Book of Fallacies
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1^*
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^mm>: GIFT OF SEELEY W.
MUDD
and
GEORGE I. COCHRAN MEYER ELSASSER JOHN R. HAYNES WILLIAM L. HONNOLD JAMES R. MARTIN MRS. JOSEPH F. SARTORI DR.
to the
UNIVERSITY OF CALIFORNIA
SOUTHERN BRANCH
r'i.
*^^-
WNIVtftSl/r OF HA/ifAD..
H?^^'^^> COS AMQELES.
CALIF
:
THE
1_
BOOK OF FALLACIES:
UNFINISHED PAPERS
JEREMY ^ENTHAM.
BY A FRIEND.
LONDON PUBLISHED BY JOHN AND
H. L.
HUNT,
TAVISTOCK STREET, COVENT GARDEN. 1824..
'^
-i.
t^
a-*"
*./
LONDON: PRINTED BY HICHARD TAYLOR, SHOE-LANE. *ZiaS.B
YFIiA.UMAM
JP
EDITOR'S PREFACE.
e The
substance of this treatise, drawn up
from the most unfinished of
all
Mr. Bent-
ham^s Manuscripts, has already been published in
French by M. Dumont; and con-
sidering the very extensive diffusion of that
tongue, the present work, but for one consideration,
The
might seem almost superfluous.
original papers contain
many
appli-
cations of the writer's principles to British Institutions
and British
interests
;
which, with
a view to continental circulation, have been judiciously omitted by
To
M. Dumont.
the English Reader, the matter thus
omitted cannot but be highly important and
a2
EDITOR
iv
S
PREFACE.
With the view of enabling him
instructive.
and
to supply the deficiency,
to obtain sepa-
rately a treatise of general importance,
in the
which
French work has somewhat unfortu-
nately been appended to one of interest,
—namely,
that,
more limited
on the mode of con-
ducting business in Legislative Assemblies,
— the Editor has made the present attempt. To have done ter,
justice to the original
mat-
the whole ought to have been re-written
;
this,
the Editor's other pursuits did not allow
him
leisure to accomplish,
able to do
and
little
strike out
and he has been
more than arrange the papers, what was redundant.— In pre-
paring the work for the press, Mr. Bentham has had no share
may
;
—
for
whatever therefore
be esteemed defective in the matter, or
objectionable in the manner, the Editor solely responsible.
that the
Still,
he thought
work should appear, even
sent shape, than not appear at all;
devoted to
it
it
in
is
better
its
pre-
and having
such portion of his time as could
EDITORS PREFACE. be spared from the intervals of a
V life
of la-
bour, he hopes he shall not be without ac-
knowledgement, from those who are competent to appreciate the
value of whatsoever
comes from the great founder of the science of morals and legislation.
M. Dumont's work
contains an exami-
nation of the declaration of the Rights of
Man,
as proclaimed
tuent Assembly.
by the French Consti-
This forms no part of the
present volume, to the subject of which, indeed,
— Fallacies
employed
not strictly pertinent.
in debate,
But, in
to lose so
translation
much
it
is
fact, the ori-
ginal papers have been mislaid,
seemed
—
and they
of their spirit in a
from the French, that the contents
of the additional chapter would not compensate for the additional bulk
the book.
A 3
and expense of
—
—
—
—
.
CONTENTS,
INTRODUCTION. Page.
Sect.
1
A
.
Fallacy,
what
Sect. 2. Fallacies, by
1
whom
treated of heretofore
ib.
Sect. 3. Relation of Fallacies to vulgar Errors Sect. 4. Political Fallacies the subject of this Sect. 5
5
Work
7 9
Division or Classification of Fallacies
.
Nomenclature of
Sect. 6.
Sect. 7. Contrast
12
political Fallacies
between the present
Work and
Hamilton's 16
Parliamentary Logic
PART THE FIRST. FALL.\CIKS OF AUTHORITY,
The
subject of which
is
Authority in various shapes
;
and the
object,
to repress all exercise of the reasoning Faculty^.
Chap.
I.
1
Chap.
II.
Appeal to authority
The Wisdom ment,
Chap.
III.
32
Analysis of Authority
.
2.
1.
in
what cases
fallacious
of our Ancestors, or Chinese
44
.
Argu69
(ad verecundiam)
Fallacy
irrevocable
of
Laws,
(ad
super-
82
stitionem) 2.
Fallacy of
Vows
or promissory Oaths,
(ad
104
superstitionon)
Chap,
I\'.
No-prccef.lent Argument_,
{nd verecundiam)
..
113
—
——— —
—
CONTENTS.
Vlll
Page.
Chap. V.
(ad ignorantiam, ad
Self-assumed Authority,
1.
116
verecundiam) 2.
The
120
Self- trumpeter's Fallacy
Chap. VI. Laudatory Personalities,
{ad amicitiam)
123
PART THE SECOND. FALLACIES OF DANGER,
The
subject matter of which
is
Danger
Chap.
I.
Vituperative Personalities, 1.
2.
and the
in various shapes;
object, to repress Discussion altogether, by exciting
alarm.
{ad odium)
127
Imputation of bad design
131
Imputation of bad character
132
3. Imputation of
bad motive
133
4.
Imputation of inconsistency
5.
Imputation
6.
Imputation founded on identity of denomi-
7.
Cause of the prevalence of the
of
suspicious
135 connections.
(^Noscitur ex sociisj
(Noscitur ex cognominibus.J
nation.
longing to
Chap.
II.
1.
136
.
.
140
this class
Hobgoblin Argument,
or,
" No Innovation!"
{ad metum)
1
2.
Apprehension of mischief from change, what
3.
Time
foundation
137
fallacies be-
it
has in truth
43
145
the innovator-general, a counter fal-
lacy
148
4. Sinister interests in vAiich this fallacy has its
Chap.
III.
source
151
Fallacy of Distrust, or,
"What's
at the
bottom ?"
{ad
metum)
{ad metum)
Chap. IV.
Official
154
Malefactor's
"Attack
us,
Screen,
—
you attack Government."..
158
——— ———— —
.
CONTENTS.
IX
(ad metum)
Chap. V, Accusation-scarer's Device,
—"In-
Page.
famy must attach somewhere."
184
PART THE THIRD. FALLACIES OF DELAY,
The
subject matter of which object,
to
The
Chap.
I.
Chap,
II.
Chap.
III.
Delay
is
various shapes
in
;
postpone Discussion, with a view of eluding
Quietist, or,
" No Complaint,"
Fallacy of False-consolation, Procrastinator's
" Wait a
—
Argument,
little, this is
1
{ad quietem)
socordiam) 1
{ad socordiam)
Not too
fast
90
1
194
(ad quietem) .... {ad
the
it.
not the time."
Chap. IV. Snail's-pace Argument, thing at a time
and
!
98
" One
Slow and 201
sure!"
Chap. V. Fallacy of artful Diversion,
{ad verecundiam)
.
209
PART THE FOURTH. FALLACIES OF CONFUSION,
The
object
of which
is,
to perplex,
when Discussion can no longer
be
avoided.
Question-begging Appellatives,
Chap.
I.
Chap.
II.
Chap.
111.
Impostor Terms,
Vague 1.
2.
{ad judicium).
{ad judicium)
Generalities,
{ad judicium)
Balance of Power
.Allegorical
221
230 235
Establishment
5. Glorious Revolution
Chap. IV.
213
232
Order
3. Matchless Constitution 4.
.
Idols,
{ad imaginationem)
236
248 256 258
— ———
.. .
.
CONTENTS.
X
Page.
Government
1
;
members
for
of the governing
body
258
2.
The Law
3.
The Churchy
for law^yers
;
for
churchmen
Chap. V. Sweeping Classifications, Kings
1
2.
Jbid.
260
(ad judicium)
2G5
— Crimes of Kings
;
Catholics
;
—
Ibid.
266
Cruelties of Catholics
Chap. VI. Sham Distinctions,
(ad judicium)
271
1.
Liberty and Licentiousness of the Press
2.
Reform
j
—temperate and intemperate
Chap. Vn. Popular Corruption,
.
(ad superbiam)
Ibid.
2/6 279
Chap. VIII. Observations on the seven preceding Fallacies
287
Chap. IX. Anti-rational Fallacies,
295
(ad verecundiam) ....
1
Abuse of the words
2.
Utopian
301
3.
Good in theory, bad in practice Too good to be practicable
303
Theore-
Speculative,
298
tical, 8fc
4.
1.
307
314
(ad judicium)
Chap. X. Paradoxical Assertion,
Dangerousness of the Principle of
Utility
3.
How
mark
of Profligacy
to turn this Fallacy to
Chap. XI, Non-causa pro causd confounded, 1.
319
Mischievousness of Simplification
4. Disinterestedness a
5.
Efl'ect,
:
or.
..
account ....
— (ad judicium)
—the influence
Crown Efl'ect, Good Government
re-
of
330
the
presented as a cause,
3.
Eff^ect,
in
the
322 328
Good Government: — Obstacle
Bishops
320
Cause and Obstacle
presented as a cause,
2.
315
316
2. Uselessness of Classification
House
:
—
— Obstacle restation of the
of Lords
Useful national Learning
stacle stated as a cause,
332 ;
— Ob-
— system of edu-
——
.
CONTENTS.
XI Page.
pursued
cation
Church-of-England
in
334
Universities 4.
Effect, National virtue
sented
a cause,
as
;
— Obstacle
— Opulence
repreof the
Clergy
336
Chap, XII. Partiality-preacher's Argument,
— (ad judicium)
" From the abuse, argue not against
the
339
use."
Chap. XIII. The End
justifies the
Chap. XIV. Opposer-general's
Means,
{ad judicium)
justification,
.
.
341
— (ad invidiam)
" Not measures, but men," or " Not
344
men, but measures." Chap. XV. Rejection instead of Amendment,
(ad judicium)
349
PART THE FIFTH. Chap,
I.
Chap.
II.
Chap.
III.
Characters
Of the
common
to all these Fallacies
Cause
—
:
Second Cause
it is
conscious.
— Interest-begotten Prejudice
—Authority-begotten Prejudice Fourth Cause — Self-defence against counter
Chap. V. Third Cause Chap. VI.
:
....
.
.
:
372
Fal-
379
Use of these ceptors of
Fallacies to the utterers
and ac-
them
382
Chap, VIII. Particular demand
under the En-
for Fallacies
389
glish Constitution
Chap. IX. The demand
Ibid.
376
:
lacies
Chap. Vll.
362
Sinister interest, of the operation
of which the party affected by
Chap.
361
Causes of the utterance of these Fallacies First
IV.
359
mischief producible by Fallacies
for political Fallacies
by the state of
:
—how created 392
interests
Chap. X. Different parts which
may be borne
to Fallacies
Chap. XI. Uses of the preceding Exposure
in
relation
400 406
;
INTRODUCTION,
Section
I.
A FALLACY, WHAT.
IjY
name oi fallaaj
the
common
is
it
to designate
any argument employed, or topic suggested,
for the
purpose, or with a probability, of producing the effect
of deception,
—of
to be entertained
causing
some erroneous opinion
by any person
whose mind such
to
argument may have been presented.
Section II.
FALLACIES, BV
The tion
made on the subject oi fallacies
by whom,
in
his treatise list
Aristotle
the course or rather on the occasion of
on Logic, not only
is
is
this subject started,
applicable
is
this
undertaken to be given.
the principle of the exhaustive method at so
early a period
and
is
of the species of arguments to which
denomination
Upon
OF HEUETOFORE.
author extant in whose works any men-
earliest
is
but a
WHOM TREATED
in
employed by
comparison of what
have been, so
little
that astonishing genius, it
might and ought to
turned to account since, two
B
is
the
number of buted
—
diction
parts into which
and thirteen (whereof
in the diction seven)
the
is
distributed between those
As from
is distri-
the diction, fallacies not in
fallacies in
:
whole mass
tlie
Aristotle
down
number of
two parts to
tlie
in the diction six,
not
the articles
*.
Locke, on the subject of
the origination of our ideas, (deceptious and undeceptious included,)
—
down
so from Aristotle
to this
present day, on the subject of the forms, of which such ideas or combination of ideas as are employable in the character of instruments of deception, are susceptible,
—
all is
To do is
a blank.
something
in the
way of
filling
up
blank
this
the object of the present work.
In speaking of Aristotle's collection of as a stock to which from
no addition has been made, whatsoever arguments their object,
his all
time to the present
that
is
may have had
meant,
that
name;
and the present,
for
that
is,
deception for
none besides those brought
Aristotle, have been brought to view
and under
fallacies,
view by
to
in that
character
between the time of Aristotle
treatises of the art of oratory, or po-
pular argumentation, have not been wanting in various
"
2,0(pos,
was the word applied
in irony to designate the tribe of wranglers,
praise of
wisdom had no
as
it
whose pretension
better ground than an abuse of words.
were
to the
languages and
considerable number
in
of these be found in which, by him
put a deceit upon those to
whom
:
who
nor can any njay wish to
he has to address
no small quantity may not be
himself, instruction in
obtained.
What
books of instruction
in these
be taught comes under
is
professed to
this general description
;
viz.
how, by means of words aptly employed, to gain your point
;
to produce
upon those with
whom
to deal, those to
you have
the impression, and, by disposition
As
may
to address yourself,
to
tlie
your purpose, whatso-
be.
and disposition the produc-
to the impression
tion of
you have
means of the impression,
most favourable
ever that purpose
whom
which might happen
to
be desired, whether
the impression were correct or deceptions, whether the disposition were with a view to the individual or
community nicious,
in question, salutary,
indifferent, or
was a question that seemed not
instances to have
come
in
per-
any of these
across the author's mind.
In
the view taken by them of the subject, had any such question presented
itself, it
as foreign to the subject
;
would have been put aside
exactly as, in a treatise on
the art of war, a question concerning the justice of the
war.
Dionysius of Halicarnassus, Cicero, and Quintilian, Isaac Voss, and, though last and in bulk
not the least interesting, our (of
whom more
will
Between those
least,
yet
own Gerard Hamilton
be said), are af this stamp.
earliest
and these
latest of the writera
— 4
who have others in
written on this subject and with this view,
abundance might be inserted
;
but these are
quite enough.
many
After so
ages past in teaching with equal
complacency and indifference the art of true instruction
and the
good
effects,
art of deception
the art of producing
art of producing
and the
man and
the art of the honest
—
bad
effects
the art of the knave
of promoting; the purposes of the benefactor and the purposes of the enemy of the
many
human
race
;
—
after so
ages during which, with a view to persuasion,
disposition, action,
no instructions have been endea-
voured to be given but turbable impartiality,
in
the
same
strain of
imper-
seemed not too early
it
in the
nineteenth century to take up the subject on the ground
of morality, and to invite
common
honesty for the
first
time to mount the bench and take her seat as judge.
As and
to Aristotle's fallacies, unless h\s petitio principii
non causapro causa be considered as
h\s Jallacia,
exceptions,
upon examination so
little
danger would
them
be found in them, that, had the philosopher
left
unexposed to do
need not
their worst, the omission
have hung very heavy upon in
any instance
will
his conscience
;
scarce
be discovered any the least dan-
ger of final deception
:
the utmost inconvenience they
seem capable of producing seems confined sensation of embarrassment.
And
to a slight
as to the embar-
rassment, the difficulty will be, not in pronouncing that the proposition in question
is
incapable of form-
ing a just ground for the conclusion built upon
it,
but
in finding
which
is
words
for the descri[)tion of
the cause of this incapacity
:
weakness
tlie
not
in discover-
ing the pr^oposition to be absurd, but in giving an
exact description of the form in which the absurdity presents
itself.
Section III.
RELATION OF PALLACIES TO VULGAR ERKORS. Error, vulgar error %
is
an appellation given to an
opinion which, being considered as false,
of any kind, of winch It is
considered
it
may be
productive.
termed vulgar with reference to the persons
whom
by
is
and not with a view to any consequences
in itself only,
supposed to be entertained
it is
:
and
this
either in respect of their multitude, simply, or in re-
spect of the lowness of the station occupied by them
or the greater part of them in the scale of respectability, in
the scale of intelligence.
Fallacy
is
an appellation applied not exclusively
to
an opinion or to propositions enunciative of supposed opinions, but to discourse in any shape considered
as.
having a tendency, with or without design, to cause
any erroneous opinion to be embraced, or even, through
*
Vulgar errors
this subject
is
a denomination which, from the work written on
by a physician of name
in the
seventeenth century, has.
obtained a certain degree of celebrity.
Not the moral sical,
was the
(of
field
which the
political is
of the errors which
it
Brown
to
hunt out and bring
mation
is
given by the words of which the
to
view
:
a department), but the phy-
was the object of
Sir
Thomas
but of this restriction no title
of his work
is
inti-
composed,
6 the
medium of erroneous opinion
already entertained,
to cause any pernicious course of action to be engaged
or persevered in.
Thus, to believe that they who lived in early or old times were, because they lived in those times, wiser or better than those is
vulgar error
:
who
live in later or
modern
the employing that vulgar error in
the endeavour to cause pernicious practices tutions to be retained,
By
those by
times,
whom
is
and
insti-
fallacy.
the term fallacy has been
ployed, at any rate by those by
whom
it
em-
was originally
employed, deception has been considered not merely
more or
less probable,
but as a con-
sequence the production of which was
aimed at on
as a consequence
the part at least of
YXiyxpi is
Go(pi?ojv,
some of
the utterers.
arguments employed by the sophists,
the denomination by which Aristotle has designated
his devices, thirteen in tators,
number, to which
his
such of them as write in Latin, give
oifallacicE, (ivom Jallere to deceive,)
commenthe name
from which our
English word fallacies.
That
in the use
of these instruments, such a thing
as deception was the object of the
tioned by Aristotle under the
together out of doubt.
On
they are mentioned by him, is
name
set of
men men-
of sophists,
is al-
every occasion on which
this intention
either directly asserted or assumed.
of deceiving
Section IV.
POLITICAL TALLACIES THE SUBJECT
THIS
Ol-
WORK. The
present work confines itself to the examination
and exposure of only one is
class of fallacies,
which class
determined by the nature of the occasion
in
which
they are employed.
The
occasion here in question
is
that of the forma-
tion of a decision procuring the adoption or rejection
of some measure oi government
including under the
:
notion of a measure of government, a measure of legislation as well as of administration
two operations
;
so intimately connected, that the drawing of a boun-
dary line between them will in some instances be matter of
no small
difficulty,
but for the distinguishing of
which on the present occasion, and for the purpose of the present work, there will not be any need.
Under the name of a Treatise on Political Fallacies^ this work will possess the character, and, in so far as the character answers the design of
it,
have the effect
of a treatise on the art of government
:
pmctical object and tendency, in the
first
facilitating the introduction of
government as remain place giving
means of ject (an will
legislative clauses
aim of which the
come
its
place, the
such features of good
to be introduced
them perpetuation
having for
—
;
in the
next
perpetuation, not by
aiming directly at that ob-
inutility
and mischievousness
to be fully laid open to view in the course
of this work), but by means of that instrument,
viz.
reason by which alone the endeavour can be producf
tive of
any useful
Employed
effect.
in this
endeavour, there are two ways in
instrument
may
be applied
more
one, the
which
this
direct,
by showing, on the occasion of each proposed
measure, in
quences
it
what way, by
:
what probable conse-
tends to promote the accomplishment of
the end or object which larly in view
:
it
the other,
professes to have particu-
by point-
the less direct,
ing out the irrelevancy, and thus anticipating and destroying the persuasive force, of such deceptious ar-
guments as have been
employed
in the
in
use,
or appear likely to be
endeavour to oppose
it,
and
to dis-
suade
men from
concurring in the establishment of
Of
these two
different
but harmonizing
applying this same instrument to the
more
direct
is
its
it.
modes of
several purposes,
that of which a sample has, ever
since tbe year 1802, been before the public, in that collection lished at
of unfinished papers on legislation, pub-
Paris
in
the French language, and which
had the advantage of passing through the hands of
Mr. Dumont, but
for
whose labours
in the author's life-time at least,
it
would scarcely,
have seen the
light.
To exhibit the less direct, but in its application the more extensive mode,
To ones
the business of the present work.
give existence to
in that instance
'
is
is
for the
:
good arguments was the object
to provide for the
exposure of bad
the object in the present instance
—
to
provide
exposure of their real nature, and thence for
the destruction of their pernicious force.
Sophistry
is
a hydra of which,
if all
the necks could
be exposedj the force would be destroyed.
In
work they have been
and
the course of
it
diligently looked out for,
the principal and
most
active of
this
in
them
have been brought to view. Section V.
DIVISION OR CLASSIFICATION OF FALLACIES. So numerous are the instruments of persuasion which in the character of fallacies the present
mind
to view, that, for enabling the
command
rably satisfactory
over
it,
work
will bring
to obtain
any
tole-
a set of divisions
deduced from some source or other appeared to be altogether indispensable.
To
frame these divisions with perfect logical accu-
racy will be an undertaking of no small difficulty
;
an
undertaking requiring more time than either the author or editor has been able to bestow
An
upon
it.
imperfect classification, however, being prefer-
able to no classification at
the author had adopted
all,
one principle of division from the situation of the
British
Houses of Parliament
fallacies of the outs,
A to
—
ut-
from the utterers in the
terers of fallacies, especially :
—
fallacies of the ins,
—
either-side fallacies.
principle of subdivision he found in the quarter
which the fallacy
persons on
whom
it
in question applied itself, in the
was designed
Jections, the judgement,
To
to operate
the several clusters of fallacies
this subdivision, a
Latin
;
the qf-
and the imagination.
marked out by
affix, expretisive
of the faculty
;
10 or affection aiiDcii
was given
at,
tation, for of the very
not surely for osten-
;
humblest sort would such osten-
and
tation be, but fov p7wm?ierice, for impressiveness,
thence for clearness 2.
ad odium
6. 8.
arguments
:
ad superstitiojiem : :
ad socordiam
1
ad super biam
9-
ad verecu?idiam
.
