Let us turn now to another system of problems in the collectivisation of the world, and that is the preservation of liberty in the socialist state and the restoration of that confidence without which good behaviour is generally impossible.
This destruction of confidence is one of the less clearly recognised evils of the present phase of world-disintegration. In the past there have been periods when whole communities or at least large classes within communities have gone about their business with a general honesty, directness and sense of personal honour. They have taken a keen pride in the quality of their output. They have lived through life on tolerable and tolerant terms with their neighbours. The laws they observed have varied in different countries and periods, but their general nature was to make an orderly law-abiding life possible and natural. They had been taught and they believed and they had every reason to believe: “This (that or the other thing) is right. Do right and nothing, except by some strange exceptional misfortune, can touch you. The Law guarantees you that. Do right and nothing will rob you or frustrate you.”
Nowhere in the world now is there very much of that feeling left, and as it disappears, the behaviour of people degenerates towards a panic scramble, towards cheating, over-reaching, gang organisation, precautionary hoarding, concealment and all the meanness and anti-social feeling which is the natural outcome of insecurity.
Faced with what now amounts to something like a moral stampede, more and more sane men will realise the urgency for a restoration of confidence. The more socialisation proceeds and the more directive authority is concentrated, the more necessary is an efficient protection of individuals from the impatience of well-meaning or narrow-minded or ruthless officials and indeed from all the possible abuses of advantage that are inevitable under such circumstances to our still childishly wicked breed.
In the past the Atlantic world has been particularly successful in expedients for meeting this aspect of human nature. Our characteristic and traditional method may be called the method of the fundamental declaration. Our Western peoples, by a happy instinct, have produced statements of Right, from Magna Carta onwards, to provide a structural defence between the citizen and the necessary growth of central authority.
And plainly the successful organisation of the more universal and penetrating collectivism that is now being forced upon us all, will be frustrated in its most vital aspect unless its organisation is accompanied by the preservative of a new Declaration of the Rights of Man, that must, because of the increasing complexity of the social structure, be more generous, detailed and explicit than any of its predecessors. Such a Declaration must become the COMMON FUNDAMENTAL LAW of all communities and collectivities assembled under the World Pax. It should be interwoven with the declared war aims of the combatant powers now; it should become the primary fact in any settlement; it should be put before the now combatant states for their approval, their embarrassed silence or their rejection.
In order to be as clear as possible about this, let me submit a draft for your consideration of this proposed Declaration of the Rights of Man — using “man” of course to cover every individual, male or female, of the species. I have endeavoured to bring in everything that is essential and to omit whatever secondary issues can be easily deduced from its general statements. It is a draft for your consideration. Points may have been overlooked and it may contain repetitions and superfluous statements.
“Since a man comes into this world through no fault of his own, since he is manifestly a joint inheritor of the accumulations of the past, and since those accumulations are more than sufficient to justify the claims that are here made for him, it follows:
“(1) That every man without distinction of race, of colour or of professed belief or opinions, is entitled to the nourishment, covering, medical care and attention needed to realise his full possibilities of physical and mental development and to keep him in a state of health from his birth to death.
“(2) That he is entitled to sufficient education to make him a useful and interested citizen, that special education should be so made available as to give him equality of opportunity for the development of his distinctive gifts in the service of mankind, that he should have easy access to information upon all matters of common knowledge throughout his life and enjoy the utmost freedom of discussion, association and worship.
“(3) That he may engage freely in any lawful occupation, earning such pay as the need for his work and the increment it makes to the common welfare may justify. That he is entitled to paid employment and to a free choice whenever there is any variety of employment open to him. He may suggest employment for himself and have his claim publicly considered, accepted or dismissed.
“(4) That he shall have the right to buy or sell without any discriminatory restrictions anything which may be lawfully bought or sold, in such quantities and with such reservations as are compatible with the common welfare.”
(Here I will interpolate a comment. We have to bear in mind that in a collectivist state buying and selling to secure income and profit will be not simply needless but impossible. The Stock Exchange, after its career of four-hundred-odd-years, will necessarily vanish with the disappearance of any rational motive either for large accumulations or for hoarding against deprivation and destitution. Long before the age of complete collectivisation arrives, the savings of individuals for later consumption will probably be protected by some development of the Unit Trust System into a public service. They will probably be entitled to interest at such a rate as to compensate for that secular inflation which should go on in a steadily enriched world community. Inheritance and bequest in a community in which the means of production and of all possible monopolisation are collectivised, can concern little else than relatively small, beautiful and intimate objects, which will afford pleasure but no unfair social advantage to the receiver.)
