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453ES

Pyotr Alexeyevich Kropotkin

Law and Authority

1886

CHAPTER I

“When ignorance reigns in society and disorder in the minds of men, laws are multiplied, legislation is expected to do everything, and each fresh law being a fresh miscalculation, men are continually led to demand from it what can proceed only from themselves, from their own education and their own morality.” It is no revolutionist who says this, nor even a reformer. It is the jurist, Dalloy, author of the Collection of French law known as “Repertoire de la Legislation.” And yet, though these lines were written by a man who was himself a maker and admirer of law, they perfectly represent the abnormal condition of our society.

In existing States a fresh law is looked upon as a remedy for evil. Instead of themselves altering what is bad, people begin by demanding a law to alter it. If the road between two villages is impassable, the peasant says: — “There should be a law about parish roads.” If a park-keeper takes advantage of the want of spirit in those who follow him with servile observance and insults one of them, the insulted man says: — “There should be a law to enjoin more politeness upon park-keepers.” If there is stagnation in agriculture or commerce, the husbandman, cattle-breeder, or corn speculator argues, “It is protective legislation that we require.” Down to the old clothesman there is not one who does not demand a law to protect his own little trade. If the employer lowers wages or increases the hours of labour, the politician in embryo exclaims, “We must have a law to put all that to rights,” instead of telling the workers that there are other, and much more effectual means of settling these things straight; namely, recovering from the employer the wealth of which he has been despoiling the workmen for generations. In short, a law everywhere and for everything! A law about fashions, a law about mad dogs, a law about virtue, a law to put a stop to all the vices and all the evils which result from human indolence and cowardice.

We are so perverted by an education which from infancy seeks to kill in us the spirit of revolt, and to develop that of submission to authority; we are so perverted by this existence under the rule of a law, which regulates every event in life — our birth, our education, our development, our love, our friendship — that, if this state of things continues, we shall lose all initiative, all habit of thinking for ourselves. Our society seems no longer able to understand that it is possible to exist otherwise than under the reign of Law, elaborated by a representative government and administered by a handful of rulers; and even when it has gone so far as to emancipate itself from the thraldom, its first care had been to reconstitute it immediately. “The Year I. of Liberty” has never lasted more than a day, for after proclaiming it men put themselves the very next morning under the yoke of Law and Authority.

Indeed, for some thousands of years, those who govern us have done nothing but ring the changes upon “Respect for law, obedience to authority.” This is the moral atmosphere in which parents bring up their children, and school only serves to confirm the impression. Cleverly assorted scraps of spurious science are inculcated upon the children to prove necessity of law; obedience to the law is made a religion; moral goodness and the law of the masters are fused into one and the same divinity. The historical hero of the schoolroom is the man who obeys the law, and defends it against rebels.

Later, when we enter upon public life, society and literature, impressing us day by day and hour by hour, as the water-drop hollows the stone, continue to inculcate the same prejudice. Books of history, of political science, of social economy, are stuffed with this respect for law; even the physical sciences have been pressed into the service by introducing artificial modes of expression, borrowed from theology and arbitrary power, into knowledge which is purely the result of observation. Thus our intelligence is successfully befogged, and always to maintain our respect for law. The same work is done by newspapers. They have not an article which does not preach respect for law, even where the third page proves every day to demonstrate the imbecility of that law, and shows how it is dragged through every variety of mud and filth by those charged with its administration. Servility before the law has become a virtue, and I doubt if there was ever even a revolutionist who did not begin in his youth as the defender of law against what are generally called “abuses,” although these last are inevitable consequences of the law itself.

Art pipes in unison with would-be science. The hero of the sculptor, the painter, the musician, shields Law beneath his buckler, and with flashing eyes and distended nostrils stands ever ready to strike down the man who would lay hands upon her. Temples are raised to her; revolutionists themselves hesitate to touch the high priests consecrated to her service, and when revolution is about to sweep away some ancient institution, it is still by law that it endeavours to sanctify the deed.

The confused mass of rules of conduct called Law, which has been bequeathed to us by slavery, serfdom, feudalism, and royalty, has taken the place of those stone monsters before whom human victims used to be immolated, and whom slavish savages dared not even touch lest they should be slain by the thunderbolts of heaven.

This new worship has been established with especial success since the rise to supreme power of the middle class — since the great French Revolution. Under the ancient regime, men spoke little of laws; unless, indeed, it were, with Montesquieu, Rousseau and Voltaire, to oppose them to royal caprice; obedience to the good pleasure of the king and his lackeys was compulsory on pain of hanging or imprisonment. But during and after the revolutions when the lawyers rose to power, they did their best to strengthen the principle upon which their ascendancy depended. The middle class at once accepted as a dyke to dam up the popular torrent. The priestly crew hastened to sanctify it, to save their bark from foundering amid the breakers. Finally the people received it as an improvement upon the arbitrary authority and violence of the past.