:
:
:
admetum 1 ad quiet em
ad amicitiam:
ad invidentiam
6. :
3.
4.
:
:
.
10.
adjudicium
:
W. ad imaginatio7iem. In the same manner, Locke has employed Latin de-
nominations to distinguish four kinds of argument •verecundiam,
:
ad
ad ignorantiam, ad liominem, adjudicium.
Mr. Dumont, who some few years since published in
French a
translation, or rather
a redaction, of a con-
siderable portion of the present work, divided the fallacies into three classes, according to
the particular
or special object to which the fallacies of each class
Some he
appeared more immediately applicable.
supposed destined to repress discussion altogether others to postpone sion could
it
;
others to perplex,
no longer be avoided.
called fallacies of authority, delay,
also
and the
added
The
when first
the second fallacies of
third fallacies of confusion
to the
name
:
he has
of each fallacy the Latin
which points out the faculty or affection is
discus-
class he
to
affix
which
it
chiefly addressed.
The
present editor has preferred this arrangement
to that pursued by the author,
variation he has adopted
it
and with some
in this
little
volume.
In addition to the sui)posed immediate object of a given class of fallacies, he has considered the subject
1
1
mattei^ of each individual fallacy, with a view to the
comprehending
in
one class
all
such fallacies as more
nearly resemble each other in the nature of their subject matter
and the classes he has arranged
:
may
order in which the enemies of improvement
supposed to resort
to
them according
in the
be
emergency
to the
of the moment. fallacies of author'iti)
First,
(including laudatory
which
personalities); the subject matter of in various shapes,
and the immediate
is
authority
object, to repress,
on the ground of the weight of such authority,
all ex-
ercise of the reasoning faculty.
Secondly, fallacies oi danger (including vituperative j)ersonalities)
the subject matter of which
;
is
the sug-
gestion of danger in various shapes, and the object, to repress altogether, on the ground of such danger, the discussion proposed to be entered on.
Thirdly, fallacies of delay; the subject matter of which is
an assigning of reasons for delay
and the
in various shapes,
object, to postpone such discussion, with a view
of eluding
it
altogether.
Fourthly, fallacies oi confusion ; the subject matter
of which consists chiefly of vague and indefinite generalities,
while the object
is
to produce,
when
discussion
can no longer be avoided, such confusion in the minds of the hearers as to incapacitate them for forming a correct judgement on the question proposed for deliberation.
In the arrangement thus made, itnperfections will be found,
tlic
removal of which, should the removal
1'2
of them be practicable and at the same time worth the trouble, must be
some experter hand. The
left to
classes themselves are not in every instance sufficiently distinct
from each other
;
the articles ranged under
them respectively not appertaining with a degree of propriety sufficiently exclusive
which they are placed. arrangement
will, it is
to
the
heads under
imperfect as
Still,
it
hoped, be found by the
ing reader not altogether without
its
is,
the
reflect-
use.
Section VI.
NOMENCLATURE OF POLITICAL FALLACIES. Between the business of
and that of
classification
nomenclature, the connexion
most intimate.
is
To
the work of classification no expression can be given
but by means of nomenclature
what
in
name, no name more extensive is
the
name of an
class
is
mind
is
Still,
marked
is
called
proper
a.
in its application
than
individual, can be applied, but a
work of the
creation, created.
however, the two operations remain not the
description
may
complication
;
:
for of the class
marked
out,
a
be given of any length and degree of
the description given
occupy entire sentences
name
no name other than
out, and, as far as the
less distinguishable
to
:
the language of grammarians
in
may
be such as
any number.
But a
properly so called consists either of no
more
than one word, and that one a noun substantive, or at
most of no more than a substantive with
its
adjunct:
13 or,
if
of words more than one, they must be
form
sort linked together as to
in conjunction
in siu
li
no more
than a sort of compound word, occupying the place of
a noun substantive
in the
composition of a sentence.
Without prodigious circumlocution and inconvenience, a class of objects,
however well marked out by
we
description, cannot be designated, unless for the
substitute
words constituting the description, a word,
or very small cluster of words, so connected as to
name.
constitute a
In this case nomenclature
description what, in algebraical stitution of a
is
to
operation, the sub-
single letter of the alphabet for a line
of any length composed of numerical figures or letters
of the alphabet, or both together,
to the continu-
is
ing and repeating at each step the complicated niat-
of that same
ter
The
line.
class being
marked out whether by description
or denomination, an operation that will remain to be
performed ing for
it
given to
is, if
no name be as yet given
and giving
it,
to
it
the sitting in
a
name
:
if
a
to
it,
name
the find-
has been
judgement on such name,
the purpose of determining whether
it
for
presents as ade-
quate a conception of the object as can be wished, or
whether some other conception
may
may
not be devised by which that
be presented in a manner more ade-
quate.
Blessed be he for evermore, in whatsoever robe arrayed, to
the
first
whose creative genius we are indebted
for
conception of those too short-lived vehicles,
by which, as
in
a nutshell, intimation
is
conveyed to
!
14 us of the essential character of those awful volumes
which at the touch of the sceptre become the rules of our conduct, and the arbiters of our destiny Alien Act,"
"The Turnpike
Waterworks
Bill,"
How
—
"
The
Middlesex
&c. &c.
advantageous a substitute in some cases,
an additament in
useful
"The
Act,"
:
cases,
all
how
would they not
make
to those authoritative
titles,
by which so large a proportion of sound and so
masses of words called
small a proportion of instruction are at so large an ex-
pense of attention granted to us
and amend an Act
amend," &c. &c.
entitled
"
;
An
An Act
to explain
Act to explain and
!
In two, three, four, or at the outside half a dozen words, information without pretension frequently
when pretended
is
and darkness given instead of
is
given,
which
not given, but confusion it,
times, or half a dozen times as
in twice, thrice, four
many
Rouleaus of commodious and
lines.
significative appella-
are thus issued day by day throughout the session
tives,
from an
invisible
though not an unlicensed mint but no ;
sooner has the last newspaper that appeared the last day of the session
made
its
way
to the
most distant of
stages, than all this learning, all this circulating is
as completely lost to the world
its
medium,
and buried
in obli-
vion as a French assignat.
So many yearly is
to
be found
in
strings of words, not
the works of Dryden, with
the art of coining words
bered
among
one of which
fit
to be used
whom
became num-
the lost arts, and the art of giving birth
— 15 to
new
ideas
among
the prohibited ones
So many
!
words, not one of which would have found toleration
from the orthodoxy of Charles Fox
!
Let the workshop of invention be shut up for ever, rather than that the
tympanum of taste should
by a new sound
Rigorous decree
!
!
be grated
more rigorous
if
obedience or execution kept pace with design, than even the continent-blockading and commerce-crushing decrees proclaimed by Buonaparte.
So necessary
is it
there should be a
that,
name
when a
to call
thing
it
by
;
is
talked of,
so conducive,
not to say necessary, to the prevalence of reason, of
common
sense,
and moral honesty, that instruments
of deception should be talked
and talked out of fashion, that,
—
in
of,
and well talked
of,
a word talked down,
without any other license than
the old
one
granted by Horace, and which, notwithstanding the
acknowledged goodness of the authority, men are so strangely backward to
make
use
of,
—
the author had,
under the spur of necessity, struck out for each of these instruments of deception a separate barbarism,
such as the tools which he had at enable him to produce
:
command would
the objections, however, of
a class of readers, who, under the denomination of
men of taste, attach much more importance to the manner than to the matter of a composition, have induced the editor
to suppress for the present
some of
these characteristic appellations, and to substitute for
them a
less expressive periphrasis.
16
Section VII.
contrast between the present work and Hamilton's " parliamentary logic."
Of
this
work, the general conception bad been
formed, and in the composition of
it
some
little
pro-
gress made, when the advertisements brought under the posthumous work intituled " Parliamentary LogiCy by the late William Gerard
the author's notice
Hamilton," distinguished from so many other Hamiltons by the
name
Of finding
of Single-speech Hamilton.
the need of a
work such as the
present,
superseded in any considerable degree by that of the right honourable orator, the author
nor apprehension
:
had neither hope
but his surprise was not inconsider-
able on finding scarcely in any part of the two works
any the smallest degree of coincidence. In respect of practical views and objects,
it
would
not indeed be true to say that between the one and the other there exists not any relation
;
for there exists
a pretty close one, namely, the relation of contrariety.
When, under
the
title
of " Directions to ServantSy'
Swift presented to view a collection of such various faults as servants, of different descriptions,
found or supposed by him liabls to ject
(it
need scarce be
ject beyond that of
said), if
making
had been
fall into,
his ob-
he had any serious ob-
his readers laugh,
was,
not that compliance, but that non-compliance, with the directions so humorously delivered, should be the practical result.
17
Taking
work of
tliat
what seemed the
the author of this
it,
for his guidance,
work occasionally found
form of a direction for the framing of a
seemed the most convenient vehicle conception of
its
nature
and
Swift's for his pattern,
serious object of
:
as in
in
fallacy,
the
what
for conveying
some
a
instances, for
conveying a conception of the nature of the figure he
is
occupied in the description
a mathemati-
of,
mode
cian begins with giving an indication of the
which
it
may
be framed, or, as the phrase
is,
in
ge-
nerated.
On
these occasions
sary to
satisfy
much
pains will not be neces-
the reader that the
instructions vvhich
may
object of any
here be found for the com-
position of a fallacy, has been, not to promote, but as far as possible to prevent the use of
the use of
it,
it
to prevent
:
or at any rate to deprive
of
it
its
effect.
Such,
Gerard Hamilton
if
is
to
be believed, was
not the object with Gerard Hamilton
his
:
book
is
a
means of advocating what a good cause, and the means of advocating what
sort of school, in which the is is
a
bad cause, are brought to view
frankness,
success
:
and inculcated with equal
in
it
servation any
at,
Gerard Hamilton
occurs to him does not only aim
but aim at without disguise.
is
equal
a word, that which Machiavel has been
supposed sometimes to aim as often as
with
solicitude for
Whether on
this
at,
ob-
such imputation as that of calumny
justly chargeable, the samples given in the course
C
—
18 of
this
work
will
put the reader
a condition to
in
judge.
Sketched out by himself and finished by his editor
and panegyrist", the
character of Gerard
political
Hamilton may be comprised
a few words
in
:
he was
;
he was as ready to
side with one party as another;
and whatever party
determined to join with a party
he sided with, as ready to say any one thing as any other in support of
it.
Independently of party, and
personal profit to be
made from
good and
in his eyes matters of indifference.
were
evil,
But having consecrated whatever
—
it
party, right
and wrong,
hi[nself to party, viz. the party,
was, from which the most was to be got,
that party being, of whatever materials
the party of the
ins,
—
composed,
that party standing constantly
pledged for the protection of abuse in every shape,
^
Extract from the preface to Hamilton's work
"
He
:
indeed considered politics as a kind of game, of which the
stake or prize was the administration of the country. that those lity
who
than their opponents, and were therefore
in the state,
Hence he thought
conceived that one party were possessed of greater abifitter to
fill
the
first offices
might with great propriety adopt such measures (consistent
with the Constitution) as should tend to bring their friends into the administration of
affairs,
or to support
them when invested with such
power, without weighing in golden scales the particular parliamentary questions which should be brought forward for this purpose
the other hand, they
who had formed a higher
;
as
on
estimate of the opposite
party might with equal propriety adopt a similar conduct, and shape various questions for the purpose of showing the imbecility of those in
power, and substituting an abler ministry, or one that they considered abler, in their
room
;
looking on such occasions rather to the object of
each motion than to the question sitions,
itself.
which, however short they
may be
And
in support of these po-
of theoretical perfection, do
— 19
and
in so far as
good
consists in
tiie
e.vtirpation of
abuse, for the opposing and keeping out every thing that
good,
is
ever
is
— hence
good
it
was
to the
opposing of whatso-
in honest eyes, that his powers, such as
they were, were bent and pushed with peculiar energy.
One
thing only he recognised as being
malum
in se,
as a thing being to be opposed at any rate, and at any price,
even on any such extraordinary supposition as
that of
its
being brought forward by the party with
which, at the time being,
was
it
his lot to side.
This
was, parliamentary reform.
In the course of his forty years labour in the service of the people, one thing he did that vvas
one thing is
set
that side:
not perhaps very widely
of things, he used all
differ (says
Mr. Malone) from the actual
to observe that, if
state
any one would carefully examine
the questions which have been agitated in Parliament from the time
of the Revolution, he would be surprised to find ed out in which an honest
on
:
account of his panegyrist
to wit, that in the
down on
good
either side, however,
man might
\io-w few
could be point-
not conscientiously have voted
by the force of rhetorical aggravation and the may have been represented to be of such
fervour of the times, they
high importance, that the very existence of the
state
depended on the
result of the deliberation.
" Some questions, indeed, h^acknowledged to be of a
vital nature,
of
such magnitude, and so intimately connected with the safety and welfare of the
One
whole community, that no inducement or friendly dispo-
any party ought
sition to
to
have the smallest weight in the decision.
of these in his opinion was the proposition for a parliamentary
re-
form, or in other words for the new modelling the constitution of parliament
;
a measure which he considered of such
dangerous a tendency, that he once said
would sooner
suffer his right
hand
to a friend
moment, and of so
now
living, that
to be cut off than vote for it."
C 2
he
—— 20
One
use of government (in eyes such as his the
principal use)
is
to enable
employ public money
in
men who have
payment for
shares in
it
private service
to
:
Within the view of Gerard Hamilton there lived a
man whose
and turn of mind
talents
him
qualified
for
appearing with peculiar success in the character of an
amusing companion
in every
good house. In
this
cha-
racter he for a length of time appeared in the house of
Gerard Hamilton
:
finding
him an Irishman, Hamil-
ton got an Irish pension of 300/. a year created for
him, and sent him back to Ireland Dublin, and constituting
in virtue
:
the
man
being in
of his office a part
of the lord lieutenant's family, he appeared in the same character and with equal success in the house of the lord lieutenant.
*
" Yet, such was the warmth of his friend's feehngs, and with such
constant pleasure did he reflect on the
many happy
days which they
had spent together, that he not only in the first place obtained for him a permanent provision on the establishment of Ireland *, but in addition to this proof of his regard and esteem, he never ceased, without
any kind of solicitude
;
solicitation, to
watch over his interest with the most
lord lieutenant, if he were acquainted with
the case, contriving by
some
re-appointment to the
office originally
shend
:
lively
constantly applying in person on his behalf to every
circuitous
and by these means
chiefly
means
him
;
or
if
to procure
conferred on
new
that were not
Mr. Jephson's
him by Lord Town-
he was continued
for a long series
of years under twelve successive governors of Ireland in the same station,
which had always before been considered a temporary
office."
Pari. Loff.44.
—
" A pension of 300/. a year, which the of Rutland during his government, from personal regard and a high admiration of Mr. Jephson's talents, increased to GOO/, per annum for the juiut lives of himself and Mrs. Jephson. He survived our authoi * Note hy editor Malone
Duke
:
21
His Grace gave permanence doubled the salary of berality
—
lo the sinecure,
Here was
it.
here was virtue upon virtue.
things that merit that taxes are
is
displayed
imposed
it is
;
exercise for such virtues
;
it
;
It is
li^
by such
for such things
is
for affording matter
it is
and
upon
Hberality
and
for affording rewards
for such merit, that the people of every country, in so far as
To this
any good use a
man
in
is
made of them,
whose eyes public
are made.
appeared
virtue
in
only shape, no wonder that parliamentary reform
should be odious:
—of parliamentary
reform, the efHect
of which, and, in eyes of a different complexion, one
main use would
up the source of
be, the drying
all
such virtues.
Here,
in regard to the
matter of
representations given of the
fact, there are
same subject
:
represen-
tations perfectly concurrent in all points with other, though
two
one an-
from very different quarters, and begin-
ning as well as ending with very different views, and leading to opposite conclusions.
Parliament a sort of gaming-house the two sides of each house the players
of the people, such portion of
may
it
;
;
members on the property
as on any pretence
be found capable of being extracted from them,
the stakes played for.
Insincerity in all
its
shapes,
disingenuousness, lying, hypocrisy, fallacy, the instru-
but a few years, dying at his house at Black Rock, near Dublin, of a paralytic disorder,
May
31, 1803, in his sixty-seventh year."
—That not content with
editing, and, in this way, recommending in the lump these principles of his friend and countryman, Malone takes up particular aphorisms, and applies his mind to the elucidation
Note.
of them.
This
may
be seen exemplified in Aphorisms 243, 249.
merits
employed by the players on both
game
taining advantages in the
sides for ob-
on each occasion,
:
respect of the side on which he ranks himself,
—
in
—what
course will be most for the advantage of the univeisal interest,
— a question never looked
account: on which side vantage in
its
is
never taken into
the prospect of personal ad-
several shapes,
—
really taken into consideration
swer given to
at,
this question in
only question
this the
:
according to the an-
own mind, a man
his
takes the one or the other of the two sides
of those
room
of is
in office,
him
for
if ;
there be
room
the side of those by
but in expectancy,
if
:
the side
or near prospect
whom
office
the future contingent presents
a more encouraging prospect than the immediately present.
To
all
these distinguished persons, to the self-ap-
pointed professor and teacher of political profligacy, to his admiring editor, to their
thizing friend
%
common and sympa-
the bigotry-ridden preacher of hollow
and common-place morality, parliamentary reform we see in an equal degree,
and that an extreme one, an
object of abhorrence.
How
By
be otherwise
it
?
parliamentary reform, the prey, the perpetually re-
nascent prey, the
fruit
and object of the game, would
have been snatched out of in
should
no case more than what
of adequate
service,
—no
their hands. is
pay
sufficient for the security
sinecures,
no pensions,
hiring flatterers and pampering parasites
ing in any shape or for any purpose:
*
Official
Set post 26,
:
for
— no plunder-
—amidst the
cries
23 of
No tlieory
no theory
!
!
the example of
America a
lesson, the practice of America transferred to Britain.
The
notion of the general predominance of self-re-
garding over social interest has been held up as a
weakness incident to the situation of those whose converse has been
more with books than men. Be
look then to those teachers, those
men of
it
much
as with books
right honourable,
who
:
:
practical
wisdom, whose converse has been with men at as
so
least
look in particular to this
house of
in the
commons had
doubled the twenty years lucubration necessary for law,
who had
in that office
what says he
served almost six apprenticeships,
had served out
complete clerkships:
Self-regarding interest predominant
?
over social interest
Self regard predominant
?
but self-regard sole occupant
howsoever talked
:
never so
of,
Of
the self-written
how much was
much
day
how
not unobvious: Dodington was theory.
all
teach with
Nor
is
the veil of
his practice.
:
as thought of;
indifference.
of Gerard Hamil-
!
little
all
The reason
!
is
anecdote; Hamil-
What Hamilton
Malone and Johnson
Dodington was seen
no
Memoirs of Bubb Dodington
said in their
Parliamentary Logic,
ton was
?
the universal interest,
and wrong, objects of avowed
right
ton's
five
who
endeavoured to
for his
bag-bearers,
to practise.
decorum cast
off
any where from
In Hamilton's book for the
has profligacy been seen stark naked.
first
time
In the reign
of Charles the Second, Sir Charles Sedley and others
were indicted for exposing themselves
in a
balcony in
;
:
24 In Gerard Hamilton
a state of perfect nudity.
may
be seen the Sir Charles Sedley of political morality. Sedley might have stood in his balcony frozen,
and nobody the
better,
but Hamilton's self-exposure
Of
till
he was
nobody much the worse
is
most
parliamentary reform were a
instructive.
man
to say that
it
good because Gerard Hamilton was averse to it, he would fall into the use of one of those fallacies against
is
the influence of which
it is
one of the objects of the
ensuing work to raise a barrier
This however may be viz.
that
said,
and said without
fallacy,
the influence exercised by such men,
it is
the use to which such their influence
is
and
put by them,
that constitutes no small part of the political disease,
which has produced the demand for parliamentary reform in the character of a remedy.
To
such
men
it
is
as natural
and necessary that
parliamentary reform should be odious, as that Botany
Bay
or the Hulks should be odious to thieves and
robbers.
Above
all
other species of business, the one which
Gerard Hamilton was most apprehensive of
his pupils
not being sufficiently constant in the practice of, is Under the name of action, thrice misrepresentation.
was gesticulation spoken of as the first accomplishment of his profession by the Athenian orator ;
By Gerard Hamilton, 553
in
number,
in
in a collection of aphorisms,
about 40 vice
without disguise; twelve times i.
c.
is
is
recommended
misrepresentation,
premeditated falsehood with or without a mask,
25
recommended sented itself to
in the several forms of
him
as susceptible
false addition three times, in the
tution twice,
He
was
meant not
and
in the
which
way of
it
pre-
way of
the
viz. in
:
false substi-
way of omission seven
times.
fearful of deceiving the only persons to deceive (viz. the pupils to
whom
he
he was
teaching the art of deceiving others), had he fallen into
any such omission, as that of omitting
in the
teaching of this lesson any instruction or example that
might contribute to render them perfect
Of
titled to the
appellation of a good cause,
racteristic property that it
is
by the appellation of a bad cause,
of
it.
property that
this kind.