“(5) That he and his personal property lawfully acquired are entitled to police and legal protection from private violence, deprivation, compulsion and intimidation.
“(6) That he may move freely about the world at his own expense. That his private house or apartment or reasonably limited garden enclosure is his castle, which may be entered only with his consent, but that he shall have the right to come and go over any kind of country, moorland, mountain, farm, great garden or what not, or upon the seas, lakes and rivers of the world, where his presence will not be destructive of some special use, dangerous to himself nor seriously inconvenient to his fellow-citizens.
“(7) That a man unless he is declared by a competent authority to be a danger to himself and to others through mental abnormality, a declaration which must be annually confirmed, shall not be imprisoned for a longer period than six days without being charged with a definite offence against the law, nor for more than three months without a public trial. At the end of the latter period, if he has not been tried and sentenced by due process of law, he shall be released. Nor shall he be conscripted for military, police or any other service to which he has a conscientious objection.
“(8) That although a man is subject to the free criticism of his fellows, he shall have adequate protection from any lying or misrepresentation that may distress or injure him. All administrative registration and records about a man shall be open to his personal and private inspection. There shall be no secret dossiers in any administrative department. All dossiers shall be accessible to the man concerned and subject to verification and correction at his challenge. A dossier is merely a memorandum; it cannot be used as evidence without proper confirmation in open court.
“(9) That no man shall be subjected to any sort of mutilation or sterilisation except with his own deliberate consent, freely given, nor to bodily assault, except in restraint of his own violence, nor to torture, beating or any other bodily punishment; he shall not be subjected to imprisonment with such an excess of silence, noise, light or darkness as to cause mental suffering, or to imprisonment in infected, verminous or otherwise insanitary quarters, or be put into the company of verminous or infectious people. He shall not be forcibly fed nor prevented from starving himself if he so desire. He shall not be forced to take drugs nor shall they be administered to him without his knowledge and consent. That the extreme punishments to which he may be subjected are rigorous imprisonment for a term of not longer than fifteen years or death.”
(Here I would point out that there is nothing in this to prevent any country from abolishing the death penalty. Nor do I assert a general right to commit suicide, because no one can punish a man for doing that. He has escaped. But threats and incompetent attempts to commit suicide belong to an entirely different category. They are indecent and distressing acts that can easily become a serious social nuisance, from which the normal citizen is entitled to protection.)
“(10) That the provisions and principles embodied in this Declaration shall be more fully defined in a code of fundamental human rights which shall be made easily accessible to everyone. This Declaration shall not be qualified nor departed from upon any pretext whatever. It incorporates all previous Declarations of Human Right. Henceforth for a new era it is the fundamental law for mankind throughout the whole world.
“No treaty and no law affecting these primary rights shall be binding upon any man or province or administrative division of the community, that has not been made openly, by and with the active or tacit acquiescence of every adult citizen concerned, either given by a direct majority vote of the community affected or through the majority vote of his publicly elected representatives. In matters of collective behaviour it is by the majority decision men must abide. No administration, under a pretext of urgency, convenience or the like, shall be entrusted with powers to create or further define offences or set up by-laws, which will in any way infringe the rights and liberties here asserted. All legislation must be public and definite. No secret treaties shall be binding on individuals, organisations or communities. No orders in council or the like, which extend the application of a law, shall be permitted. There is no source of law but the people, and since life flows on constantly to new citizens, no generation of the people can in whole or in part surrender or delegate the legislative power inherent in mankind.”
There, I think, is something that keener minds than mine may polish into a working Declaration which would in the most effective manner begin that restoration of confidence of which the world stands in need. Much of it might be better phrased, but I think it embodies the general goodwill in mankind from pole to pole. It is certainly what we all want for ourselves. It could be a very potent instrument indeed in the present phase of human affairs. It is necessary and it is acceptable. Incorporate that in your peace treaties and articles of federation, I would say, and you will have a firm foundation, which will continually grow firmer, for the fearless cosmopolitan life of a new world order. You will never get that order without some such document. It is the missing key to endless contemporary difficulties.
And if we, the virtuous democracies, are not fighting for these common human rights, then what in the name of the nobility and gentry, the Crown and the Established Church, the City, The Times and the Army and Navy Club, are we common British peoples fighting for?
Last updated Sunday, March 27, 2016 at 12:02