To understand this, we must transport ourselves in imagination into the eighteenth century. Our hearts must have ached at the story of the atrocities committed by the all-powerful nobles of that time upon the men and women of the people, before we can understand what must have been the magic influence upon the peasant’s mind of the words, “Equality before the law, obedience to the law without distinction of birth or fortune.” He, who until then, had been treated more cruelly than a beast, he who had never had any rights, he who had never obtained justice against the most revolting actions on the part of a noble, unless in revenge he killed him and was hanged — he saw himself recognized by this maxim, at least in theory, at least with regard to his personal rights, as the equal of his lord. Whatever this law might be, it promised to affect lord and peasant alike; it proclaimed the equality of rich and poor before the judge. The promise was a lie, and to-day we know it; but at that period it was an advance, a homage to justice, as hypocrisy is a homage rendered to truth. This is the reason that when the saviours of the menaced middle class (the Robespierres and the Dantons) took their stand upon the writings of the Rousseaus and the Voltaires, and proclaimed “respect for law, the same for every man,” the people accepted the compromise; for their revolutionary impetus had already spent its force in the contest with a foe whose ranks drew closer day by day, they bowed their neck beneath the yoke of law to save themselves from the arbitrary power of their lords.

The Middle Class has ever since continued to make the most of this maxim, which with another principle, that of representative government, sums up the whole philosophy of the bourgeois age, the XIX century. It has preached this doctrine in its schools, it has propagated it in its writings, it has moulded its art and science to the same purpose, it has thrust its beliefs into every hole and corner — like a pious Englishwoman, who slips tracts under the door — and it has done all this so successfully that to-day we behold the issue in the detestable fact, that, at the very moment when the spirit of turbulent criticism is re-awakening, men who long for freedom begin the attempt to obtain it by entreating their masters to be kind enough to protect them by modifying the laws which these masters themselves have created!

But times and tempers are changed since a hundred years ago. Rebels are everywhere to be found, who no longer wish to obey the law without knowing whence it comes, what are its uses, and whither arises the obligation to submit to it, and the reverence with which it is encompassed. The rebels of our day are criticizing the very foundations of Society, which have hitherto been held sacred, and first and foremost amongst them that fetish, law. Just for this reason the upheaval which is at hand is no meet insurrection, it is a Revolution.

The critics analyse the sources of law, and find there either a god, product of the terrors of the savages, and stupid, paltry and malicious as the priests who vouch for its supernatural origin, or else, bloodshed, conquest by fire and sword. They study the characteristics of law, and instead of perpetual growth corresponding to that of the human race, they find its distinctive trait to be immobility, a tendency to crystallise what should be modified and developed day by day. They ask how law has been maintained, and in its service they see the atrocities of Byzantinism, the cruelties of the Inquisition, the tortures of the Middle Ages, living flesh torn by the lash of the executioner, chains, clubs, axes, the gloomy dungeons of prisons, agony, curses and tears. In our own days the see, as before, the axe, the cord, the rifle, the prison; on the one hand, the brutalised prisoner, reduced to the condition of a caged beast by the debasement of his whole moral being, and on the other hand, the judge, stripped of every feeling which does honour to human nature, living like a visionary in a world of legal fictions, reveling in the infliction of imprisonment and death, without even suspecting, in the cold malignity of his madness, the abyss of degradation into which he has himself fallen before the eyes of those whom he condemns.

They see a race of law-makers legislating without knowing what their laws are about; to-day voting a law on the sanitation of towns, without the faintest notion of hygiene, to-morrow making regulations for the armament of troops, without so much as understanding a gun; making laws about teaching and education without ever having given a lesson of any sort, or even an honest education to their own children; legislating in all directions, but never forgetting the penalties to be meted out to ragamuffins, the prison and the galleys, which are to be the portion of men a thousand times less immoral than these legislators themselves.

Finally, they see the gaoler on the way to lose all human feeling, the detective trained as a blood-hound, the police spy despising himself; “informing,” metamorphosed into a virtue; corruption, erected into a system; all the vices, all the evil qualities of mankind countenanced and cultivated to insure the triumph of law.

All this we see, and, therefore, instead of inanely repeating the old formula, “Respect the law,” we say, “Despise law and all its attributes!” In place of the cowardly phrase, “Obey the law,” our cry is “Revolt against all laws!”

Only compare the misdeeds accomplished in the name of each law, with the good it has been able to effect, and weigh carefully both good and evil, and you will see if we are right.


Posted: September 2018
Category: Essays

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