Not
it
is
en-
the cha-
—of
justly designated
it is
the character-
does stand in need of assistance
merely indifference as between good
and bad, but predilection the cast of
it is
does not stand in need,
a bad cause, of every cause that
istic
in
a good cause as such, of every cause that
what
for
is
bad
is
therefore
mind betrayed or rather displayed by GeFor the praise of intelligence and
rard Hamilton. active talent, that
is,
much
for so
the difference between
what
is
to
of
it
as constitutes
be earned by the
advocation of good causes only, and that which
is
to
be earned by the advocation of bad causes likewise,
— of bad causes
in preference to
species and degree of praise
it is,
good ones, that
—
for this
Gerard Hamil-
ton was content to forgo the merit of probity, of sincerity as
a branch of probity, and take to himself the
substance as well as the shape and colour of the opposite vice.
—
This
the work which, having been fairly written
is
out by the author
the editor, presumed
% and thence by
have been intended for the press, had been " shown
to
by him which
Dr. Johnson." This
to his friend
same Dr. Johnson,
this
is
the editor
if
work
the is
to
be
beheved, " considered a very curious and masterly
performance."
'
This
the
is
work
in
which that pom-
Extract from the preface to Hamilton's work
" But
:
we have the fruit and who was by no means unconversant
in the treatise on Parliamentary Logic
result of the experience of one,
with law, and had himself sat in Parliament for more than forty years;
who
in the
commencement of
his political career burst forth like
a
meteor, and for a while obscured his contemporaries by the splendour
of his eloquence tic
;
who was a most
curious observer of the characteris-
merits and defects of the distinguished speakers of his time
who, though
after his first effort
devoted almost
all his leisure
he seldom engaged
:
and
in public debate,
and thoughts, during the long period
above mentioned, to the examination and discussion of all the principal questions agitated in Parliament,
and of the several
topics
and
modes of reasoning by which they were either supported or opposed. " Hence the rules and precepts here accumulated, which are equally adapted to the use of the pleader and orator or general *,
is
delivered
artful turns of debate are noticed
and precision.
The work,
:
nothing vague, or loose,
and the most minute
;
particularities
and
with admirable acuteness, subtilty
therefore,
is
filled
with practical axioms,
and parliamentary and forensic wisdom, and cannot but be of perpetual use to all those persons
who may have
occasion to use their dis-
cursive talents within or without the doors of the
House of Commons,
in conversation at the Bar, or in Parliament.
" This Tract was fairly written out by the author, and therefore may
be presumed
shown
it
to
have been intended by him
to his friend
for the press.
Dr. Johnson, who considered
it
and masterly performance." * For "nothing," read " the greatest pari,"
He had
a very curious
.1.
B.
— ii7
pous preacher of melancholy moralities saw, if the editor is to be believed, nothing to " object to," but " the too great conciseness and refinement of some parts of
it,"
and the occasion
it
gave to "
a.
wish that
some of the precepts had been more opened and expanded."
So
far as
concerns sincerity and candour in debate,
the two friends indeed, even to judge of
them from
the evidence transmitted to us by their respective pa-
seem
negyrists,
same nosegay
:
to have been worthy to smell at the and an " expansion and enlargement,"
composed by the hand that suggested
it, would beyond doubt have been a " very curious and masterly," as
well as amusing addition to this
"very curious and
masterly performance."
Two is
to
months before
his death,
when,
if
he himself
be believed, ambition had in such a degree been
extinguished in
him by age and
infirmities, that after
near forty years of experience a seat in Parliament
was become an object of indifference years after he had been visited by a
he was visited by a of that
was
fit
fit
fit
to
him %
—
four
of the palsy*',
of virtue, and in the paroxysm
hazarded an experiment, the object of which
to try whether, in
a then approaching parliament,
a seat might not be obtained without a complete sacrifice
The experiment was not From some lord, whose name decorum
of independence.
successful.
has suppressed, he was, as his letter to his lordship
*
page 26.
''
page 14.
2JV
"on
testified,
the point of receiving" a seat; and the
object of this letter was to learn whether, along with the seat, " the power of thinking for himself " might
be included
in the grant
;
the question being accom-
panied with a request that, in case of the negative,
some other nominee might be ship's
the object of his lord-
" confidence."
The
request was inadmissible, and the confidence
found some other object.
and the
men
the hope of substituting
It is in
will
to puppets,
of the people to the will of noble lords,
puppets themselves to ministers or secret advisers, that parliamentary reform has of late
more an
object of general desire
:
become once
but parliamentary
reform was that sort of thing which "he would sooner," he said, " suffer his hand to be cut off than vote for * :"
whether this
it
was before or
experiment that
after the
magnanimity was displayed, the editor has not
informed
The
us.
present which the world received in the publi-
cation of this work
may on several accounts be justly The only cause of regret is,
termed a valuable one.
that the editor should, by the unqualified approbation
and admiration bestowed upon ciples of the
True
how
work as
it is,
mischief
shall serve as
it
were
it,
his
have made the prin-
own.
that where instruction
may
is
be done or aimed
given, at,
showing
whether
it
a precept or a prohibition, depends in
*
page xxxvii.
:
;
:
29 the upshot, upon the person on
whom
it
operates with
effect
Many
a dehortation that not only has the effect of
an exhortation, but was designed
have that
to
effect
how to administer poisons with sucmay on the other hand have the effect of enabling a person who takes them up with an opposite view, to Instructions
cess,
more
secure himself the
of poisons
effectually against the attack
;
But by the manner
which he writes, by the ac-
in
cessory ideas presented by the words in which the in-
conveyed, there can seldom be
struction
is
ficulty in
comprehending
tions
in the delivery
much
dif-
of his instruc-
whether the writer wishes that the suggestions
conveyed by them should be embraced or rejected If occasionally there can be
for doubt in this
any rate no room can there be
respect, at
the case of Gerard Hamilton. in the case of his editor
cipulus puer
mo
room
es,
As
:
The
it
be.
The means
any
Hue
—how
to gain
in
dis-
ades, hcEC ani-
object or end in view
on occasion of a debate in Parliament, legislative assembly,
for
can there be
and panegyrist: Qui mihi
cupis atque doceri^
concipe dicta tuo
little
—
in
is,
a supreme
your point, whatever
indicated as conducive to that end
are sometimes fair ones, sometimes foul ones
;
and be
they fair or foul, they are throughout delivered with the
same tone of seriousness and composure.
Come I will
unto
me
ye who have a point to gain, and
all
show you how
:
liamentary reform, to
bad or good, so as
me
it is
it
be not par-
matter of indifference.
30
Here
then, whatever be the influence of autliority,
authority in general, and that of the writer in particular,
it is
in the
cerity to be
and
which
in
propagation of insincerity (of insin-
employed
in the service it is
most
fit
finds its richest reward,) that through-
it
out the whole course of this work, and under the
of Gerard Hamilton, not to speak panegyrist, such authority exerts
To
for,
name and
of his editor
itself.
secure their children from falling into the vice
of drunkenness,
it
was the policy we are
told of Spar-
tan fathers to exhibit their slaves in a state of inebriation, that the
contempt might be
stands exposed
when
felt to
which a
man
the intellectual part of his frame
has been thrown into the disordered state to which
An
it
is
apt by this means to be reduced.
if
he has any regard for the morals of his son, and in
English father,
particular for that vital part in which sincerity
is
con-
cerned, will perhaps no where else find so instructive
an example as Gerard Hamilton has rendered himself
by
this
book
:
may
in that mirror
state of corruption the
be seen to what a
moral part of man's frame
capable of being reduced
;
to
what a
is
state of degra-
dation, in the present state of parliamentary morality,
a
man
is
capable of sinking even when sober, and
without any help from wine rate zeal
he
may
;
and with what delibe-
himself exert his powers in the en-
deavour to propagate the infection
in other
minds.
PART THE
FIRST.
FALLACIES OF AUTHORITY, The
subject
and the
of which
is
Authority in various shapes,
object, to repress all exercise
of the reason-
ing faculty.
With
reference
to
any measures having for their
object the greatest happiness of the greatest number,
the course pursued by the adversaries of such measures
has
commonly
been, in the
first
instance, to endeavour
to repress altogether the exercise of the reasoning faculty,
by adducing authority
clusive
in various
shapes as con-
upon the subject of the measure proposed.
But before any
clear view^ can be given of the de-
ception liable to be produced by the abuse of the species of
to
argument here
in question^ it will
be necessary
bring to view the distinction between the proper
and the improper use of
it.
In the ensuing analysis of Authority, one distinction
ought to be borne
in
mind
;
—
it is
the distinction be-
tween what may be termed a question of quidfaciendum
;
opinio?!,
or
and what may be termed a question
oifact, or quidfactum.
Since
it
will frequently
hap-
pen, that whilst the authority of a person in respect to a question of fact is entitled to it is
more
or less regard,
not so entitled in respect of a question of opinion.
FALLACIES OF AUTHORITY.
32
CHAPTER Sect.
1.
Sect. 2. I.
[Ch.
1.
I.
Analysis of AutJiority, Appeal to Authority, in zvhat casesJhllacious.
What
on any given occasion
is
the legitimate
weight or influence of authority regard being had to the different circumstances in which a person, the
supposed declaration of whose opinion constitutes the authority in question,
was placed
delivery of such declaration
Upon
1st.
at the time of the
?
the degree of relative and adequate in-
telUgence on the part of the person whose opinion or
supposed opinion constitutes the authority in question,
—say
of the persona cujus, 2dly,
relative
3dly,
Upon
the degree of
probity on the part of that same person,
Upon
the nearness or remoteness of the relation
between the immediate subject of such the question in hand, 4thly,
Upon
and
his opinion
the fidelity of the
medium, through which such supposed opinion has been transmitted (including correctness and completeness),
—upon such circumstances,
the legitimately per-
suasive force of the authority thus constituted, seems to
depend
:
such are the sources in which any
ciency in respect of such persuasive force
looked
is
defi-
to be
for.
Deficiency of attention,
i.
e.
intensity
and steadi-
ness of attention with reference to the influencing
cumstances on which the opinion rect, required
to be
grounded
;
in
cir-
order to be cor-
deficiency in respect
—
;
FALLACIES OP AUTHOR ITY.
Sect, 1.]
33
of opportunity or matter of information, with reference to the individual question in
hand
;
distance in point
of time from the scene of the proposed measure distance in point of place;
— such again are the sources
in which, the situation of the person in question being
given,
any deficiency
quate intelligence
in respect
is, it
It is in the character
lative
of relative and ade-
seems, to be looked
for.
of a cause of deficiency in re-
and adequate information, that distance in point
of time operates as a cause of deficiency in respect of relative
and adequate
intelligence,
and so
in regard to
distance in point of place.
As this
any deficiency referable to
to relative probity,
head
persona
be occasioned by the exposure of the
will
cujiis to the action
of sinister interest
cerning which see Part 5, Chapter
2.
:
con-
Causes of the
utterance of these fallacies.
The most
ordinary and conspicuous deficiency in
the article of relative probity,
is
that of sincerity: the
improbity consisting in the opposition or discrepancy
between the opinion expressed and the opinion really entertained.
But itself,
as not only declaration of opinion, but opinion is
exposed to the action of
so far as this in
two ways
is ;
sinister interest,
the case, the deficiency
is
in
occasioned
by the action of the sinister interest
either the relevant
means and materials are kept out of
the mind, or,
be not found practicable, the atten-
tion is kept
if this
from
fixing
upon them with the degree of
D
lALLACIES OP AUTIIORITV.
34
[Ch.
1.
intensity proportioned to their legitimately persuasive force.
As
to the
mass of information received by any per-
son in relation to a given subject, the correctness and
completeness of such information, and thence the probability of correctness
grounded on
it,
will
on the part of the opinion
be in the joint ratio of the
suffi-
ciency of the means of collecting such information, and the strength of the motives by which he was urged to
the
employment of those means.
On
both these accounts taken together, at the top
of the scale of trustworthiness stands that mass of authority which
is
constituted by what
scientific or professional opinion
:
that
may be termed is,
opinion en-
tertained in relation to the subject in question by a
person who, by special means and motives attached to a particular situation in
life,
may
with reason be
considered as possessed of such mea?is of ensuring the correctness of his opinion as cannot reasonably be ex-
pected to have place on the part of a person not so circumstanced.
As
to the special motives in question,
every case be found to consist of good or for instance, or loss,
they will in evil
:
profit
presenting themselves as even-
tually likely to befall the person in question
;
profit
or other good in case of the correctness of his opi-
nion
;
loss or other evil in the event of its incorrect-
ness.
In proportion to the force with which a man's
will
— FALLACIES OF AUrilORITY.
Sect. 1.]
S5
operated upon by the motives in question,
is
degree of attention employed
in
is
the
looking out for the
nieans of information, and the use
made of them
in
the way of reflection towards the formation of his
opinion.
Thus
in the case
of every occupation which a
man
engages in with a view to profit, the hope of gaining his livelihood,
and the fear of not gaining
motives by which he
is
urged to apply
are the
it,
his attention to
the collection of whatsoever information
may
contri-
bute to the correctness of the several opinions which
he
may have
occasion to form, respecting the most
advantageous method of carrying on the several operations, 1.
by which such
The
profit
may be
obtained.
legitimately persuasive force of professional
authority, being taken as the highest term in the scale,
the following
may be
other species of authority, occupying so degrees in the same scale 2.
many
inferior
The
greater
:
Authority derived from pozver.
the quantity of
many
noticed as expressive of so
power a man
has,
no matter
in
shape, the nearer the authority of his opinion
what
comes
to professional authority, in respect of the facility of
obtaining the means conducive to correctness of decision. 3.
Authority derived from
able extent, applicable in a direct
most of the purposes
to
2
to a consider-
way
which power
D
Opulence
opulence.
—being an instrument of power, and,
is
to
many
applicable,
or
FALLAC[FS OF AUTHORITY.
36
power
seems to stand next
after
ments of
above,
facility as
among
tion,
I.
of instru-
in the scale
Authority derived from reputation, considered
4.
as
[C/l.
By
the efficient causes of respect.
reputa-
understand, on this occasion, general reputation,
not special and relative reputation, which would rank the species of authority under the head of professional
authority as above.
Note, that of is
all
these four species of authority
only in the case of the
vantage, which
is
first
it
that the presumable ad-
the efficient cause of
legitimately
its
persuasive force, extends to the article of motives as well as means.
By having
the motives that tend to
correctness of information, the professional
the means likewise tives
since
mo-
to the force of the
it is
has
under the stimulus of which he acts that he
indebted for his
;
man
whatever means he acquires.
having the motives that
it
It is
is
from
follows that he has the
means.
But
in those other cases,
whatsoever be the means
which a man's situation places within follows not that he has the motives,
—
that he
tually under the impulse of any motive
the
full
action
of that desire and
which alone he can be
in
his reach, is
it
ac-
sufficient to
that energy
an adequate degree put
by in
possession of the means.
On
the contrary, in proportion as in the scale of
power the man level, in that
in question rises
same proportion,
in
above the ordinary respect of motives
lALLAClKS OF AUTHORITY.
Sect. ].]
for exertion (be the line of action wliat
apt to sink
below the same
level
:
it
37 may), he
is
because the greater
the quantum of the share of the general mass of ob-
man
jects of desire that a
the greater
which
is
is
the
already in possession
of,
that portion of his desires
already in a state of saturation, and conse-
quently the less the
amount of
maining unsatiated,
mind
is
amount of
Under
to operate
upon
his
of a motive.
in the character
Oriental despotism,
command
that portion which, re-
left free
is
the
person at whose
the means of information exist in a larger
proportion than they do in the instance of any other
person whatever,
the despot
is
being wanting, no use
and the general imbecility
Such
is
result
;
but necessary motives
made by him of these means,
is
a state of almost infantine
and ignorance.
in kind, varying only in degree, is the case
with every hand in which power
bered with obligation
;
is
lodged, unincum-
or, in other
words, with sense
of eventual danger. In England the king, the peer, the opulent borough-
holding or county-holding country gentleman, should,
on the above
principle, present
an instance of the sort
of double scale in question, in which, while means decrease, motives rise.
But so long as he takes any part affairs,
the sense of that
sibility to
at all in public
weak kind of eventual respon-
which, notwithstanding the prevailing habits
of idolatry, the monarch, as such, stands at
all
times
exposed, suffices to keep his intellectual faculties at a
>^ \^
1 ^
5H
r^ \j \f ^i^
;
FALLACIES OF AUTHORITY.
38
[Ch.
1.
point more or less above the point of utter ignorance
whereas, short of provable idiotism, there
is
no degree
of imbecility that in either of those two other situations can suffice to render
matter of danger or
it
in-
convenience to the possessor, either to leave altogether unexercised the power annexed to such situation,
or,
without the smallest regard for the public
welfare, to exercise
it
in
whatever manner
most agreeable or convenient All this while,
it is
may be
to himself.
only on the supposition of per-
fect relative probity, viz. of that
branch of probity that
consists of sincerity, as well as absence of all such
sources of delusion as to the person in question are liable to it is
produce the effects of insincerity,
—
in
a word,
only on the supposition of the absence of exposure
to the action of
any
sinister interest, operating in
such
direction as to tend to produce either erroneous opi-
nion or misrepresentation of a man's opinion on the subject in question, that, in so far as
it
depends on the
formation necessary to correctness of opinion, the
in-
title
of a man's authority to regard bears any proportion either to motives or to
On the
the contrary,
medium of
means of information as above.
if either
immediately, or through
the will, a man's understanding be ex-
posed to the dominion of
sinister interest, the
more
complete as well as correct the mass of relative formation
is
in-
which he possesses, the more completely
destitute of all title to regard, i.e. to confidence, unless
it
be in the opposite direction,
or pretended or real opinion, be.
will the authority,
Sect. 1.]
Hence
FALLACIES OF AUTHORITY.
39
What is
the system
that
it is
on the question,
of remuneration best adapted to the purpose of obtaining the highest degree of official aptitude through-
out the whole
field
of
official service
of any person who here or elsewhere,
was
in possession or expectation of
as that of minister of state, so far
than that of an average man,
is
?
—
now
e.
so far as
it affiards
or formerly,
any such
situation
from being greater
not equal to 0, but in
the mathematical sense negative, or so i.
the authority
muchbelow
:
a reason for looking upon the
opposite opinion as the right and true one.
So again as
to this question
—What,
in so far as
concerns cognoscibility, or economy and expedition
law ought to bo
in procedure, the state of the
instance of any person
or formerly, but
more
who
?
—
in the
here or elsewhere, recently
particularly in this country,
in possession or expectation of
any
was
situation, profes-
sional or official, the profitableness of which, in the
shape of pecuniary emolument, or in any other shape (such as power,
reputation, ease, and occasionally
vengeance), depended upon the incognoscibility, the expensiveness, the dilatoriness, the vexatiousness of the system of judicial procedure, authority,
— —
the strength of
— the weight
of the
to credit
on the
its title
part of those understandings to which the force of is
applied,
is
it
not merely equal to 0, but in the mathe-
matical sense negative, or so
much below
0.
Note, that where, as above, the weight or probative force of the authority in question
is
spoken of as being
not positive but negative (being rendered so by sinister
FALLACIES OF AUTHORETV.
40 interest),
what
is
taken for granted
tion in
which the authority
that in
which the
rection in
offered
is
which the
way, the direction
to credit it is
is
;
same
tlie
is
for
in
one
which the opinion acts title
as
the di-
if,
sinister interest acts l^'ing
the other way, in such case the
1.
that the direc-
is,
sinister interest acts
[C/i.
lies
of the opinion
on the part of the understandings
to
which
proposed, so far from being destroyed or weakened,
much increased,
because the grounds for correctness
of opinion, the motives and the means which in that case lead to correctness being more completely within the reach of, and according to probability present to, the
minds of
this class
of men, the forces that tend to
promote aberration having by
this supposition
themselves in vain, the chance for correctness
is
spent there-
by greater.
Accordant with
and surely enough accordant
this,
with experience and
common
sense,
is
one of the few
rational rules that as yet have received admittance
among
the technically established rules of evidence.
In a man's own favour
—
his
own testimony is
the weakest,
in his disfavour, the strongest, evidence. It
is
on
this
account
that,
wherever a
superior degree furnished as above with
and motives
for,
man
is
means
in
a
of,
obtaining relevant information, the
stronger the force of the sinister interest under the action of which his opinion is
his title to attention.
is
delivered, the stronger
In the way of direct and
relevant argument applying to the question in hand in a direct
and
specific
way,
if
the question be suscep-
SecL tible
FALLACIES OF AUIHOKITY.
1.]
41
of any such arguments, in proportion to the
effi-
ciency of the motives and means he has for the acquisition
of such relevant information
is
the probability
of his bringing such information to view.
then,
If,
instead of bringing to view any such relevant information,
way of supplement and support to such information (when weak and insufficient), the
or by
relevant
arguments which he brings to view are of the irrelevant sort, the addition
of such bad arguments aftbrds a sort
of circumstantial evidence, and that of no
mean
de-
gree of probative force, of the inability of the side thus
advocated to furnish any good ones. Closeness of the relation
between the immediate
subject in hand and the subject of the supposed opi-
nion of which the authority
is
composed, has been
mentioned as the third circumstance necessary to be considered in estimating the credit due to authority
—of
this,
it
common and
is
evident enough, there cannot be any
generally applicable measure. It
sort of quantity of the
to the fourth,
—
in
tion has been, or it is
is
of the medium through in ques-
supposed to have been, transmitted,
only pro memoria that this topic
to view in the
that
each individual case.
fidelity
which the opinion constitutive of the authority
—
is
amount of which a judgment
can only be pronounced
As
:
list
is
here brought
of the circumstances from which
the legitimately persuasive force of an opinion constitutive
of
its
of authority
admission into
is liable
to experience decrease
this list
the propriety
is;
:
on the
FALLACIES OF AUTHOIUTV.
