense of justice that contractual
dealings alone can establish in their minds. But many groups in society may
never be exposed to such enlightening influences unless the government steps
in to assist them. For instance, until there is adequate educational provision for
all, it is unlikely that severely disadvantaged groups in society will ever enter
into meaningful contractual relationships. Similarly with the position of
women; unless the structure of family life in society is radically changed, it is
unlikely that the majority of women would experience the beneficial effect of
the discipline of the market. But neither the extension of educational provision
to all, nor the restructuring of family life are likely to come about through the
operation of the free market itself. It may be necessary, therefore, for Spencer
to contemplate political intervention in the economic system in order to provide
the conditions necessary for everyone to experience its salutary training in
equity. Popular capitalism may demand active encouragement, not passive
neutrality, on the part of government. Unless such governmental intervention
in the economy takes place, democracy may remain beyond reach.
Moreover, the market may be directly inimical to democracy by discouraging
institutions such as trade unions, cooperative societies, professional associa
tions and local authorities, thereby depriving people of the experience of
collective endeavours which could prepare them for political participation. It
may prove necessary for the state to grant such institutions special immunities
from prosecution for market impediments, in order to harness the repre
sentative experience which thev nurture.
Since, however, Spencer forbids governmental interference with education
and the family, and pours scorn on trade unionism and local government for
their production of false political principles, the implication is that his market
system could continue indefinitely without leading to democracy. Although
Spencer's goal always remains that of a society in which there is both economic
and political liberty, there is nothing in his theory that makes the process of
reaching democracy certain. Indeed, élitist governments might be permanently
required in order to protect the free market from majoritarian hijacking, and a
condition of economic liberty without political liberty could theoretically last
for ever. Although Spencer claims that economic development has in the past
led to political development, he does not show how this process is inevitable.
57 Ibid., p. 166.
Conclusion
Our conclusion is that Spencer's change of mind over the franchise is not a
renunciation of principle, but a reflection of his twin beliefs in the parasitic
nature of politics, and the conception of freedom as absence of restraint,
together with his increasing preoccupation with the forces of historical deter
minism. Moreover, although his explanation of the way in which the market
economy provides the conditions under which democracy can become practi
cable leaves some questions unanswered, it does provide us with an answer to
a difficult question. It accounts for the contemporary failure of the free market
to deliver true democracy, since the free market has evidently become cor
rupted, and thereby unable to generate more equity than authoritarianism,
because of the premature extension of the suffrage. Had the franchise been
withheld long enough for the population as a whole to become socialized by
the market, then, Spencer seems to be saying, democracy (in both its senses,
structural and functional) would have been achieved.
Is there any enduring significance in Spencer's change of mind? We believe
there is one useful lesson which can be drawn from Spencer's reflections —
that the granting of political liberty in advance of a process of socialization may
well prove disastrous for both economic and political liberty. Whether or not
the market in itself can provide the necessary socialization is, however, another
question.