The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-03-24
POLITICAL ECONOMY AND LAW.

The political economists have been
charged by Professor Heron in recent
number of The Kingdom with overlook
ing ethics The charge is just and I'M
portant. But more important is the fact
chat they have overlooked positive law.
In seeking to trace out the workings Of
self interest they have taken for granted
certain laws as natural and inherent in
the constitution Of scciety-such rs laws
sustaining private property while
other laws have Eeen considered as all ar
tifcial and unnatural interference With
benefcent self interest. Protective tar
ifs, prchibitcry statutes, legal protec-
ton cf women and children, are consid-
cred violations CT natural law. No
economic problem is more important
than the just estimate of the part played
by customary ard statutory law in social
evolution.
Law, in the first place, is q part Of
the environment Of every individual. 1t
operates upon hin, as does the physical
environment, by pressure. Law IS CO.
ercive 1t is regulated force. The direc-
ton in which it shall work is deter1nin-
ed by compromise between the antag-
onistic interests Of society. In primitive
times there was no compromise. The
strongest ruled by mere might Pure
unmixed arbitrary force reduced the
masses cf the people to slavery and
compelled them to cultivate the fields
for warlike rulers. There was no ques-
tion of law or human rights. Law first
appears when certain interests antag-
onistic to despotism gained sufficient
power to lay down rules which should
check the arbitrary coercion by the
monarch. These interests were the no
nility ard the subordinate chiefs. Co
ercion still kept the masses in slavery
and made the land the private property
of mobiles and monarch.
Later in time the capitalistic class,
through the representative system, gain
ed share in making laws. They COM
PEELED the ruling classes to lift the pres
sure which handicapped capitalists, and
today they have even shaped the laws
to their own preference. Such are the
laws enforcing contracts, where the co
ercive power of the state is enlisted on
behalf of the money lender-a thing il
conceivable to medieval duke. Such,
also, are the laws creating and sustain
ing corporations artificial person"
which never die, which always accumu-
late, and whose contracts with the pub
lie and with employees the power of the
state enforces even with the police and
the army, if necessary. Such, also, are
laws abolishing entail and primogeni-
ture, making real estate transferable by
sale and survey and public record, and
thus converting land from an aristo-
cratic inheritance to q plutocratic spec
ulation.
By means of these and other regula-
tions which we call laws the coercive
power of society is lifted from the capi-
taIstic class, marked advantage in
the struggle for life is afforded them,
and they are stimulated to exert them
selves and accumulate property under
the protection of government.
the same time law has both helped
all depressed the masses Of the people.
1t has helped them by abolishing slav-
ery-an institution based solely on
force. It has.depresscd them by main
tanning land and capital-by means Of
which alone they can live-as private
property, another institution BASED en-
force as truly as slavery. 1t is crly CO.
ercion of some kind, however subtle and
gloved or justified, which can crowd
thousands Of people into the tenements
Of tie slums and permit hundreds to
spread ever rocmy homes and palaces
and seaside villas.
Ethics effect their telling results by
modifying the ccercive pressure of So
ciety in behalf of those who are weak.
Women were the first slaves. Today law
protects them from the brutality Of
men, opens up new trades fer them, in
creases their wages and gives them
shorter hours Of work (unless declared
unconstitutional by the coUrts).
Ethics also through law modify the
unchecked coercion of private property
by requiring employers to submit dis
putes with labor TO arbitration. by re-
curing safety appliances, sanitary fac
tories and tenements and in many other
ways which might be mentioned or sug-
gested Law determines tie legal ten
der, and in its enforcement cf contracts
can select an expending CT contracting
medium for payment, and SO can either
take the pressure CT competitive society
nom or else force it upon the debtor
fs..sses. PROFESSOR JOHN BAscoM.