42
bare mention, as manifest as soning to
make
In
it.
it is
\Ch.
power of
in the
this respect the rule
1.
rea-
and mea-
sure as well as cause of such decrease stand exactly
on the same ground as the rule with respect to any other evidence
authority being to the purpose in
;
question neither
more nor
cumstantial evidence.
The need authority,
i.
less
than an article of
»
persuasive force of
for the legitimately e.
cir-
probability of comparatively superior
information on the one hand,
the inverse ratio of
is in
information on the part of the person on
designed to operate, on the other. gree in which each
man
The
qualified to
is
whom
it
is,
less the de-
form a judg-
ment on any subject on
the ground of specific and re-
—on
the ground of direct evidence,
levant information,
—
the
more cogent
the necessity he
is
under of trusting,
with a degree of confidence more or less implicit, to that species of circumstantial evidence
portion to the
number of
:
the persons
and
who
in pro-
possess,
each within himself, the means of forming an opinion on any given subject on the ground of such direct evidence, the greater the
sons to
whom
it
ouglit to
number of the
per-
be matter of shame to
frame and pronounce their respective decision, on no better ground than that of such inconclusive
and ne-
cessarily fallacious evidence.
Of the
truth of this observation,
men
belonging to
the several classes, whose situation in the
community
has given to them in conjunction, with efficient power.
FALLACIES OF AUTHOIUTY.
Sect. 1.]
43
a separate and sinister interest opposite to that of the
community
in general,
have seldom failed to be
in
a
sufficient degree percipient.
In
this perception, in the instance
may be
of lawyers,
of the fraternity
seen one cause, though not the
only one, of the anxiety betrayed, and pains taken, to
keep the rule of action
in a state of as
cognoscibility as possible
conduct
fate is in fact disposed of
In
by
clergy of old times in the
it,
and whose
it.
same perception,
this
in-
on the part of those whose
professed to be directed by
is
complete
in
the instance of the
Romish church, may be
seen in like manner the cause, or at least one cause,
of the pains taken to keep in the same state of incognoscibility the
acknowledged
rule of action in matters
of sacred and supernatural law.
In
same perception,
this
church,
—
in this
same perception,
cause of the exertions
EnRomish
in the instance of the
glish clergy of times posterior to those of the
made by
— may be
seen one
so large a proportion
of the governing classes of that hierarchy to keep back
and
if
possible render abortive the system of invention,
which has
for its object the giving to the exercise of
the art of reading the highest degree of universality possible.
To
return.
Be
the subject matter
what
it
may, to
the account of fallacies cannot be placed any mention
made of an
opinion to such or such an
effect, as
having
been delivered or intimated by such or such a person
by name, when the sole object of the reference
is
to
FALLACIES OF AUTHOlilTY.
44
{Ch.
1.
point out a place where relevant arguments adduced
on a given occasion may be found
in
a more complete
or perspicuous state than they are on the occasion on
which they are adduced. In the case thus supposed there
The arguments relevant ones
;
referred
such
as,
to are, if
is
no irrelevancy.
by the supposition,
the person by
whom
they
have been presented to view were altogether unknown,
would not lose any thing of is
their weight
:
the opinion
not presented as constitutive of authority, as carry-
ing any weight of
itself,
and independently of the con-
siderations which he has brought to view.
Neither
is
there any fallacy in
making reference
to
the opinion of this or that professional person, in a
case to such a degree professional or scientific, with relation to the hearers or readers, that the forming a
correct
judgment on such relevant and
ments as belong
to
it, is
beyond
their
specific argu-
competence. In
matters touching medical science, chemistry, astro-
nomy, the mechanical
arts, the
various branches of
the art of war, &c., no other course could be pursued.
Sect. Q.
The
Appeal to authority,
in
what
casesfallacious^.
case in which reference to authority
the imputation of fallacy,
is
is
open
to
where, in the course of a
debate touching a subject lying in such sort within
*
"
An
unquestionable
maxim
" (it is said) is this
:
— " Reason and
notauthoritysliould determine the judgement:" said? and by
whom?
even by a bishop ; and by what bishop ? even Bishop Warburton
:
and
— FALLACIES OF AUTHORITY.
Sect. 2.]
the comprehension of the debaters,
bearing the closest relation to
it
45 argument
that
would be perfectly
within the sphere of their comprehension,
argument
(a sort of relevant)
is
the case here in question not
in
employed
authority
in
the place of such relevant
arguments as might have been adduced on one
side,
opposition to irrelevant ones, adduced on the
or, in
other side.
But the case
which the practice of adducing au-
in
thority in the character of an
argument
is
in the highest
degree exposed to the itnputation of fallacy,
is,
where
the situation of the debaters being such that the forming a correct conception
of,
and judgment on, such
relevant arguments as the subject admits
is
not beyond
competency, the opinion, real or supposed, of any
their
person who, from his profession or other particular situation, derives
public,
is
an interest opposite to that of the
adduced
in the character
of an argument,
in
of such relevant arguments as the question ought
lieu
to furnish.
(In an appendix to this chapter will be
given examples of persons whose declared opinions,
on a question of
legislation, are in
liable to be tinged with falsity
a peculiar degree
by the action of
sinister
interest.)
He
who, on a question concerning the propriety of
any law or established practice with reference
to the
time being, refers to authority as decisive of the questhis
not in one work only, but in two.
Div. Legat, effect
;
2,
302
;
and
in his
The above words
AUiance, &c.
is
are from his
a passage to the same
here then we have authority aeainst authority.
— ;
FALLACIES OF AUTHORITY.
46 tion,
tions
[C/t. 1.
assumes the truth of one or other of two posi:
that the principle of utility,
viz.
greatest happiness of the greatest
e.
i.
number,
is
that the
not at the
time in question the proper standard for judging of the merits of the question, or that the practice of other
and former times, or the opinion of other persons, ought to be regarded in
cases as conclusive evi-
all
dence of the nature and tendency of the practice
:
conclusive evidence, superseding the necessity and propriety of any recourse to reason or present experience.
In the
first
enemy
case, being really an
to the
munity, that he should be esteemed as such by
whom regard,
the happiness of the is
community
is
comall to
an object of
no more than right and reasonable, no more
than what,
if
men
acted consistently, would uniformly
take place.
In the other case, what he does,
knowledge himself not
to possess
is,
virtually to ac-
any powers of rea-
soning which he himself can venture to think to trust to
:
it
safe
incapable of forming for himself any
judgment by which he looks upon
it
as safe to be
determined, he betakes himself for safety to some other man, or set of men, of
whom
nothing, except that they lived so
he knows
many
own time
;
or
years ago
that the period of their existence was by so terior to his
little
much
an-
by so much anterior, and
consequently possessing for
its
guidance so
much
the
less experience.
But when a man gives
this
account of himself,-^
;
FALLACIES OF AUTHORITV.
Sect. 2.]
when he this
represents his
own mind
kind and degree of imbecility,
4/^
as labouring
under
—what can be more
reasonable than that he should be taken at his word
?
that he should be considered as a person labouring
under a general and incurable imbecility, from nothing relevant can reasonably be expected
He
who,
of reasoning, deduced
in place
whom
?
(if
the sub-
ject be of a practical nature) from the consideration
of the end in view, employs authority, makes no secret of the opinion
readers
he entertains of his hearers or his
he assumes that those to
:
whom
he addresses
himself are incapable, each of them, of forming a
judgment of
may
it
own.
If they submit to this insult,
not be presumed that they acknowledge the
justice of
Of
their
it ?
imbecility, at
avowed
any rate of self-conscious and
self-
ought na-
imbecility, proportionable humility
turally to be the result
On
the contrary, so far from humility,
cies of idolatry,
bones,
—
all
— of
this
the passions the
pride, anger, obstinacy,
—of
this spe-
worshipping of dead men's
most opposite
to humility,
and overbearingness,
—
are
the frequent, not to say the constant accompaniments.
With
the utmost strength of
played in the
field
ever manifests so
mind
of reasoning, no reasonable
much
heat,
title
man
assumes so much, or
exhibits himself disposed to bear so
men, whose
that can be dis-
little,
to regard and notice
is
as these
thus given
up by themselves.
Whence
this inconsistency?
Whence
this violence?
FALLACIES OF AUTIIOIltTY.
48
From
[Cll.
1.
having some abuse to defend,
this alone, that
some abuse
in
which they have an
and finding
it
on the ground of present public
and a
interest
profit,
interest
indefensible, they fly for refuge to the only sort of ar-
gument, in which so much as the pretension of being sincere in error can find countenance.
By
authority, support, the strength of which
portioned to the is
number of
is
pro-
the persons joining in
it,
given to systems of opinions, at once absurd and
pernicious
—
to the religion of
Buddh, of Brama, of
Foh, of Mahomet.
And
hence
may
it
is
no| increased by the number of
who may have
professed a given opinion, unless
force of authority
those
be inferred that the probative
indeed
it
could be proved that each individual of the
multitudes
who
professed the opinion,
its
correctness.
possessed in
means and motives
the highest degree the
Even
in
such a case
for ensuring
it
would not
warrant the substitution of the authority for such rect evidence
and arguments as any case
might be able
to supply,
ble of
in
di-
debate
supposing the debaters capa-
comprehending such direct evidence and argu-
ments; but
that, in
ordinary cases, no such circum-
stantial evidence should possess
any such legitimately
probative force as to warrant the addition, the substitution of
it,
much
to that sort of information
belongs to direct evidence,
will,
it
is
less
which
supposed, be
rendered sufficiently apparent by the following considerations 1.
;
If in theory
any
tlie
minutest degree of force
— FALLACIES OF AUTHOlJfTV.
Sect. 2.]
were ascribed
elementary monade of the body
to the
of authority thus composed, and
lowed up
theory were fol-
this
the consequence would be, the
in practice,
utter subversion of the existing state of things for example,
— If distance
in point
:
—
as
of time were not
sufficient to destroy the probative force rity,
4p
of such autho-
the Catholic religion would in England be to be
restored to the exclusive dominion
exercised for so
would be
many
centuries
to be repealed,
it
possessed and
the Toleration laws
:
and persecution to the length
of extirpation would be to be substituted to whatever liberty in
—and
conduct and discourse
in this
is
enjoyed at present;
way, after the abolished religion had
thus been triumphantly restored, an inexorable door
would be shut against every imaginable change
in
it,
and thence against every imaginable reform or improvement 2.
in
it,
through
future ages
:
If distance in point of place were not understood
to have the same
Christian,
the
all
—
effect,
the religion of
way of thinking
China,
some other
in matters
—would have
religion than the
Mahomet
for example, or
of religion, prevalent in
to be substituted
by law to the
Christian religion.
In authority, defence, such as
it is,
has been found
for every imperfection, for every abuse, for every the
most pernicious and most execrable abomination that the most corrupt system of government has ever hus-
banded
And
in its
here
bosom
may be
:
seen the mischief necessarily
£
at-
FALLACIES OF AUTHORITY.
50
[Ch.
1.
tached to the course of him whose footsteps are regulated by the finger of this blind guide.
What duced
more, from hence
is
—nor
may
inferences be de-
those ill-grounded ones
—
respecting the
probity or improbity, the sincerity or insincerity, of
him who, standing
a public situation, blushes not
in
to look to this blind guide, to the exclusion of, or in
preference
to,
reason
—the
begin with shutting his
only guide that does not
own
eyes, for the purpose of
closing the eyes of his followers.
As
the world grows older, if at the
grows wiser, (which
it
will
same time
do unless the period
it
shall
have arrived at which experience, the mother of wis-
dom,
shall
have become barren,) the influence of au-
thority will in each situation,
and particularly
become less and less. Take any part of the field of moral
in Par-
liament,
science, private
morality, constitutional law, private law,
few centuries, and you
will find
—go back a
argument consisting
of reference to authority, not exclusively, but in as large a proportion as possible.
As
experience has
increased, authority has been gradually set aside,
reasoning, to the
drawn from
facts
end in view, true or
Of the enormous mass the school of Justinian,
would employ
—
and guided by reference
false,
of
and
has taken
Roman
—a mass,
its
place.
law heaped up in
the perusal of which
several lives occupied
by nothing
else,
materials of this description constitute by far the
greater part.
A. throws out at random some loose
FALLACIES OF AUTHORITY.
Sect. 2.]
thought
—
:
B., catching
at least,
what A.
by A. and B.
said
mass
;
up, tells
it
said
:
C.
and thus
51
you what A. thinks
you what has been
tells
an avalanche the
like
rolls on.
Happily
it is
only in matters of law and religion
that endeavours are made, by the favour
shown and
currency given to this fallacy, to limit and debilitate the exercise of the right of private inquiry in as great
a degree as possible, though at
this
time of day the
exercise of this essential right can no longer be sup-
pressed in a complete and direct
way by
legal punish-
ment. In mechanics, in astronomy, in mathematics, in the new-born science of chemistry,
—no one has
at this
time of day either effrontery or folly enough to avow, or so
much
as to insinuate, that the
state of these branches of useful
rational
and
most desirable
knowledge, the most
eligible course, is to substitute decision
on the ground of
authority, to decision
on the ground
of direct and specific evidence.
In every branch of physical art and science, the folly
of this substitution or preference
demonstration,
—
is
is
matter of
matter of intuition, and as such
universally acknowledged.
is
In the moral branch of
science, religion not excluded, the folly of the like
receipt for correctness of opinion
would not be
universally recognised, if the wealth, the ease, dignity attached to
less
and the
and supported by the maintenance
of the opposite opinion, did not so steadily resist such recognition.
E 2
FALLACIES OF AUTHORITY.
52
[CIl.
1.
Causes of the employment and prevalence of this fallacy. It is obvious that this fallacy, in all its branches, is
so frequently resorted to by those
who
are interested
support of abuses, or of institutions pernicious
in the
to the great
body of the people, with the intention of
suppressing
all
tenable proposition resting on
mere
A
exercise of reason.
own
its
foolish or un-
support, or the
credit of the utterer, could not fail speedily to
encounter detection and exposure; tion extracted
—
the
same proposi-
from a page of Blackstone, or from the
page or mouth of any other person
and unthinking are
whom
to
the idle
in the habit of unconditionally sur-
rendering their understandings, shall disarm
all
oppo-
sition.
Blind obsequiousness, ignorance, idleness, irresponsibility,
anticonstitutional
dependence, anticonstitu-
which enable
tional independence, are the causes
fallacy to maintain such
an ascendancy
in the
this
govern-
ing assemblies of the British empire. First,
In
this situation
one man
is
on each occasion
ready to borrow an opinion of another, because through ignorance and imbecility he
feels
himself unable, or
through want of solicitude unwilling, to form one for himself; and he
not
fail
cially in so
—
is
thus ignorant,
him, because he
is
so
if
idle.
wide and exten&ive a
natural talent does
Knowledge, espe-
field,
requires study;
study, labour of mind bestowed with more or
energy, for a greater or less length of time.
less
FALLAClIiS or AUTIIOIll'J
Sect. 2.]
53
Y.
But, Secondly, In a situation for which the strongest talents
would not be more than adequate, there
quently a failure of natural talent
;
is fre-
many
because, in so
instances admission to that situation depends either on
the person admitted, or on others to
whom, whether
he has or has not the requisite talents
no degree of
indifference, that
a matter of
is
intellectual deficiency,
short of palpable idiocy, can have the effect of ex-
cluding a
man from occupying it. The sense of responsibility is in
Thirdly,
the instance
of a large proportion of the members wanting altogether
;
because in so small a proportion are they at
any time
whose
in
any degree of dependence on the people
fate is in their hands,
stance of the few
who
and because
in the in-
are in any degree so dependent,
the efficient cause and consequently the feeling of such
dependence endures during so small a proportion of the time for which they enjoy their situations
:
be-
cause also, while so few are dependent on those on
whom
they ought to be dependent, so
many
are de-
pendent on those who ought to be dependent on them,
—
those servants of the crown, on whose conduct they
are commissioned judges.
What
natural talent
those
who
is
are,
by their constituents to act as
share of knowledge, intelligence and in the house, is thus divided
and
vants of the crown.
excepted in
whom
their rivals
who hope
The consequence
is,
between
to be, serthat, those
knowledge, intelligence and talent
are worse than useless, the house the furniture of whose minds
is
is
composed of men
made up of
discordant
FALLACIES OF AUTHORITY.
54
prejudices, of
{Ch.
1.
which on each occasion they follow that
by which the
moment
interest or passion of the
is
most promoted. Then, with regard
have
to responsibility, so happily
matters been managed by the house,
—a
seat there
is
not less clear of obligation than a seat in the opera
house
in both, a
:
man
takes his seat, then only
he cannot find more amusement elsewhere the qualifications are the same,
bought
:
in neither is
man
a
—a
;
ticket
when
for both,
begged or
charged with any ob-
ligation, other
than the negative one of not being a
nuisance to the
company
;
in both, the length as well as
number of attendances depends on
man the
finds, except, in the case
members dependent on ignorant and
weak
:
if
amusement a True
the crown.
that a self-called independent rily
the
of the house, as regards
member
is
not necessa-
by accident a
sessed of knowledge and intelligence
is
it is,
man
pos-
placed in the
house, his seat will not deprive him of his acquire-
ments
:
all
therefore that
is
meant
is,
only, that igno-
rance does not disqualify, not that knowledge does.
Of the crown and this
its
creatures
it is
ignorance be as thick as possible.
the thicker the ignorance, the furniture of men's
the interest that
Why ?
Because
more completely
minds made up of those
is
the
interest-
begotten prejudices, which render them blindly obse-
quious to
all
those
who
with power in their hands
stand up to take the lead.
But the emperor of Morocco sible,
and therefore more
is
not more irrespon-
likely to
be ignorant and
— FALLACIES OF AUTHORITY.
Sect. 2.]
55
prone to be deceived by the fallacy of authority, than
a member of the British Parliament of Morocco's power
member's
:
—
—
:
the emperor
clear of obligation
is
the emperor's power,
it
and the member's but a fraction of
teger,
it
man from becoming
ignorance prevents a
so
;
true, is
is
is
the
an
in-
but no
;
or continu-
ing emperor of Morocco, nor from becoming or con-
member:
tinuing a
from birth
so
;
his despotism,
gon
is
the emperor's
no fraud,
:
is
:
emperor pretends not to be a delegate, representative
member does holder)
lies.
all
the
yes
their
?
not
is
this,
and
so as
:
— the
the ac-
the
;
a borough-
(if
neither
—
a representative
it
title
of
Mac-
any body
else
:
he assumes but for it
;
deputation
the word presents an act with
fact,
circumstances,
is
has not been in
argument, and when he cannot help
all its
among
Mr. Kemble
because
;
:
to depute, to delegate
delegate,
being matter of
is
trustee, agent, deputy,
but for himself
;
yes;
:
despot, the
trust-holder? yes; but a trust-breaker:
—an agent but people? of beth — a deputy yes power — deputy, — ?
the
mem-
by the
tyranny and insolence
his
pretend
—A
;
member
the
;
lying
;
all to
are violated on his
—by being a
not an impostor
companiments of
to enjoy
maintaining his throne,
many
taking and retaining his seat is
—
much of
;
violated by the emperor
a borough-holder,
emperor
derived
is :
insincerity, hypocrisy or jar-
—by ascending and
no principle
title
many a member
necessary to the emperor
member ber, if
—
that of
is
viz.
want of freedom, &c.
;
fewness of the electors, their
representation
is
a more con-
;
56
FALLACIES OF AUTHORITY.
[C/l.].
venient word, the acts, &c. are kept out of sight by
—
it is
it
a mere fiction, the offspring of lawyer-craft, and
any one person or thing may be represented by any other.
ed
;
By canvass
witli
colours, a
by a king, the whole people
man
is
represent-
by an ambassador,
;
the king, and thus the people.
Remedy
against the influence of this fallacy*
For banishing ignorance,
for substituting to
it
a
constantly competent measure of useful, appropriate
and general
instruction, the proper, the necessary, the
only means
lie
The
not deep beneath the surface.
sources of instruction being supposed at com-
mand, and the quantity of natural
talent given, the
quantity of information obtained will in every case be as the quantity of mental labour lection of
it
—
employed
in the col-
the quantity of mental labour, as the
aggregate strength of the motives by which a
man
is
excited to labour.
In the existing order of things, there tively speaking,
labour
is
is,
compara-
no instruction obtained, because no
bestowed,
—no
labour
is
bestowed, because
none of the motives by which men are excited bour are applied
The situation
being by the supposition an object of
desire, if the case
ployed
to la-
in this direction.
were such
that,
in obtaining instruction,
chance of obtaining the
without labour emthere would
situation, or
be no
but an inferior
chance, while in case of labour so employed there
would be a certainty or a superior chance,
—
here, in-
FALLACIES OF AUTHORJTY.
Sect. 2.]
struction
would have
its
motives,
—
to the attainment of instruction,
instruction itself would have
The
its
—
57
here, labour applied
here, consequently,
probably efficient cause.
quality, i.e. the relative applicability
mass of information obtained,
is
of the
an object not to be
overlooked.
The goodness
of the quality will depend on the
By
liberty enjoyed in respect of the choice. bitions, with penalties attached
to the delivery
prohi-
of al-
leged information relative to a subject in question, or
any part of paired,
and
it,
the quality of the whole mass
and an implied
utility
certificate is given
of whatsoever portion
is
is
im-
of the truth
thus endeavoured
to be suppressed.
