The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-09

opinion has been much more quick and
marked in England than it has in the United
States Prof Dicey. like Mr.. james Bryce,
recognizes that on this side Of the Atlantic
Federal legislation, at any rate, does NOT
lend itself easily to large and sudden
chan ges. nor do even alterations introduced
by State legislation seem to have been, on
the whole. either fundamental or rapid.
We see, then. that there are three differ
ent reasons why we cannot assert OF all
countries, or Of any country at all times,
that laws are there the result Of public opin-
ion in the first place, no opinion, in the
proper sense of that word. with regard to
change of the law may exist. In the sec
ond place, the opinion which does direct
the development of the law may not be pub
lie" opinion. Lastly there may be lacking
any legislative organ adapted for carry
| ing out the changes OF the law that the
existing public opinion demands. In Eng
land however, the beliefs or sentiments
which during the last three quarters OF
the nineteenth century have dictated
the evolution of the law have, In the strictest
sense of the word. been public opinion.
for they have been the wishes and ideas as to
legislation held by the majority OF those
British citizens who have at given mo-
ment taken an effective part In public life
In the eighteenth century majority OF
those British citizens who took an effective
part in public life might hold certain opin-
IONS yet those opinions might not, and often
did not. express themselves in law. This
was because the real posseseors OF political
power felt unwilling, or deemed themselves
unable. to carry their personal convictions
into effect, from the dread OF offending the
feelings of subjects who, though in general
they might take no active share IN public
affairs. might raise an insuperable oppo-
stion to laws which should disturb their
habits or shock their moral sentiment
The failure. for instance. Of the Br itieh
Parliament during the eighteenth century
to introduce reason able reforms was due
far less to the preiudices of members OF
Parliament. or even Of the narrowly re-
strcted electorate. than to the deferanoe
which statesmen instinctively paid TO the
ciulness or stupidity of Englishmen at large
many of whom had no vote and were
certainly not able to dictate by consti-
tutional means to the national legislature.
As Prof. Dicey reminds ,is. Sir Robert
Wapole and his Wing associates were
utterly free trm bigotry, yet Walpole
would never consent to relieve Dissenters
from the Test act though Dissenters were
his most strenuous supporters. The act
facilitating the naturalization Of Jews was.
in obedience to popular clamor repealed
in the next session after it had been passed.
Even the amendment Of the calendar was
found in eighteenth century England las
it is in Russia to this day. to be matter
of great difficulty; the ignorance of the
electors was imposed upon by the phrase
that they had been robbed of eleven days
Then again. the moderate measure of
ITS for the mitigation OF the penal laws
against Roman Catholics gave rise in 1850
to an outbreak Of revolutionary violence;
and the Lord Gle IrRe Gordon riots explain.
If they do not Justify. the long delay Of
Catholic emancipation. The Roman Cath
Ole Relief act OF 1879 ia here adduced
al being itself the most striking monu-
ment Of legislative compromise. The
measure was carried by reformers who
desired the removal of all the political dis
abilities under which the Roman Catholics
Of the United Kingdom suffered, but 1t
contains stringent provisions, on the face
Of them intended to Danish from the United
Kingdom -every Jesuit and every member
of any other religious order, community
or society of the Church Of Rome bound
by monastic or religious vows" the re-
ligious orders OF women being alone ex-
copied How, inquiries Mr., Dicey, did II
happen that a law restoring to Roman
Catholics the rights of citizenship con-
tain penal laws against Jesuits and
monks He answers that "the general
scope OF the act represents the enlighten-
Of ppvornipy clnss which nv IN
of peculiar circumstances carried through
scheme Of religious federation opposed
to the preiudices of the people Penal
enaotments threatening Jesuts and monks
with Punishment. enactmens which have
never in a single instance been put in force.
are the monument of a concession made
by parliamentary craftsmanship to vulgar
bigotry.
II.
Thus far We have directed attention !
to the first lecture. Let us now rass to !
the twelfth, in which are summed UP the |
conclusions deduced from review Of the |
last century, but esq ecially of the last |
seventy years. The student Of the manner |
in which English legislative opinion was, |
het ween 1880 and 1900 affected by he general |
movement of English, or rather European |
ideas is cautioned to pay but little heed !
to many eddies or cross currents Of opinion |
which. interesting thong they be, are Of |
minor consequence and to fix his mind |
resolutely on those leading features of
modern thought which, because they are
easily recognized seem obvious and COM
monplace, but are, in reality, the govern
ing characteristics Of particular age.
1t is pronounced certain that among these
traits the student will note the increasing
freedom Of discussion and the disintegra-
ton Of belief; the increasing importance
given to the emotional side of human ma
TIRE an importance which has been called
the apotheosis Of instinct, and the growth
of the historical method Each Of these
three tendencies had share in shaping
the authority Of Benthamism or individual
ism.
OF course, freedom Of opinion and free
dom Of discussion. or freedom publicly
to express opinion, are logically distinct,
but popularity they are confused, because