APPENDIX. E:vamples of descriptions of persons xvhose declared opinions upon a question liable to be
of legislation are peculiarly
tinged with falsity by the action of
sinister interest. 1
.
Lawyers
;
oppositeness
of their interest to
the
universal interest.
The
opinions of lawyers in a question of legislation,
particularly of such lawyers as are or
have been prac-
tising advocates, are peculiarly liable to falsity
by the operation of
interest of the
community
vocate
is
sition
(especially
in
be tinged with
sinister interest.
To
the
at large, that of every ad-
a state of such direct and constant oppoin
civil
matters),
assertion requires an apology to
that the above
redeem
it
from the
FALLACIES OF AUTHORITY.
58
appearance of
trifling
:
[67/. 1.
the apology consists in the ex-
tensively prevailing propensity to overlook
aside from a fact so entitled to notice. It interest that delay, vexation
is
:
—
it is
the advocate's
that they should be as great as possible is
the people's
and expense of procedure
should be as small as possible
in so far as his profit
and turn
viz.
:
proportioned to
it
;
expense
factitious
vexation and delay, in so far as inseparable from the profit-yielding part of the expense. in the law,
known
sible; that all his rights should be
which
to uncertainty
wrong should be as complete as pos-
security against
all acts,
As
the people's interest that each man's
it is
treated as offences,
may
be
to
him; that
doing them will be
in the case of his
known
him
to
as such, to-
gether with their eventual punishment, that he
may
avoid committing them, and that others may, in as few instances as possible, suffer either from the
wrong or
from the expensive and vexatious remedy.
Hence
is
their interest, that as to all these matters the rule of
action, in so far as all
it
it
applies to each
man, should
at
times be not only discoverable, but actually present
to his mind.
Such knowledge, which
interest to possess to the greatest, interest that sible.
yers'
It
is
he possess
it
to the
it is
it is
every man's the lawyer's
narrowest extent pos-
every man's interest to keep out of law-
hands as much as possible
;
it is
the lawyer's in-
terest to get
him
as possible
thence that any written expression of the
:
words necessary
may as long as
in as often,
to
and keep him
in as long,
keep non-lawyers out of his hand
possible be prevented from
coming into
FALLACIES OF AUTHORITY.
Sect. 2.]
existence,
and when
5^
existence as long as possible
in
kept from being present to his mind, and when presented from staying there
It is the lawyer's interest,
*.
therefore, that people should continually suffer for the
non-observance of laws, which, so far from having received efficient promulgation, have never yet found
This
any authoritative expression in words. perfection of oppression
yet,
:
is
the
propose that access to
knowledge of the laws be afforded by means of a code, lawyers, one and
To any
sible.
will join in declaring it
all,
effect, as
forge a rule of law
to that
:
impos-
occasion occurs, a judge will
same
effect, in
any deter-
minate form of words, propose to make a law, that
same judge
will declare it impossible.
on every occasion
interest that
It is the judge's
his declared opinion
be taken for the standard of right and wrong; that whatever he declares right or wrong be universally
how
ceived as such,
be to truth and other times
:
re-
contrary soever such declaration
utility,
— hence,
or to his
own
declaration at
that within the whole field of
law, men's opinions of right and wrong should be as contradictory, unsettled, and thence as obsequious to
him *
as possible
:
in particular, that the
A considerable proportion of
F.ngland
is
in this oral
what
is
and unwritten
has been clothed with words, that
is,
in
same conduct
termed the
The
state.
which
it
Common
law of
cases in which
it
has been framed and
pronounced, are to be found in the various collections of reported decisions.
These decisions, not having the sanction of a law passed by
the legislature, are confirmed or overruled at pleasure by the existing
judges
;
so that, except in matters of the
currence, they afford no rule of action at
most common and all.
daily oc-
;
FALLACIES OF AUTHORITY.
60 which
[C/l. 1.
would occasion shame and punish-
to others
ment, should to him and his occasion honour and
ward
that on condition of telling a
:
power
in his
do what he
to
lie,
it
re-
should be
pleases, the injustice
and
falsehood being regarded with complacency and re-
verence
;
that as often as by falsehood,
money
or ad-
vantage in any other shape can be produced to him, it
should be regarded as proper for him to employ re-
ward or punishment, or both,
for the
procurement of
Consistently with men's abstaining
such falsehood.
from violences, by which the person and property of
him and
his
would be alarmingly endangered,
interest that intellectual as well as
it is
should be as intense and extensive as possible transgressions cognizable by
rous
as
possible
;
That
gressions committed by acts of virtue injuries
to the
;
That
him should be as numeand other
injuries
suffering
placed,
immutable nature of
doer, who, but for
;
trans-
him should be reverenced
That the
should be
his
moral depravation
as
produced by such
not to his account, but things, or to the
wrong-
encouragement from him, would not
have become such.
His professional and personal
terest being thus adverse to that of the public,
in-
from
a lawyer's declaration that the tendency of a proposed
law
relative to procedure, &c.
trary inference
those (i. e.
in
is
pernicious, the con-
may not unreasonably
From own opinion
be drawn.
habits of misrepresenting their
of insincerity), which are almost peculiar to this
comparison with other
classes,
one presumption
is,
that he docs not entertain the opinion thus declared
FALLACIES OF AUTHORITV.
Sect. 2.]
—
another, that
it
by
if
he does, he has been deceived into
sinister interest
fessional
men,
in like
in other words,
51
it is
and the authority of co-pro-
manner deceivers or deceived
In the case of every other body of men,
judice.
:
the result of interest-begotten preit is
generally expected that their conduct and language will
be for the most part directed by their is,
by their own view of it.
own
interest, that
In the case of the lawyer,
the ground of this persuasion, so far from being weaker, is
His evidence being
stronger than in any other case.
thus interested evidence, according to his
own
rules his
declaration of opinion on the subject here pointed out
would not be so much as bearable.
were
It is true,
those rules consistently observed, judicature would be useless,
and society dissolved
:
accordingly they are
not so observed, but observed or broken pretty at pleasure
;
but they are not the less
among
much num-
the
ber of those rules, the excellence and inviolability of
which the lawyer on any
is
But
never tired of trumpeting.
point, such as those
nothing could
in question,
be more unreasonable, nothing more inconsistent with
what has been ing.
On
afford
him
said above, than to refuse
him a hear-
every such point, his habits and experience facilities
finding relevant
and
not possessed by any one else for specific arguments,
ture of the case affords any
;
when
the na-
but the surer he
being able to find such arguments,
if
is
of
any such are
to
be found, the stronger the reason for treating his naked declaration of opinion as unworthy of
companied by
specific arguments,
it is
all
regard
useless
;
:
ac-
desti-
FALLACIES OF AUTHORITY.
6'2
tute of them,
it
amounts
[Ch.
1.
a virtual confession of
to
their non-existence.
So matters stand on thequestion whdLtought
to
be law.
On the question what the law is, so long as the rule of action
is
is
kept in
tlie state
of
common,
alias unwritten,
imaginary law, authority, though next to nothing,
alias
every thing.
The
casion A. (the judge)
question is
is,
what on a given oc-
likely to think:
wait
till
your
fortune has been spent in the inquiry, and you will
know
but,
;
forasmuch as
naturally a man's wish
it is
to be able to give a guess
what the
result will even-
before he has spent his fortune, in
the
and
get-
tually
be,
view
possible to avoid spending his fortune
if
ting nothing in return for
medium of
it_,
counsel), who, considering has,
he applies through the
B. (an attorney) for an opinion to C. (a
on a subject supposed
what D.
(a former judge)
be more or
to
less analo-
gous to the one in question, said or been supposed to say, deduces therefore his guess as to what,
time comes. Judge A., he you.
A shorter way
once to A.
;
thinks, will say,
would be
when
the
and gives
it
to put the question at
but, for obvious reasons, this is not per-
mitted.
On many
cases, again, as well-grounded a guess
might be had of an astrologer for five counsel for twice or thrice as
many
shillings, as
of a
guineas, but that
the lawyer considers the astrologer as a smuggler, and
puts him down.
But Packwood's opinion on the goodness of
his
own
razors would be a safer guide forjudging of their good-
FALLACIES OF AUTHORITY,
Sect. 2.]
ness, than a judge's opinion
posed law
:
it is
on the goodness of a pro-
Packwood's
be as good as possible
;
6S
interest that his razors
— the judge's,
that the law be
as bad, yet thought to be as good, as possible.
would not be the judge's should be thus bad,
if,
interest that his
Packwood, the
as in the case of
customer had other shops to go to
but in this case,
;
even when there are two shops to go being in confederacy, the commodity
both
;
is
the shops
equally bad in it is
In the case of the judge's commodity, no
experience suffices to undeceive it is
to,
and the worse the commodity, the better
said to be.
of
It
commodity
referred to
men
;
the bad quality
any cause but the true one.
Examples. Churchmen; oppositeness of their
interest
to the universal interest.
In the lawyer's case question,
it
has been shown that on the
what on such or such a point ought
to be
law, to refer to a lawyer's opinion given without or against specific reasons,
is
a fallacy
proportion to the regard paid to
it,
;
its
tendency, in
deceptions
;
—
the
cause of this deceptions tendency, sinister interest, to the action of which
from advocates)
all
all
advocates and (being
made
To
judges stand exposed.
churchman's case the same reasoning applies
:
the
as, in
the lawyer's case the objection does not arise on the question,
what law
is,
but what ought to be law,
in the churchman's case in matters of religion
is
matters ought to be law.
it
does not arise as to what
law, but as to
On
—so
what
in those
a question not connected
—
:
TALLACIKS OF AUTHORITY.
64
[Ch.
1.
with religion, reference to a churchman's opinion as suchy as authority, can scarcely be considered as a fallacy,
such opinion not being likely to be considered
as constitutive of authority.
To
understand
would be the probability of deception, tion,
what
if
how
great
on the ques-
ought to be law, the
in matters of religion
unsupported opinion of a churchman were to be
re-
garded as authority, we must develop the nature and
form of the
sinister interest,
by which any declaration
of opinion from such a quarter
The
to regard.
On
entering into the profession, as condition
and
all
in the
it
39
shape of sub-
other shapes, he makes of necessity a
solemn and recorded declaration of truth of
all title
:
precedent to advantage from sistence
divested of
sources of a churchman's sinister in-
terest are as follows 1.
is
articles,
his belief in the
framed 262 years ago, the date
of which, the ignorance and violence of the time considered, should suffice to satisfy
the impossibility of their being lieved
a reflecting mind of
all
of them really be-
by any person at present
2. In
this declaration is generally
understood to be
included an engagement or undertaking, in case of original belief
and subsequent change, never to declare,
but, if questioned, to
deny such change
:
In the institution thus established, he beholds shame and punishment attached to sincerity, rewards in 3.
the largest quantity to absurdity and insincerity.
Now
the presumptions resulting from such an application of
reward and punishment
to
engage
men
to declare as-
FALLACIES OF AUTHORITY.
Sect. 2.]
sent to given propositions are, tion
that
That the proposi-
1st,
not beheved by the proposer
is
not true
it is
3rd, Thence, that
;
by the acceptor.
It is
ment
real
to
produce
may
65
;
2nd, Thence,
it is
not believed
impossible by reward or punish-
and immediate
but the
belief:
1st,
The
abstaining from any declaration of disbelief; 'ind,
De-
following effects
claration of belief;
certainly be produced
3rd,
The
:
turning aside from
considerations tending to produce disbelief; 4th,
looking out all
for,
all
The
and fastening exclusive attention
to,
considerations tending to produce belief, authority
especially,
by which a sort of vague and indistmct
belief of the
most absurd propositions has every where
been produced.
On
no other part of the
field
of knowledge are
ward or punishment now-a-days considered as
fit
struments for the production of assent or dissent.
re-
in-
A
schoolmaster would not be looked upon as sane, who, instead of putting Euclid's Demonstrations into the
hands of tions,
his scholar, should, without the
Demonstra-
put the Propositions into his hand, and give him
a guinea for signing a paper declarative of his belief in
them, or lock him up for a couple of days without food on his refusal to sign
it.
And
so in chemistry,
mechanics, husbandry, astronomy, or any other branch of knowledge. It
is
true, that in those parts
ledge in which assent and dissent are
portance of truth here,
where
it
is
may
of know-
left free,
the im-
be esteemed not so great as
thus influenced
;
but the
more im-
portant the truth, the more flagrant the absurdity and
F
66
FALLACIES OF AUTIIOIIITY.
[67/.
tyranny of employing, for the propagation of
it,
1.
in-
employment of which has a stronger
struments, the
tendency to propagate error than truth. 4.
For teaching such
religious truths as
men
are
allowed to teach, together with such religious error as they are thus forced to teach, the churchman sees re-
wards allotted
in larger quantities than are allotted to
the most useful services.
Of much
of the matter of
reward thus hestowed, the disposal
is
hands, with the power of applying
and motives for
applying
it,
to the
it,
in the king's
purpose of parliamentary service,
paying for habitual breach of
and keeping
trust,
in
corrupt and secret dependence on his agents, those agents of the people whose duty
it is
judges
to sit as
over the agents of the king. In Ireland, of nine-tenths
of those on pretence of instructing of reward
is
extorted,
it is
whom
known,
science precluded from hearing,
this vast
that, being
it is
mass
by con-
impossible that
they should derive any benefit from such instruction.
In Scotland, where Government reward ployed is
in giving
support to
it,
is
not em-
Church-of-Englandism
reduced to next to nothing.
The
opinions which, in this state of things, interest
engages a churchman to support, are
—
1st,
That
re-
ward
to the highest extent has no tendency to pro-
mote
insincerity,
even where practicable, to an un-
limited extent, and without chance of detection
Or
that
in
case of non-compliance,
pliance
money
;
3rd,
;
2nd,
given in case of compliance, refused
Or
is
not reward for com-
that punishment, applied in case of
;;
FALLACIES OP AUTHORITY.
Sect. 2.]
67
non-compliance, withheld in case of compliance,
Or
punishment; 4th,
that insincerity
virtue, and as such ought it is
5th,
;
not merely consistent with, but requisite
government
to extort
not
not vice but
is
be promoted
to
is
to,
money from poor and
That good
rich to
be applied as reward for doing nothing, or for doing but a small part of that which
is
done by others
same reward, and
small proportion of the
for a
on pre-
this
tence of rendering service, which nine-tenths of the
people refuse to receive. It is the interest of the persons thus
engaged
a
in
course of insincerity, that by the same means perse-
verance in the same course should be universal and perpetual
;
for suppose,
withheld, the
case of the reward being
in
number annually making
claration should
the
same
de-
be reduced to half: this would be
presumptive evidence of insincerity on the part of half of those
who made
The more
before.
flagrant the absurdity, the stronger
each man's interest in joining
it
in
many
engaging as
greater the
number of such
it
co-declarants, the
number of those of whose
elements of authority are composed
who
as possible
with him in the profession of assent to
for the greater the
is
professions the ;
and of those
stand precluded from casting on the rest the im-
putation of insincerity.
The
following, then, are the abuses in the defence
of which
all
churchmen are
enlisted
:
1st.
Perpetua-
tion of immorality in the shape of insincerity
absurdity
in
subjects
of
the
r 2
highest
;
2.
Of
importance
FALLACIES OF AUTHORITY.
68
many
Extortion inflicted on the
3.
the few
;
Reward bestowed on
4.
[Cfl.
1.
for the benefit of
idleness and inca-
pacity to the exclusion of labour and ability
;
5.
The
matter of corruption applied to the purposes of corruption in a constant stream
doms a tion
In one of these king-
6.
;
vast majority of the people kept in degrada-
avowedly
But whoever
for
no other than the above purposes.
engaged by
is
interest in the support of
any one Government abuse, is engaged all,
each giving to the others
his
It being the characteristic of
ceive support from fallacy,
man who
it
in the
support of
support in exchange.
abuse to need and
is
re-
the interest of every
derives profit from abuse in any shape to
give the utmost currency to fallacy in every shape, viz.
as well those which render
more
particular ser-
vice to others' abuses as those which render such service to his own.
It being the interest of
each person
so situated to give the utmost support to abuse, and the utmost currency to fallacy in every shape,
it is
also his interest to give the utmost efficiency to the
system of education by which
men
are most effectually
divested both of the power and will to detect and ex-
pose
fallacies,
and thence
to suppress every
education in proportion as lastly,
it
system of
has a contrary tendency:
the stronger the interest by which a
man
is
urged to give currency to fallacy, and thus to propagate deception, the his
endeavour
:
more
the l^s
likely is
fit,
it
that such will be
therefore, will his opinion
be to serve in the character of authority, as a standard
and model
for the opinions of others.
.
Ch.
FALLACIES OF AUTHORITY.
2.]
CHAPTER
69
II.
The wisdom of our ancestors; or Chinese argument. Ad verecundiam Sect.
This argument
E.vposition.
1.
consists in stating a supposed re-
pugnancy between the proposed measure and the opinions of
men by whom
the country of those
who
are
discussing the measure was inhabited in former times
;
these opinions being collected either from the express
words of some writer
living at the
period of time in
question, or from laws or institutions that were then in existence.
—the wisdom bjour — the wisdom of ages — venerable antiquity — wisdom of old times— Our
wise ancestors
ancestoj^s
Such are the leading terms and phrases of propositions
the object of which
repugnance
is
to cause the alleged
to be regarded as a sufficient reason for
the rejection of the proposed measure.
Sect. 2.
E.vposure.
This fallacy affords one of the most striking of the
numerous instances influence
in
which, under the conciliatory
of custom, that
is
of prejudice, opinions
the most repugnant to one another are capable of
maintaining their ground in the same
intellect.
FALLACIES OF AUTHORITY.
70
This fallacy, prevalent as
in matters of law, is
it is
directly repugnant to a principle or
admitted
in
[Ch. 2.
maxim
universally
almost every other department of
and which
intelligence,
the foundation of all useful
is
knowledge and of all rational conduct. " Experience is the mother of wisdom,"
maxims handed down
the
to the present
ages, by the wisdom, such as
No is,
it
and
among
is
all
future
has been, of past ages.
says this fallacy, the true mother of
!
human
wisdom
not e.vperience, but ine.vperience.
An
absurdity so glaring carries in itself
futation
and
;
all
we can do
that
is,
to
its
own
re-
the
trace
causes which have contributed to give to this fallacy
such an ascendancy
Among
the cause of delusion
thority, this
in matters
of legislation.
the several branches of the fallacies of auis
more impressive
in
than in any other.
1st,
From inaccuracy
rectness of expression
;
of conception arises incor-
from which expression, con-
ception, being produced
again,
error,
from having
been a momentary cause, comes to be a permanent effect.
In the very denomination commonly employed to signify the portion of time to is
virtually involved a false
which, from
its
which the fallacy
refers,
and deceptious proposition,
being employed by every mouth,
is
at
length, without examination, received as true.
What
in
common
language
is
called old time, ought
(with reference to any period at which the fallacy in question
is
employed)
to be called
young or
early time.
— FALLACIES OF AUTHORITY.
Sect. 2.]
As between
individual and individual living at the
same time and
in the
;
— as between
reverse of this
is
same
situation,
he who
old,
is
more experience than he who
possesses, as such,
young
71
is
generation and generation, the
true,
as in ordinary language, a
if,
preceding generation be, with reference to a succeeding generation, called old
;
—
the old or preceding ge-
neration could not have had so the succeeding.
With
much
experience as
respect to such of the materials
wisdom which have come under
or sources of
nisance of their
own
senses, the
the cog-
two are on a par
;
with respect to such of those materials and sources of
wisdom later
as are derived
from the reports of others, the
of the two possesses an indisputable advantage.
In giving the name of old or elder to the generation of the two, the misrepresentation less gross,
nor the folly of
name
the
if
the infant in
What Is
dom
is
No
it
less incontestable,
or old
woman were
the
wisdom of the times
wisdom of gray
hairs
?
No.
will
—
?
It is the ivis-
Thibet
deny that preceding ages have produced
in succession all the
the career of
aiven to
*.
nently distinguished by benevolence and genius;
owe
than
called old
learned and honourable gentlemen of
one
not
is
cradle.
of the cradle
The *
its
then
the
it
man
of old
earlier
it is
to
men
them
emi-
that
we
advances which have hitherto been made in
human improvement
:
but as their talents could only be
developed in proportion to the state of knowledge at the period in which they lived, and could only have been called into action with a view to then-existing circumstances, a period
and under a
it is
absurd to rely on their authority, at
state of things altogether different.
7'i
FALLACIES OF AUTHORITY.
do homage
to superior
wisdom
—
[Ch. 2.
superiority raised to
the degree of divinity— in the person of an infant lying and squalling in his cradle.
The learned and honourable gendemen of Westminster set down as impostors the lamas of TurBET, and laugh
whom
on
at the folly of the deluded people
such imposture passes for sincerity and
wisdom.
But the worship paid of the present day,
is, if
at
Thibet
to the infant
not the exact counterpart, the
type at least of the homage paid at to the infant
body
Westminster
minds of those who have
lived in earlier
ages.
Sndly, Another cause of delusion which promotes the
employment of
this fallacy,
judice in favour of the dead in
;
the reigning pre-
is
—a
prejudice which,
former times, contributed, more than any thing
else, to
the practice of idolatry
:
the dead were speedily
elevated to the rank of divinities
the superstitious
;
invoked them, and ascribed a miraculous efficacy to their relics.
This prejudice, when examined,
no
will
less indefensible than pernicious
be seen to be
—no
less
perni-
cious than indefensible.
By propagating this mischievous notion, and acting man of selfishness and malice obtains
accordingly, the
the praise of humanity and social virtue.
jargon
in his
mouth, he
is
this
permitted to sacrifice the
real interests of the living to the
of the dead.
With
Thus imposture,
imaginary interests '
in this shape, finds
FALLACIES OF AUTHORITY.
Sect. 2.]
7^
the folly or improbity of mankind a never-failing fund
of encouragement and reward.
De
mortuis nil nisi bonum;
the adage
is
—with
all its
absurdity,
but too frequently received as a leading
Of two attacks, which is the more barbarous, on a man that does feel it, or on a man that does not ? On the man that does feel it, says the principle of utility On the man that does not, principle of morals.
:
says the principle of caprice and prejudice ciple of sentimentalism
gination
which
the sole
is
— the principle
mover
—
bepraises
as betvveen Pitt
you when dead, would
of each reckoned so
ries in the friends
of the other.
died
friends.
At what
by the people
On
is
many
the death of
no secret
:
him
was paid
price this friendship ^
adversa-
were converted into
his adversaries
first,
living.
While both were
and Fox.
living, the friends
who
prin-
which ima-
worth notice.
have plagued you without mercy when
Thus
— the
the principle in and by
feelings are disregarded as not
The same man who
in
for
see the Statute Book, see
the debates of the time, and see Defence of
Economy
against Burke and Rose.
The
cause of this so extensively-prevalent and ex-
tensively-pernicious propensity lies not very deep.
A dead
man
ject of envy,
when
*
—
living,
has no in
money;
—
—
to
nobody
to
Pitt's creditors
was
Mr, Fox's widow, 1500/. a
is
he an ob-
may have
when dead he no longer
For the payment of Mr.
public
rivals,
whosesoever way he
stands in any
votfid 40,000/.
year.
stood
of the
FALLACIES OF AUTHORITY.
74 body's way.
If he
was a man of genius, those who
denied him any merit during his enemies, changing their tone air
[Ch. 2.
life,
even his very
at once,
all
assume an
of justice and kindness, which costs them nothing,
and enables them, under pretence of respect for the dead, to gratify their malignity towards the living.
Another
class of persons habitually exalts the past
for the express purpose of depressing
and discouraging
the present generation. It is characteristic of the
well as of the
the
same
same system of
name of wisdom of our
sort of persons, as
politics, to idolize,
ancestors, the
under
wisdom of
untaught inexperienced generations, and to undervalue
and cover with every expression of contempt that the language of pride can furnish, the supposed ignorance
and
folly
of the great body of the people
So long
*'^
as they keep to vague generalities,
—
so long
as the two objects of comparison are each of
taken in the lump,
—wise ancestors
norant and foolish
mob
—
in
them
one lump,
ig-
of modern times in the other,
the weakness of the fallacy
may escape
detection.
Let them but assign for the period of superior wisdom
any determinate period whatsoever, not only
will the
groundlessness of the notion be apparent (class being
compared with
class in
that period and the present
one), but, unless the antecedent period be comparatively
speaking a very modern one, so wide
disparity,
and
to
*
A
such an amount
"Burdett mol),"
(or
in
will
be the
favour of modern
example.
FALLACIES OF AUTHORiTY.
Sect. 2.]
75
times, that, in comparison of the lowest class of the
people in modern times (always supposing them proficients in the art
of reading, and their proficiency em-
ployed in the reading of newspapers), the very highest
and best informed class of these wise ancestors
will
turn out to be grossly ignorant.
Take
for
example any year
the Eighth, from
1509
in
the reign of
At
to 1546.
House of Lords would probably have been session of by far the larger proportion of instruction the age afforded
among
the laity,
it
:
in the
Henry
that time
what
to read.
the fullest possession
of that useful question,
that time of day
of
art,
what
on the subject could they meet with
instruction
tant
all
But even supposing
political science being the science in
On
little
House of Lords,
might even then be a question
them able so much as all in
pos-
in
whether without exception their lordships were
them
the
at
?
no one branch of
legislation
from which, with regard
was any book ex-
to the circumstances of
the then present times, any useful instruction could
be derived
:
distributive law, penal law, international
law, political economy, so far from existing as sciences,
had scarcely obtained a name:
in all those
departments,
under the head o^ quid faciendum, a mere blank
:
the
whole literature of the age consisted of a meagre chronicle or two, containing short the
usual
occurrences
memorandums of
of war and
peace, battles,
sieges, executions, revels, deaths, births, processions,
ceremonies, and other external events ; but with scarce
;
FALLACIES OF AUTHORITY.
76
[Ch. 2.
a speech or an incident that could enter into the com-
work as a
position of any such
mind, — with
history of
tlie
human
scarce an attempt at investigation into
causes, characters, or the state of the people at large.
Even when
at last, little
political instruction
by
came
a scrap or two of
little,
to
be obtainable, the pro-
portion of error and mischievous doctrine mixed up
with
it
was so
great, that
might not have been
whether a blank unfilled
less prejudicial
than a blank thus
may reasonably be matter of doubt. If we come down to the reign of James the First, we shall find that Solomon of his time, eminently eloquent as well as learned, not only among crowned but among uncrowned heads, marking out for prohi-
filled,
bition
and punishment the practices of devils and
witches, and without any the slightest objection on
the part of the great characters of that day in their
high situations, consigning
men
to death
and torment
for the misfortune of not being so well acquainted as
he was with the composition of the Godhead. Passing on to the days of Charles the Second, even after
Bacon had
losophy,
we
laid
shall find
the foundations of a sound phi-
Lord Chief Justice Hale
present hour chief god of the
unable to
tell
man
(so he says himself)
(to the
of law's idolatry)
what theft was
but knowing at the same time too well what witchcraft was,
hanging men with the most perfect com-
placency for both crimes, amidst the applauses of all
who were wise and learned in Under the name of Exorcism
that blessed age. the Catholic liturgy
— ;
FALLACIES OF AUTHORITY.
Sect. 2.]
77
contains a form of procedure for driving out devils
even with the help of
:
instrument, the operation
this
cannot be performed with the desired success but by
an operator quaHfied by holy orders for the working of this as well as so
many
other wonders.
In our days and in our country the same object
and beyond comparison more
attained,
so cheap an instrument as a
common newspaper:
fore this talisman, not only devils but ghosts, pires, witches,
and
all
is
be-
vam-
their kindred tribes, are driven
out of the land, never to return again holy water
is
by
effectually,
;
the touch of
not so intolerable to them as the bare
smell of printers' ink. If
it is
tors, it is
as
much
absurd to rely on the wisdom of our ancesnot less so to vaunt their probity
inferior to us in
they were
:
that point as in
all
others
and the further we look back, the more abuses we shall discover in every
department of Government
:
nothing but the enormity of those abuses has produced that degree of comparative
present
we
amendment on which at human
value ourselves so highly. Till the
race was rescued from that absolute slavery under
which nine-tenths of every nation groaned, not a gle step could be
made
in the career of
and take what period we ages, there
is
sin-
improvement;
will in the lapse of
preceding
not one which presents such a state of
things as any rational
man would
wish to see en-
tirely re-established.
Undoubtedly, the history of past ages ing in
is
not want-
some splendid instances of probity and
self-de-
TALLACIES OF AUTHORITY.
78 votion
;
[67/
but in the admiration which these excite,
commonly
overrate
dupes of an
made by a
2.
we
amount, and become the
tlieir
by the very nature of
illusion occasioned
Such a retrospect
an extensive retrospect.
.
mind
single glance of the
in this
;
the splendid actions of several ages (as
is
if for
often
glance
the very
purpose of conveying a false estimate of their number
and contiguity) present themselves, as
it
were, in a
lump, leaving the intervals between them altogether
Thus groves of
unnoticed.
which at a distance
trees,
present the appearance of thick and impenetrable
masses, turn out on nearer approach to consist of trunks widely separated from each other.
Would you
then have us speak and act as
had never had any ancestors
?
Would
recorded experience, and, along with
if
we
you, because
wisdom,
it,
in-
creases from year to year, annually change the whole
body of our laws ?
By no means
such a
:
mode of
reasoning and acting would be more absurd even than that which has just been exposed
;
adherence to existing establishments considerations the
much more
wisdom of our
not the
less
ancestors.
Though
little
it
is
not so
grounded on
on
the opinions of
value, their practice
worth attending to
;
that
is,
in so far
own
experience.
much from what
they did, as
as their practice forms part of our
However,
is
rational than a reliance
our ancestors are as such of is
and provisional
from what they underwent (good included as well as evil),
that our instruction comes.
consequences, what they did
is
Independently of
no more than evidence
;
FALLACIES OF AUTHORITY.
Sect. 2.]
of what they thought
nor
;
79
in legislation,
yet,
is
it
evidence of what they thought best for the whole com-
munity, but only of what the rulers thought would be
when every
best for themselves in periods
species of
abuse prevailed unmitigated, by the existence of either
From the facts of their from the may be derived As to opinions, it is rather
public press or public opinion. times,
much
opinions,
information or none.
little
:
—
from those which were foolish than from those which were well grounded, that any instruction can be de-
From
rived.
foolish opinions
comes
foolish conduct;
from the most foolish conduct, the severest disaster
and from the severest ing.
It
from the
is
to their
folly,
we have
ancestors that is
disaster, the
most
useful warn-
not from the wisdom, of our
much
so
wisdom, and not to
to learn
;
and yet
it
their folly, that the fal-
lacy under consideration sends us for instruction. It
seems, then, that our ancestors, considering the
disadvantages under which they laboured, could not
have been capable of exercising so sound a judgment
on
their interests as
we on
ours
:
of the facts on which a judgment is
but as a knowledge is
to be
pronounced
an indispensable preliminary to the arriving at just
conclusions, and as the relevant facts of the later period
must
all
specifically,
of them individually, and most of them
have been unknown to the
earlier period,
it
is
clear that
man
of the
any judgment derived
from the authority of our ancestors, and applied to existing affairs,
evidence
;
must be a judgment pronounced without
and
this is the
in question calls
on us
judgment which the
fallacy
to abide by, to the exclusion
FALLACIES OF AUTHORITY.
80
[Ch.
2.
of a judgment formed on thecompletest evidence that
may
the nature of each case
Causes of the Propejisity
admit.
to
be influenced by
this
Fallacy.
Wisdom of
ancestors being the most impressive of
arguments that can be employed
all
in
defence of
established abuses and imperfections, persons interest-
ed in this or that particular abuse are most forward to
employ But
it.
would be of
their exertions
which they
not for the propensity
little avail,
find
their antagonists to attribute to this
the
same weight
as those
This propensity connected causes:
may
—
1.
by
whom
were
it
on the part of
argument nearly
it is
relied on.
be traced to two intimately-
Both
parties having been train-
ed up alike in the school of the English lawyers, headed
by Blackstone; and,
2.
want of
draw from the
practice, to
Their consequent
ral utility the justificative
inability, for
principle of gene-
reason of every thing that
is
susceptible of justification.
In the hands of a defender of abuse, authority answers a double purpose, by affording an argument in
may happen to men to regard with
favour of any particular abuse which call for protection,
and by causing
a mingled emotion of hatred and terror the principle of general
utility,
and measure of
in
right
which alone the true standard
and wrong
is
In no other department of the
to be found. field
and wisdom (unless that which regards exception) do leading
men
of knowledge religion be
an
of the present times recom-
FALLACIES OF AUTHORITY.
Sect. 2.]
81
mend to us this receipt for thinking and acting wisely. By no gentleman, honourable or right honourable, are we sent at this tinje of day to the wisdom of our ancestors for the best mode of marshalling armies, navigating ships, attacking or defending towns best
modes of
of food, clothing,
for the
and improving land, and
cultivating
preparing and preserving
;
its
artificial
products for the purposes light
and heat
for the
;
promptest and most commodious means of conveyance of ourselves and goods from one portion of the earth's surface to another
;
for the best
modes of
leviating or preventing disorders in our
curing, al-
own
and those of the animals which we contrive
bodies
to apply
to our use.
Why
this difference ?
Only because
in
any other
part of the field of knowledge, legislation excepted,
(and religion, in so far as
it
has been taken for the
subject of legislation,) leading
men
with that sinister interest which
is
are not affected
so unhappily
com-
bined with power in the persons of those leading
who conduct Governments
men
as they are generally at
present established. Sir
either
H. Davy has never had any
thing to gain,
from the unnecessary length, the miscarriage,
or the unnecessary part of the expenses attendant on
chemical experiments his
own experiments
;
he therefore sends us either to
or to those of the most enlighten-
ed and fortunate of his cotemporaries, and not to the notions of Stahl^
Van Helmont,
or Paracelsus.
.
FALLACIES OF AUTIIORrFY.
82
CHAPTER 1
Fallacy of Irrevocable Laws.
2.
Fallacy of Vows.
two
fallacies
superstitionem.
brought to view in
are intimately connected, and require
together
:
the object in view
is
the
this
chapter
to be considered
same
difference lies only in the instrument
both of them
3.
III.
Ad
The
[Ch.
in both, the
employed
;
and
are in effect the fallacy of the wisdom
of
our ancestors, pushed to the highest degree of extravagance and absurdity.
The
object
is
to tic
up the hands of future legislators
by obligations supposed
to be indissoluble.
In the case of the fallacy derived from the alleged irrevocable nature of certain laws, or, to speak briefly, the fallacy of Irrevocable laws, the instrument
ployed
is
a contract
ruling powers of the
— a contract entered into by the state in question with the ruling
powers of some other party. This other party either the sovereign of
or
some
em-
some other
may
state, or the
be
whole
part of the people of the state in question.
In the case of the fallacy derived from vows, a supernatural power
is
called in
and employed
in
the
character of guarantee.
Fallacy of Irrevocable Laws. E.vposition.
A
law, no matter to what
legislative assembly, and,
effect,
is
no matter
in
proposed to a
what way,
it is
FALLACIES OF AUTHOIUTV.
Sect. 1.]
83
by the whole or a majority of the assembly regarded
The
being of a beneficial tendency.
as
fallacy in
question consists in calling upon the assembly to reject
notwithstanding, upon the single ground, that
it
by those who,
in
some former
period, exercised the
power which the present assembly
is
thus called on to
was made, having
exercise, a regulation
for
its
object
the precluding for ever, or to the end of a period not
yet expired,
law
to
all
succeeding legislators from enacting a
any such
What will
effect as that
allow himself to think
so, is
it
we
the profound respect testify
proposed.
—
that,
man who
will
notwithstanding
are most of us so ready to
towards our fellow creatures as soon as the
moment
has arrived after which
them, the comforts of those the comforts
all
now
be tolerably clear to every
we can
we can
sufferings
can be of no use to
are out of the
bestow, as well as of
inflict,
which there has been
who
it
way of all
the
are not the real objects to
this readiness to sacrifice
the
comforts of present and future generations, and that therefore there
must be some other
interest at the
bottom. Ed'posure. 1
.
To
consider the matter in the
ground of general
At each
first
place on the
utility.
point of time the sovereign for the time
possesses such
means
as the nature of the case affords
for
making himself acquainted with the exigencies of
his
own
time.
G
2
FALLACIES OF AUTHORITY.
84
With relation to the future, such means of information it ;
vac^ue anticipation, a sort of
\Ch.
3.
the sovereign has
no
only by a sort of
is
rough and almost random
guess drawn by analogy, that the sovereign of this year can pretend to say what will be the exigencies of the country this time ten years.
Here ble law,
who
then, to the extent of the pretended is
immuta-
the government transferred from
possess the best possible
those
means of information,
to
those who, by their very position, are necessarily incapacitated from knowing any thing at
all
about the
matter.
own judgment, the shut their own eyes, and give blindfold by the men of the
Instead of being guided by their
men
of the 19th century
themselves up to be led 1
8th century.
The men who have the means of knowing the whole on which the correctness and expediency of the judgment to be formed, must turn, give up their own judgment to that of a set of men entirely destitute of any of the requisite knowledge of
body of the
such
facts
facts.
Men who
have a century more of experience to
ground their judgments on, surrender
men who had
a century
their intellect to
less experience,
less that deficiency constitutes
and who, un-
a claim, have no claim
to preference.
If the prior generation were, in respect of intellectual qualification, ever so
much
sequent generation,
understood so
—
if it
superior to the sub-
much
better
TALLACIES OF AUTHORITY.
Sect. 1.]
than the subsequent generation that subsequent generation,
85
itself the interest
—could
it
have been
in
of
an
equal degree anxious to promote that interest, and consequently equally attentive to those facts with which,
though been,
in order to
quainted
?
form a judgment
impossible that
it is
In a word,
it
ought to have
should have been ac-
it
will its love for that
generation be quite so great as that
same
subsequent
generation's
love for itself?
Not even
here, after a
moment's deliberate
reflec-
tion, will the assertion be in the affirmative.
And yet it is their prodigious anxiety for the welfare of their posterity that produces the propensity of these sages to
tie
up the hands of
this
evermore, to act as guardians to curable weakness, and take its
its
same
its
posterity for
perpetual and in-
conduct for ever out of
own hands. If
it
be right that the conduct of the 19th century
should be determined not by that of the
1
8th,
it
will
its
own judgment but by
be equally right that the con-
duct of the 20th century should be determined not by its
own judgment but by that of the 19th. The same principle still pursued, what
would be the consequence ?
—
the practice of legislation would be at an end
duct and fate of all neither
ter
and the aggregate body of the
main
knew nor cared any
for ever in subjection to
exercised, as
it
:
men would be determined
who ;
at length
that in process of time
the conby- those
thing about the matliving
would
re-
an inexorable tyranny,
were, by the aggregate body of the dead.
FALLACIES OF AUTHORITY.
85
[C/l. 3.
This irrevocable law, whether good or bad at the
moment
of
enactment,
its
found at some succeeding
is
—uncompensated
period to be productive of mischief
—
mischief
any amount.
to
Now of this mischief, what
possibility has the country of being rid
A
despotism, though
it
?
were that of a Caligula or a
Nero, might be
to
intolerable, than
any such immutable law.
any degree
volence (for even a tyrant
word, by caprice,
—
who
pose that
this
is
only
port of
a
who
!
shall
its
make
make him hear ? it is
only to a bad pur-
be employed.
when
and generally argument of
in
and every other instrument of deception
will in general
It
shall
not be forgotten, that
it
—
and release the country from
But the dead tyrant
consequences.
Let
his
the living tyrant might be induced
to revoke his law,
feel ?
may have
By benemoments of
by benevolence, by prudence,
benevolence),
lum
less mischievous, less
and understood
felt
this
the law in question
stamp
will
to
mischievous,
is
be such, that an
be employed in the sup-
it.
Suppose the law a good one,
will
it
be supported,
not by absurdity and deception, but by reasons drawn
from
its
But
own
is it
excellence.
possible that the restraint of an irrevocable
law should be imposed on so
many
millions of living
beings by a few score, or a few hundreds, whose existence has ceased
?
Can a system of tyranny be
blished under which the living are
few
among
the dead, their tyrants
?
all
slaves
esta-
— and a
FALLACIES OF AUTHORITY.
Sect. 1.]
The
87
way of
production of any such effect in the
constraint being physically impossible, if produced in
any degree
must be by force of argument
it
— by the
force of fallacy, and not by that of legislative power.
The means employed to give effect to this device may be comprised under two heads the first of them ;
exhibiting a contrivance not less flaoitious than the position itself 1st,
is
absurd.
In speaking of a law which
is
considered as
repugnant to any law of the pretended immutable
way has been to purpose call it void ? Only class, the
But
call it void.
to
people to re-
to excite the
bellion in the event of the legislator's passing
any such
In speaking of a law as void, either
void law.
meant or nothing.
It is
what
this is
a sophism of the same cast as
that expressed by the words rights of man, though
played off in another shape, by a different set of hands, and for the benefit of a different class.
Are the people then to consider
to consider the
it
as an act of injustice
under the name of law
by men who deal by
it
iiave
as they
law void
;
—
?
They
and tyranny
power exercised
as an act of
no right to exercise
it
:
they are to
would by the command of a robber;
they are to deal by those who, having passed
upon them deal,
are
to enforce the execution of
it,
it,
as they
take
would
whenever they found themselves strong enough,
by the robber himself*. *
••>'•
Lord Coke was
for holding void every act contrary to
Magna
Charta.
If his doctrine were tenable, every act imposing law-taxes
would be
void.
FALLACIES OF AUTHORITY.
88 Sndly,
The
[Ck.
3.
other contrivance for maintaining the
immutability of a given law,
derived from the notion
is
The
of a contract or engagement.
faithful
observance
of contracts being one of the most important of the that bind society together, an
ties
from
this
source cannot
argument drawn
to have the appearance
fail
of plausibility.
But be the
parties interested
tract is not itself
some end
:
and
an end
it is
but a means toward
where the public
in cases
the parties concerned,
;
who they may, a con-
only in so far as that end
is
it
one of
is
whole community,
consists of the happiness of the
worthy
taken in the aggregate, that such contract is to be observed.
Let us examine the various kinds of contract which statesmen have
endeavoured to impart
character of perpetuity
:
and foreign its
state,
—
1 ,
Treaties between state
by which each respectively engages
government and people
from the sovereign
to
character of subjects
;
sovereign to
to
this
;
2,
Grant of
the whole
3,
Grant of
privileges
community
the
from the
privileges
a particular class of subjects
in
;
4,
New
arrangement of power between different portions or branches of the sovereignty, or new declaration of the rights of the
community
;
5, Incorporative
union be-
tween two sovereignties having or not having a com-
mon
head.
Take, then, for the subject and substance of the contract any one of these arrangements
:
so long as
the happiness of the whole community, taken in the
FALLACIES OF AUTHORITY.
Sect, 1.]
aggregate,
in
is
a greater degree promoted by the exact
observance of the contract than alteration, exact
contrary,
89
it
would be by any
ought to be the observance
:
—on
the
by any given change, the aggregate of hap-
if,
piness would be in a greater degree promoted than by the exact observance, such change ought to be made.
True which
it is,
tract to
that, considering the
alarm and danger
the natural result of every breach of a con-
is
which the sovereignty
change with respect
is
party, in case of
any
to such contract, the aggregate of
public happiness will be in general rather diminished
than promoted, unless, in case of disadvantage pro-
duced to any party by the change, such disadvantage be
made up by adequate compensation. Let
it
not be said that this doctrine
is
a dangerous
doctrine, because the compensation supposed to be
stipulated for as adequate
may
prove but a nominal,
or at best but an inadequate, compensation.
Reality
and not pretence, probity not improbity, veracity not mendacity, are supposed alike on all sides the con;
tract
—
a real contract, the change a real change, the
compensation an adequate as well as real compensation.
Instead of probity suppose improbity in the
sovereignty
;
it
will
be as easy to deny the existence,
away the meaning of the deny or explain away the change, as, or explain
contract,
or to
instead of a real
to give a nominal, instead of an adequate to give an
inadequate, compensation.
To
apply the foregoing principles to the cases above
enumerated, one by one.
FALLACIES OF AUTHORITY.
90
[Ck.
3.
In the case of the contract or treaty between
1.
state
and foreign
state, the
dogma of
immutability has
seldom been productive of any considerable practical inconvenience
:
the ground of complaint has arisen
rather from a tendency to change than a too rigid ad-
herence to the treaty.
However, some commercial and
state,
treaties
between
state
entered into in times of political ignorance
or error, and pernicious to the general interests of
commerce, are frequently upheld under a pretence of regard for the supposed inviolability of such contracts, but in reality from a continuance of the same ignorance, error, antipathy or sinister interest, which
occasioned their existence.
It
first
can seldom or never
happen that a forced direction thus given
to the
em-
ployment of capital can ultimately prove advantageous to either of the contracting parties
;
and when
the pernicious operation of such a treaty on the interests of both parties has
been clearly pointed out,
there can be no longer any pretence for continuing
Notice,
existence.
however, of any proposed de-
parture from the treaty ought to be given to parties concerned to individuals treaty, to
such
;
traffic,
sufficient
engaged
withdraw,
and
its
if
all
the
time should be afforded
in traffic,
under the
faith
of the
they please, their capitals from
in case of loss,
compensation as far
as possible ought to be afforded. 2.
Grant of
privilege
from the sovereign to the
whole community in the character of
subjects.
—
If,
by
the supposed change, privileges to equal value be given
FALLACIES OF AUTHORITY.
Sect, 1.]
in the
room of such
pensation
is
tuted, there
made is
91
as are abrogated, adequate if
:
com-
greater privileges are substi-
the greater reason for supporting the
measure.
Grant of
3.
privileges
from the sovereign to a
particular class of subjects.
No
such particular privilege ought to have been
granted
was
the aggregate happiness of the
if
likely to be thereby diminished
:
community
but, unless in
case of a revocation, adequate compensation be here also
made, the aggregate happiness of the community
will
not be increased by the change; the happiness of
the portion of the
community
to be affected
by the
change, being as great a part of the aggregate happiness as that of any other portion of equal extent.
Under
this
head are included
cular cases in which
this or that individual, or
for
money
all
those
more
parti-
the sovereign contracts with
assemblage of individuals,
or money's worth, to be supplied, or ser-
vice otherwise to be rendered. 4.
New
arrangement or distribution of powers as
between different portions or branches of the sovereignty, or
new
declaration of the rights of the
com-
munity.
Let the supposition
be,
that the result will not be
productive of a real addition to the aggregate stock of
happiness on the part of the whole community, not to be
made
:
let the supposition
it
ought
be the reverse,
then, notwithstanding the existence of the contract, the
change
is
such as
it is
right
and
fitting
should be made.
FALLACIES OF AUTHORITY.
92
The
first
[Ch. 3.
of these can never furnish a case for com-
pensation, unless in so far as, without charge or disad-
vantage to the people, the members of the sovereignty
can contrive
to satisfy
one another
such
;
members of
the sovereignty being, as to the rest of the community,
not proprietors but trustees.
The frame
or constitution of the several American
united states, so far from being declared immutable or imprescriptible, contains an express provision, that a
convention shall be holden at intervals for
tlie
avowed
object of revising and improving the constitution, as the exigencies of succeeding times
Europe, the
of declaring
effect
a new distribution of powers, or of a constitution, immutable, sanction of
all
laws.
The
may
In
require.
this or that article in
in the original
lias
frame
been to weaken the
article in
question turns
out to be mischievous or impracticable; instead of
being repealed,
it is
openly or covertly violated
this violation affords
;
and
a precedent or pretext for the
non-observance of arrangements clearly calculated to
promote the aggregate happiness of the community. 5.
Case of an incorporative union between two
sovereignties, having or not having a
Of which
the cases
all is
This
upon the
attended with
is
this is the
head.
only one
difficulty.
the case in which, at the
contract with detailed clauses to
list,
common
is
same time
at once likely
that a
and
fit
be insisted on, compensation, that compensation
without which any change would not be consistent with general
utility in
the shape of justice or in any
FALLACIES OF AUTHORITY.
Sect. 1.]
other shape,
is
93
an operation attended with more
diffi-
culty than in any other of these cases.
Distressing indeed would be the difficulty, were
not for one circumstance which happily
it
interwoven
very nature of the case.
in the
At
is
the time of the intended union, the two states
(not to embarrass the case by taking
more than two
at a time) are, with relation each to the other, in a
greater or less degree foreign and independent states.
Of
the two uniting states, one will generally be
more, the other
less,
considerable, the ing, will
powerful.
more powerful
If the inequality be state, naturally
speak-
not consent to the union, unless, after the
union, the share
possesses in the government of the
it
new-framed compound state be greater by a difference bearing some proportion to the difference in prosperity
between the two
On
states.
the part of the less powerful state, precautions
come of
against oppression
course.
human beings are brought much room for jealousy, sus-
Wherever a multitude of together, there picion,
is
but too
and mutual
ill-will.
In the apprehension of each, the others, tain possession of the
mon
government,
will
if
they ob-
powers exercised by the combe supposed to apply them un-
men or in money, in labour or in goods, in a direct way or in some indirect one, it may be the study of the new compound government, under the influence of that part of the quondam government In
justly.
which
is
predominant
in
it,
to render the pressure of
FALLACIES OF AUTHORITY.
94
[Ch.
3.
the contributions proportionably more severe upon
new compounded state than force upon it new customs, new
the one portion of the
upon the
other, or to
new laws. new government remain altoone of the two compound nations may
religious ceremonies,
Let the hands of the gether loose,
be injured and oppressed by the other.
Tie up the hands of the government in such degree as
is
requisite to give to each nation a security against
hands of the other, sooner or
injustice at the
comes the time from the
in
later
which the inconveniencies resulting
restriction will
become
intolerable to
one or
other, or to both.
But sooner or
later the very duration
of the union
produces the natural remedy.
Sooner or
later,
having for such or such a length of
time been in the habit of acting in subjection to one
government, the two nations will have become melted into one,
and mutual apprehensions
will
have been
dissipated by conjunct experience.
All this while, in one or both of the united states, the individuals will
be but too numerous and too
powerful who, by sinister interest and interest-begotten prejudice, will stand engaged to give every possible
countenance and intensity to those fears and jealousies, to
oppose to the entire composure of them every de-
gree of retardation. If, in
either of the united
communities at the time
of the union, there existed a set of
numerous and powerful,
to
whom
men more
or less
abuse or imperfec-
FALLACIES OF AUTHORITY.
Sect. I.]
tion in
any shape was a source of
restrictions
may have been
Q5 whatsoever
profit,
expressed in the contract,
these restrictions will of course be laid hold of by the
men
thus circumstanced, and applied as far as possi-
ble to the giving protection
and continuance to a state
of things agreeable or beneficial to themselves.
At
the time of the union between England and
Scotland, the
Tory
whom
a large proportion
or most of
them high-church-
party, of
were Jacobites, and
all
men, had acquired an ascendant
House of
in the
Commons. Here, then, a favourable occasion presented
itself
to these partisans of Episcopacy for giving perpetuity
to the triumph they
presbyterians, by the
had obtained over the English
Act of Uniformity proclaimed
the time of Charles the Second
in
*.
In treaties between unconnected nations, where an advantage
in substance is given to one, for the
of saving the honour of the other,
custom
to
reciprocity
make
it
purpose
has been the
the articles bear the appearance of
upon the face of them
;
as
if,
the facilitating
the vent of French wines in England being the object of a treaty, provision were
made
in
it
that wine
of the growth of either country might be imported into the other, duty free.
By craft,
the combined astutia of priestcraft and lawyer-
advantage was taken of
this
custom
to rivet for
ever those chains of ecclesiastical tyranny which, in
»
13 and 14 Charles II.
c. 4.
—
.
FALLACIES OF AUTHORITY.
96
[Ch. 3.
the precipitation that attended the Restoration,
been fastened upon the people of England.
had
— For
se-
members from being outnum-
curing the 45 Scotch
bered by the 5 1 3 English ones, provision had been
made
in favour of the
on the
principle
church of Scotland
:
therefore,
of reciprocity for securing the 513
English members from being outnumbered by the 45
Scotch ones,
like provision v\^as
made
in favour of the
church of England. Blackstone avails himself of
this transaction
giving perpetuity to whatever imperfections
for
may be
found in the ecclesiastical branch of the law, and the establishment of England.
official
On
a general account which he has been giving*
of the articles and act of union, he grounds three observations
:
That the two kingdoms are now so inseparably
1
united that nothing can ever disunite them again, ex-
cept the mutual consent of both, or the successful resistance of either,
upon apprehending an infringement
of those points which, when they were separate and
independent nations, be
it
was mutually stipulated should
"fundamental and
essential
conditions
of the
union." 2. That,
mental and
may be deemed "
whatever else
funda-
essential conditions," the preservation of
the two churches of England and Scotland, in the
same
state that they
were in at the time of the union,
*
Vol.
i,
97, 98.
TALLACIES OF AUTHORITY.
Sect. 1.]
97
and the maintenance of the acts of uniformity which establish our
common
prayer, are expressly declared
so to be.
That therefore any
3.
alteration in the constitution
of either of those churches, or in the Liturgy of the
church of England (unless with the consent of the respective
would be an infringement of these " fundamen-
given), tal
churches collectively or representatively
and
essential conditions,"
and greatly endanger the
union.
On see,
the original device, an improvement has,
we
been made by the ingenuity of the orthodox and
learned commentator. alteration of
If,
any of the 39
tion of
any of the English
by any
efficient
of duty
fired
as for
articles,
example by the
—
if,
by the aboli-
ecclesiastical sinecures, or
measure for ensuring the performance
in return for salary,
of the English
much
—
official
the ecclesiastical branch
establishment were brought so
the nearer to what
it is
in Scotland, the Scotch,
by the injury done to them, would cry out, a
breach of faith
!
and
call
for
a dissolution of the
union.
To nates
obviate this danger, a great one he denomiit,
his ingenuity, in concert with his
piety,
however furnished us with an expedient
:
has
— " The
consent of the church collectively or representatively given,"
is
thing, that
to be
taken
;
by which
is
meant,
if
any
by the revival of the convocation, or some
other means, the clergy of England are to be erected into a fourtli estate.
H
lALLACIES or AUTHORITY.
98
What
is
evident
and employ itself,
that, unless the sinister influence
is,
Crown could
of the
[67/. 3.
be supposed to becomejelo de
itself in
se,
destroying a large portion of
nothing but a sincere persuasion of the utility
of a change in relation to any of the points in question,
and that entertained by a large proportion of the
English
members
each house, could ever be pro-
in
ductive of any such change
;—that,
in
any attempt to
force the discipline of the church of Scotland
the church of England, the 45 Scotch
members
House of Commons, supposing them
all
upon in the
unanimous,
would have to outnumber, or some how or other subdue, the 513 English ones
;
—
that in the
House of
Lords, the sixteen Scotch members, supposing
all
lay lords indifferent to the fate of the church of
manner have
to
the
En-
to
outnumber the 26
But the Tories, who were then
in vigour, feared
gland, would in like
bishops and archbishops.
that they might not always be so, and seized that op-
portunity to fetter posterity by an act which should
be deemed irrevocable. " administration of justice in Scotland *."-—
The
This forms the subject of the 19th for
its
article,
which has
avowed object the securing the people of Scot-
land against any such encroachments as might otherwise be
made by
the lawyers of England, by the use
of those fictions and other frauds, in the use of which
they had been found so expert.
*
5
Ann.
c. 8. art. 19.
But throughout the
anno 1708.
TALLACIES OF AUTHORITV.
Sect. 1.]
whole course of
this
and uniform care
is
long
99
the most rational
article,
taken to avoid
all
such danger as
that of depriving the people of Scotland of such beneas,
fit
from time to time, they might stand a chance
of receiving at the hands of the united Parliament, by
improvements
in the
mode
of administering justice
" subject to such regulations as shall be
Parliament of Great Britain,"
is
made by
:
the
a clause over and
over again repeated. It
would have been
better for Scotland
subject of the next article, viz.
" heritable
on the
if,
offices," in-
cluding " heritable jurisdictions," the like wisdom had presided.
By
that short article, those public trusts,
together with others therein mentioned, are on the footing of "rights of property " reserved to the owners;
yet
still,
without any expression of thai fanatic
which, on the occupied
of mortal
of religion, had in the same statute
field
itself in the
man
spirit
endeavour to invest the conceits
with the attribute of immortality.
Nine-and-thirty years after,
came
the act ^ for abo-
lishing these
same
an act made
in the very teeth of the act of union.
Mark now that
is
heritable jurisdictions.
Here was
the sort of discernment, or of sincerity,
to be learnt
from Blackstone.
In a point blank violation of the articles of union, in the abolition of those heritable jurisdictions
*
which
" abolishing the heritable jurisdictions in Scotland " are so
words that stand in the
title
of
it.
Anno
II
2
1747, 20 Geo.
2. c.
43.
many
FALLACIES OF AUTHORITY.
100 it
was the declared object of one of saw nothing
to preserve, he
3.
articles (20)
to " emlange?^ the union.'^
But suppose any such opinion is
its
[67^
to prevail, as that
it
not exactly true that by the mere act of being born
every
human
tion be
being merits damnation^
('f t>y
damna-
meant everlasting torment, or punishment
in
any other shape), and a corresponding alteration were
made
in the set of propositions called the
39
articles,
the union would be " greatly endangered."
Between 20 and 30 years afterwards,
at the sug-
member of the Court
of Session,
gestion of an honest
came upon
the carpet, for the
first
time, the idea of
applying remedies to some of the most flagrant imperfections in the administration of Scottish justice
:
and thereupon came out a pamphlet from James Boswell, declaiming, tion,
in the style of school-boy
on the injury that would be done
declama-
to the people
of Scotland by rendering justice, or what goes by that
name, a
little less
that would
be
treaty, which,
to
had never looked Again, in
made
1
inaccessible to them, and the breach
made
in the
faith
plighted by that
judge from what he says of
it,
he
at.
806, when another demonstration was
of applying a remedy to the abuses and imper-
fections of the system of judicature in Scotland, every
thing that could be done in that
way was immediately
reprobated by the Scotch lawyers as an infringement
=*
Art. 9.
FALLACIES OV AUTHORITY.
Sect. ).]
of that most sacred of
sacred bonds
all
nor, for the support of the brotlierhood side of the in the
As
Tweed, was a second
—
101 the union
on the other
sight of the matter
same point of view wanting
England.
in
any such design as that of oppressing
to
:
their
fellow subjects in Scotland, nothing could be further
from the thoughts of the Englisli members for
good nor
for evil uses
neither
;
was any expense of thought
bestowed upon the matter.
The
ultimate object, as
it
soon became manilestj was the adding an item or two to the list of j)laces.
Upon that
the whole, the following
seems
the conclusion
is
to be dictated by the foregoing considera-
Every arrangement by which the hands of the
tions.
sovereignty for the time being are attempted to be tied up,
and precluded from giving existence
arrangeujent,
to
a fresh
absurd and mischievous; and, on the
is
supposition that the utility of such fresh arrangement is
sufficiently established, the existence
of a prohibitive
clause to the effect in question ought not to be consi-
dered as opposing any bar to the establishment of
True
it is,
that
all lavvsj all political institutions,
essentially dispositions for the future
fessed object of
manent sense,
them
is,
all
of them
may ;
and the proand per-
mankind.
In this
be said to be framed with a
but perpetual
is
not synonymous
with irrevocable ; and the principle on which
ought
to be,
establijhcd,
and the greater part of them is
are
to afford a steady
security to the interests of
view to perpetuity
;
it.
all
laws
i)ave been,
that iA defeasible pirpetidt)/ ; a perpc-
FALLACIES OF AUTIIORITV.
102
tuity defeasible only
comprise
alone,
is
all
3.
by an alteration of the circum-
stances and reasons on which the law
To
[Ch.
in
is
founded.
— Reason,
one word
and that
the proper anchor for a law, for every thing
name
that goes by the
of law.
At
the time of passing
his law, let the legislator deliver, in the character of
reasons, the considerations by which he was led to
the passing of
it
''.
This done, so long as in the eyes of the succeeding legislators the state of facts
on which the reasons are
grounded appears to continue without material change,
and the reasons continues
to
appear satisfactory, so long the law
but no sooner do the reasons cease to ap-
:
pear satisfactory, or the state of the facts to have un-
dergone any such change as to in the law, than
of
an alteration
in
call for
an alteration
or the abrogation
it,
it,
takes place accordingly.
A
declaration or assertion that this or that law
immutable, ensure
its
so far
is
from being a proper instrument to
permanency,
is
rather a presumption that
such law has some mischievous tendency.
The
better the law, the less
argument it;
is
any such extraneous
likely to be recurred to for the support of
the worse the law, and thence the
more completely
destitute of all intrinsic support, the
more
likely is
that support should be sought for
from
this extra-
it
it
neous source.
»
For a specimen, see the end of the
Truitis
(le
Le"id(itioH,
first
volume of Dumont's
FALLACIES OF AUTHORITY.
Sect. 1.]
But though
it is
the characteristic tendency of this
instrument to apply
good ones, there to apply itself to is
103
itself to
bad laws
preference to
in
another, the tendency of which
is
good ones
what may be termed
in preference to
justification
;
bad
:
is
this
the practice of
annexing to each law the considerations by which,
in
the character of reasons, the legislator was induced to
adopt at
it
'^
a practice which,
;
no distant
To good
interval put
if rigidly
pursued, must
an exclusion on
all
bad laws.
the framing of laws so constituted, that, being in themselves,
sufficient reasons
would be
an accompaniment of good and
should also be given for them, there
requisite, in the legislator, a probity not to
be diverted by the action of sinister interest, and telligence adequate to
in-
an enlarged comprehension and
close application of the principle of general utility
:
in
other words, the principle of the greatest happiness of the greatest number.
But
to
draw up laws without reasons, and laws
which good reasons are not
in the nature of the case
be found, requires no more than the union of
to
for
will
and power.
The man who should produce a body of good laws with an accompaniment of good reasons, would feel
an honest pride at the prospect of holding thus
bondage a succession of willing generations;
in
his
triumph would be to leave them the power, but to
*
Sec Bentham per
Cudifjaifion;
Dumont
and Ix:Ucni
to the
Traitis de Lfghhition, &c.
United States.
;
Fnpcrs on
FALLACIES OF AUTIIOKITV.
104
[Ch.
3.
deprive them of will to escape. But to the champions
of abuse, by whom, amongst other devices, the conceit of immutable laws
whatever shape is
it
played
is
presents
against reform, in
oft'
itself,
every use of reason
and
as odious as the light of the sun to moles
^
burglars.
Vou\s, or promifisorij Oaths.
2.
The
object in this fallacy
ceding
is
same
the
as in the pre-
but to the absurdity involved in the notion of
;
come
tying up the hands of generations yet to
added, in
this
sought to
l)e
case, that
made of
pronounced,
arm
that of the invisible
and
taken, the formularies involved in is
or
is
propositions^, whicli
If he
is
being
it
not the Almighty bound to do
expected of him
is
is
the use the
:
ruler of the universe.
The oath what
in
supernatural power
pressed into the service
supreme
which consists
is
is it
Of
?
you
that
not bound, then
the
tlie
two contradictory
believe
?
security, the sanction,
the obligation amounts to nothing. If he
is
Almighty
worms there
bound, then observe the consequence: is
bound; and by
t
—of
—
all
that crawl about the earth in the shape of
not one
is
on the supreme
And
whom bound
to
what
who may not
the
the
men,
thus impose conditions
ruler of the universe. is
he bound
?
to
any number of con-
tradictory and incompatible observances, which legislators, aotli,
tyrants,
be
or
madmen, may,
j>lca^c(J to assign.
in the
shape of an
SecL
FALLACIES
2.J
Eventual, is
AUTIIOKITV.
Ol-
105
must be acknowledged, and no more,
it
the power thus exercised over, the task thus im-
So long as the vow
posed upon, the Almighty. kept, there
sooner
the
is
nothing tor him to do
is
vow broken, than
;
—
his task
true
but no
:
commences
a task which consists in the inflicting on him by
vow
the
broken a punishment, which, when
is
flicted, is
;
whom
it is in-
of no use in the way of exami)le, since no-
body ever
sees
it.
The punishment, be such exactly
and
is
infallible
as,
it
may
in
tlie
be said,
when
inflicted, will
judgment of the almighty
judge, will be best adapted to the nature
of the offence.
Yes: but what offence? not
the act which the
oath was intended to prevent, for that act different, or
even meritorious; and,
if
ceremony
;
is
and the profanation
be in-
criminal, ought
to be punished independently of the oath
offence peculiar to this case,
may
:
the only
the profanation of a is
the same, whether
the act by which the profanation arises be pernicious
or beneficial. It is in vain to urge, in this or that particular in-
stance, in proof of the reasonableness of the oath, the
reasonableness of the prohibition or it is
command which
thus employed to perpetuate.
The
objection
is
to the principle itself: to
any idea
of employing an instrument so unfit to be eir.ploycd.
No
sort of security
the applying
than
to llic
it
to the
is
given, or can be given, fur
most
mo^l pernicious.
benefieicil
purpose rather
FALLACIES OF AUTHORITY.
106
On
the contrary,
is
it
more
[Ch. 3.
be applied to
likely to
a pernicious than to a beneficial purpose
;
Because, the more manifestly and undeniably beneficial
the observance of the prohibition in question
would be
likely is the prohibition to be observed,
of the oath
:
is
the
independently
on the other hand, the more
as,
the prohibition greater
more
in the eyes of future generations, the
is
likely
not to be observed otherwise, the
demand
for a security of this extraor-
dinary complexion to enforce the observance.
We come now
to the instance in which,
ceremony of
ration of the fallacy here in question, the
an oath has been endeavoured
by the ope-
to be applied to the
perpetuation of misrule.
Among
the statutes passed in the
of William and Mary,
is
one entitled "
establishing the Coronation
The form as follows
:
in
first
Oath
An Act
for
^."
which the ceremony
—By
parliament
is
performed
the archbishop or bishop,
questions are put to the monarch
;
and
is
certain
it is
answers given to these questions that the oath
of the is
com-
posed.
Of
these questions, the third
is
as follows
:
" Will
you, to the utmost of your power, maintain the laws
of God, the true profession of the Gospel, and the protestant reformed religion established by law will
?
you preserve unto the bishops and clergy of
And this
realm, and to the churches coir.mitted to their charge,
"
1
W.
arid
M.
c.
C).
anno 1088.
FALLACIES OF AUTHORITY.
Sect. 2.] all
107
such rights and privileges as by law do or shall
appertain unto them, or any of them
Answer. " All After
this,
this I
?
''
promise to do."
anno 1706, comes the Act of Union,
the concluding article of which the demise of her majesty
it is
said,
.
.
.
in
" That after
the sovereign
next succeeding to her majesty in the royal govern-
ment of the kingdom of Great hereafter, every king or
to the royal
Britain,
and so
for ever
queen succeeding and coming
government of the kingdom of Great
Britain, at his or her coronation, shall in the pre-
sence," &c. " take and subscribe an oath to maintain
and preserve
inviolate
the
said
settlement of
the
church, and the doctrine, worship, discipline and go-
vernment
thereof, as
by law established, within the
kingdoms of England and Ireland, the dominion of Wales, and town of Berwick-upon-Tweed, and the territories
A
thereunto belonging*."
notion was once started, and upon occasion
may
but too probably be broached again, that by the above clause in the coronation oath, the king stands pre-
cluded from joining in the putting the majority of the Irish
upon an equal footing with the minority,
as well
as from affording to both together relief against the
abuses of the ecclesiastical establishment of that country. In relation to this notion, the following propositions liave already,
it is
hoped, been put sufficiently out of
doubt.
*
.')
Ann.
c S. art. 25. § 8.
FALLACIES OF AUTHORITY.
108
That
1.
it
vereignty to
ought not to be
tie
up
its
own
in the
[Ch.
power of the
3.
so-
hands, or the hands of
its
successors.
That, on the part of the sovereignty, no such
2.
power can have
existence, either here or
any where
else.
That, therefore,
3.
attempts to exercise any
all
own
such power are, in their
nature, to use the tech-
nical language of lawyers, null
which
4. Another,
scarcely less clear,
will,
and void. supposed,
is
it
appear
that no such anarchical wish
is,
or expectation was entertained by the franicrs of the oath.
The
proposition maintained
that to
is,
the effect in question, the monarch
and
last clause in the oath,
assent
:
if so,
assent to any
he
is
bills,
It is plainly in
is,
any by
to
bills,
this third
precluded from giving his
equally precluded from giving his to
any proposed laws whatever.
what
called his executive,
is
and not
in his legislative capacity, that the obligation in ques-
tion
was meant
to attach
upon the monarch.
So loose are the words of the were deemed
to apply to the
tive capacity,
he might find
act,
monarch
in
that, if
they
in his legisla-
them a pretence
for
refusing assent to almost any thing he did not like. If by this third clause he stands precluded
consenting to any to abolish or vary
bill,
from
the effect of which would be
any of the " rights
" or " privileges "
appertaining to the bishops or clergy, or " any of
them," then by the
first
clause
lie
stands equally pre-
FALLACIES OF AUTHORITY.
Sect. 2.]
109
eluded from giving his concurrence to any law, the
which would be
effect of
For by
other rights.
change any
to abolish or
this
first
clause he
is
made
"solemnly" to "promise and swear to govern the people
ment agreed same."
on,
After
in parlia-
according to the statutes
.
.
..
and the laws and customs of the governing according to any new
this,
law, he could not govern according to the old law
abrogated by
it.
by any such ceremony, misrule
If,
in this
shape
could be converted into a duty or a right, so miglit in
it
any other. If
Henry VIII.
at his coronation
had sworn
to
" maintain " that Catholic " religion," which for so
many
centuries was " established by law," and by fire
and sword
keep out the Protestant
to
had been considered bound by such
and
religion,
he could
oatli,
never have taken one step towards the Reformation,
and the
religion of the state
must have been
Ca-
still
tholic.
But would you put a force upon the conscience of your sovereign
?
By any
judgment may be the
him from the
Most All
I
[)roper one,
free exercise of his
assuredly not
within as
it is
construction, which in your
out of
plead for
is,
:
my
would you preclude ?
even were
it
as completely
power.
that on so easy a condition as
may
that of pronouncing the
word
be in his power either to
make himself absolute,
any shape
to give
conscience,
continuance to misrule.
it
not
or in
FALLACIES OF AUTIIOI^ITV.
]10
Let him but resign
his
power, conscience can never
reproach him with any misuse of
seems
It
of
it.
say what can be a misuse
to
be not a determinate and persevering habit
it, if it
of using
difficult
[Ch. 3.
it
in
two houses
such a manner as in the judgment of the not " conducive," but repugnant " to
is
the utility of the subjects," with reference to
and whose
utility alone, either
whom,
laws or kings can be of
any use.
According to the form in which
any such engagement license
and
:
—
is
it
in effect either
is
conceived,
a check or a
a license under the appearance of a check,
more
for that very reason but the
efficiently
ope-
rative.
Chains to the man lie figures
in
power
with on the stage
:
?
Yes
own
— but such as
to the spectators as im-
posing, to himself as light as [possible.
the wearer to suit his
:
Modelled by
purposes, they serve to
but not to restrain.
rattle
Suppose a king of Great Britain and Ireland to have expressed
his fixed determination, in the event
of any proposed law being tendered to him for his assent, to refuse such assent,
and
this
not on the per-
suasion that the law would not be " for the
utility
of
the subjects," but that by his coronation oath he stands
precluded from so doing
:
—
the course proper to be
taken by parliament, the course pointed out by principle
and precedent would be, a vote of abdication
—a
vote declaring the king to have abdicated his
:
royal authority, and that, as in case of death or in-
FALLACIES OF AUTHORIl Y.
Sect. 2.]
now
curable mental derangement,
is
1 1 1
the time for the
person next in succession to take his place.
In the celebrated case in which a vote to
this effect
was actually passed, the declaration of abdication was in lawyers' language a fiction,
hood,
in plain truth
—and that falsehood a mockery
of his power was part with
;
it
But
the wish of
but to increase
manifest object of
part,
—
the
with respect to a
and that a principal part of the royal authority,
this,
actually declared:
utility
of the subjects," be
must of necessity
exercised, the remainder
part and for their sake, added
The
is
being such a part, without which the re-
mainder cannot, " to the
*
not a particle to abdicate, to
all his efforts.
in the case here supposed,
the will and purpose to abdicate
and
false-
maximum was
to a
it
;
James
a
be,
on
their
\
variety of the notions entertained at diiTerent periods, in dif-
ferent stages of societ}', respecting the duration of laws, presents a cu-
human weakness.
rious and not uninstructive picture of
At one time we see, under the name of king, a single person, whose will makes law, or, at any rate, without whose will no law is made; and when this law-giver dies, his laws die with him. 1.
Such was the
state of things in
Saxon times,
—such even continued
to be the state of things for several reigns after the 2.
Next
to this
comes a period
in
Norman Conquest *.
which the duration of the law,
during the life-time of the monarch to
whom
it
owed
its birth,
was
unsettled and left to chance f. 3. In the third place comes the period in which the notions re-
specting the duration of the law concur with the dictates of reason
and
utility,
not so
much from *
To
reflection as
Ric.
I.
t John, Ed.
inclusive, I
and
II.
because no occasion of a
FALLACIES OF AUTHORITY.
ll'i
[Ch. 3.
nature to suggest and urge any attempt so absurd as that of tyrannizing over futurity had as yet happened to present 4. Lastly,
itself.
upon the spur of an occasion of the
comes the attempt
human
to give eternity to
Provisional and eventual perpetuity
is
sort in question,
laws.
an attribute which,
in that
stage of society at which laws have ceased to expire with the individual legislator, is
sion
is
But
understood
to
be inherent in
all
laws in which no expres-
found to the contrary. if
a particular length of time be
the enactment of a law,
it
marked
liable to suffer abrogation or alteration, the
hands of succeeding
legislators
out, during which, in
declared that that law shall not be
is
is
determination to
tie
up the
expressed in unequivocal terms.
Such, in respect of their constitutional code, was the pretension set
up by the
first
assembly of legislators brought together by the French
revolution.
A
position not less absurd in principle, but by the limitation in
point of time, not pregnant with any thing like equal mischief, was before that time acted upon, and
still
continues to be acted upon, in
English legislation.
In various statutes, a clause
may
be found by which the statute
declared capable of being altered or repealed in the course of the session.
In this clause
cation, that a statute in
is
contained, in the
which no such clause
way is
hands by which
it
was made.
of necessary impli-
inserted
of being repealed or altered during the session,
is
same
is
not capable
—no, not by the very
Ch.
FALLACIES OF AUTHORITY.
4.]
CHAPTER
113
IV.
No-precedent Argument. Ad
verecundiam.
E.rposition.
"
The
proposition
complexion
is
of a novel and unprecedented
the present
:
surely the
is
any such thing was ever heard of
Whatsoever may happen duced, above
is
in this
time that
house."
to be the subject intro-
a specimen of the
infinite variety
forms in which the opposing predicate
To
first
may
of
be clothed.
such an observation there could be no objec-
tion, if the object
with which
to fix attention to
a new or
it
were made was only " Deli-
difficult subject
:
berate well before you act, as you have no precedent to direct
your course
:"
E.vposure.
But
in the character
for the rejection
of an argument, as a ground
of the proposed measure,
it
is
ob-
viously a fallacy.
Whether is
or no the alleged novelty actually exists,
an inquiry which
it
can never be worth while to
make.
That
it is
impossible that
it
should in any case af-
ford the smallest ground for the rejection of the mea-
sure,—~that the observation I
is
completely irrelevant in
.
FxVLLACIES OF AUTHORITY.
U.4
whether or no
relation to the question,
it is
expedient
—
a propo-
that such a measure should be adopted,
which
sition to
it
seems
this deficiency
the rejection of cated, this
nature can
by the proi)osed
is itself sufficient
warrant
to
If any such specific good
it.
must be minute indeed
it
how an
If no specific good
indicated as likely to be produced
measure,
is
conceive
difficult to
immediate assent can be refused. is
[67/. 4.
affiDrd
a
sufficient
if
is indi-
an observation of
ground for the rejec-
tion of the measure.
If the observation presents a conclusive objection against the parucular measure proposed, so against any other that ever
every measure that ever
was proposed, including
was adopted, and therein
every institution that exists at present.
ought not
that this
ought ever
else It fit
may
one,
to
to
would
it
be done,
it
If
it
proves
proves that nothing
have been done.
be urged, that,
if
the measure had been a
would have been brought upon the carpet
it
But there are several obstacles besides the
before.
inexpediency of a measure, which, for any length of time, 1
may If,
prevent
its
being brought forward.
though beyond dispute promotive of the in-
terest of the many, there be any thing in
it
that
verse to the interests^ the prejudices, or the
of the ruling few, the wonder
is,
not that
it
is
ad-
humours
should not
have been brought forward before, but that
it
should
be brought forward even now. 2.
which
If, it
in the
complexion of
it,
there be any thing
required a particular degree of ingenuity to
Ch.
FALLACIES or AUTHORITY.
4>.]
115
contrive and adapt to the purpose, this would of itself
be
sufficient to
account for the tardiness of
its
appear-
ance.
In
legislation, the birth of ingenuity is obstructed
and retarded by
dilficulties,
interest of the powerful
tions of
few
exist
in
whose hands the func-
government are lodged, the more particular
sinister interest affecting the
to
beyond any which
Besides the more general sinister
in other matters.
which any given measure,
genuity displayed in
it,
body of lawyers, in
is
one
proportion to the in-
likely to be adverse.
is
Measures which come under the head of indirect legislation,
and
in
particular those
which have the
quality of executing themselves, are the
which, as they possess most efficiency
when
measures establish-
ed, so they require greater ingenuity in the contri-
vance.
Now
them-
in proportion as laws execute
selves, in other words, are attended with voluntary
obedience, in that proportion are they efficient it is
only in proportion as they
that, to the
man
ductive; because in
fail
of being
;
but
efficient,
of law, they are beneficial and proit is
only in proportion as they stand
need of enforcement, that business makes
into the hands of the
man
of law.
12
its
way
1
PALLACIES OF AUTHORITY.
16
CHAPTER
[C/l. 5.
V.
Self-assumed Authority.
Ad
This
ignorantiam
;
ad verecundiam.
two shapes
fallacy presents itself in
:
—
An
1.
avowal made with a sort of mock modesty and caution by a person in exalted station, that ble of forming a
judgment on
such incapacity being sometimes
tended
^.
:
Open
he
is
sometimes pre-
real,
assertion by a person so situated of
the purity of his motives and integrity of his
the entire reliance which
on
may
Sect.
The
first is
and
consequently be reposed
our institutions
and a remedy proposed, ;
—up
stating
any
" to
1.
commonly played
evil or defect in
pared
life,
he says or does.
all
made
incapa-
the question in debate,
starts
a
man
to
off as follows: is
which no objection can be
high in
office,
and, instead of
specific objection, says, " I
do so and
so,
—An
pointed out clearly,
" I
am
am
not pre-
not prepared to say,"
The meaning evidently intended to be conveyed I, who am so dignified and supposed to be so capable of forming a judgment, avow myself incompe&c.
is,
" If
tent to
be
do
so,
what presumption, what
in the conclusion
truth, this is nothing else but
beating
;
folly
formed by any one
must there !
else "
In
an indirect way of brow-
— arrogance under a thin
veil
of modesty.
If you are not prepared to pass a judgment, you
;
FALLACIES OF AUTHORITY.
Sect. 1.]
117
are not prepared to condemn, and ought not, therefore,
to
oppose: the utmost you are warranted in
doing, if sincere,
to ask for a little time for consi-
is
deration.
Supposing the unpreparedness
and practical inference
is,
—say
the reasonable
real,
nothing, take no part
in the business.
A proposition for the reforming of this or that abuse in the administration of justice,
sion for the
employment of
In virtue of his is
is
the
common
occa-
this fallacy.
every judge, every law-officer,
office,
supposed and pronounced to be profoundly versed
law
in the science of the
Yes of the science of the law as it is, probably as much as any other man but law, as it ought to be, ;
:
is
a very different thing
has for
its
ought to be. But
:
real object,
to
law as
all
it
times unpre-
to join in any such design
thing of this sort having been at his interest
in question
one of those things for which
sure to be at
is
—unprepared
its
somewhat nearer
it is
this is
the great dignitary :
and the proposal
avowed, and commonly for
the bringing law as
pared
;
—unprepared
so
all
much
;
every
times contrary to as to form
any
judgment concerning the conduciveness of the proposed measure to such such point of view consider
A ject,
as to
it
its
declared object
:
in
any
has never been his interest to
it.
mind
that,
from
its first
has been applying
what are the most
its
entrance upon
whole force
effectual
this sub-
to the inquiry,
means of making
its
FALLACIES OF AUTHOiaXY.
118
profit of the imperfections of the
which of consequence the has been
affliction
all
and the ference;
—
course of
—a mind
an object of
at best, but
mind which
to
has,
indif-
throughout the whole
career, been receiving a correspondent
its
and has
bias,
;
from these sources of
along an object of complacency,
affliction itself,
a
profit
system
[Ck. 5,
consequence contracted a corre-
in
spondent distortion;
— cannot with reason be expected
much
to exert itself with
alacrity or facility in a track
so opposite and so new.
For the quiet of his career,
were
it
his conscience,
if,
his fortune to
have one, he
at the outset of will
naturally have been feeding himself with the notion, that, if there
be any thing that
cannot be otherwise
;
is
amiss, in practice
it
which being granted, and, ac-
cordingly, that suffering to a certain
amount cannot
but take place, whatsoever profit can be extracted
from
it,
is fair
game, and as such, belongs of right
first occupant among persons duly qualified. The wonder would not be great if an officer of
to
the
the
military profession should exhibit, for a time at least,
some awkwardness a surgeon's mate :
if
forced to act in the character of
to inflict
wounds
requires one sort
of skill, to dress and heal them requires another. Telephus
is
the only
man upon
record
who
possessed an
instrument by which wounds were with equal dispatch
and is
efficiency
extinct
;
made and
and
healed.
The
race of Telephus
as to his spears, if ever
any of them
found their way into Pompeii or Herculaneum, they
remain
still
among
the ruins.
~
FALLACIES OF AUTllORFrY.
Sect. 1.]
Unfortunately in
this case,
were the
I
ability to
J9
form
a judgment ever so complete, the likelihood of cooperation would not be increased. pletely deaf as those
who
None
not hear,
will
completely unintelligent as those
who
are so com-
— none are so under-
will not
stand.
Call upon a chief justice to concur in a measure for giving possibility to the recovery of a debt, the re-
covery of which sible
is in
his
own
court rendered impos-
by costs which partly go into
upon the Pope
errors of the church of
Rome.
he
will
own
his
as well might you call
If not hard pressed,
maintain a prudent and easy silence
pressed, he will let
fly
pocket,
to abjure the
a volley of fallacies
hard
;
if
:
he
will
play off the argument drawn from the imputation of
bad motives, and the party by
you of the
tell
whom
the
bill
he
into
will
the
it.
petition
If that be not suf-
transform himself in the
first
place
a witness, giving evidence upon a committee;
the next
in
expected by
was framed, and
procured, to form a ground for ficient,
profit
place,
after
multiplying
number of members necessary
port upon that evidence, he will
himself into
to hear
make a
and
re-
report ac-
cordingly.
He
will report in that character,
town a
set of
that
when
in
any
tradesmen have, on their petition, ob-
tained a judicatory in which the recovery of a debt
under ^Os. or
51. is
not attended with that obstruction
of accumulated expense by whiclj the relief wliich his judicatory professes to afford
is
always accompanied,
FALLACIES OF AUTHORITY.
120 it
[C/l. 5.
has been with no other effect than that of giving in
the character of judges effect to claims, which in the
character of witnesses
and afterwards
was
it
originally their design,
by
their practice, to give support to
perjury.
The second of these txvo devices may The Self-trumpeter s Fallacy.
Sect. 2.
By
name
this
it is
be called
not intended to designate those
occasional impulses of vanity which lead a
man to
play or overrate his pretensions to superior
Against the self-love of the
gence.
to himself
is
raised
on
intelli-
man whose
altar
ground, rival altars, from
this
every one of which he
dis-
sure of discouragement,
is
raise themselves all around.
But there are certain men
in office
who,
in discharge
of their functions, arrogate to themselves a degree of
which
probity,
inquiry
is
to exclude all imputations
their assertions are to be
:
and
all
deemed equivalent
to proof; their virtues are guarantees for the faithful
discharge of their duties fidence
is
;
to be reposed in
and the most implicit con-
them on
all
occasions.
you expose any abuse, propose any reform, securities,
inquiry, or measures to
promote
If
call for
publicity,
they set up a cry of surprise, amounting almost to indignation, as if their integrity were questioned, or their
honour wounded.
mix up
With
all
intimations, that the
this,
they dexterously
most exalted patriotism,
honour, and perhaps religion, are the only sources of all their actions.
FALLACIES OF AUTHORITY.
Sect. 2.]
Sucli assertions
121
must be classed among
fallacies,
because,
1.
they are irrelevant to the subject in dis-
cussion
2.
the degree in which the predominance
:
of motives of the social or disinterested cast
monly asserted
or insinuated,
of man, rendered impossible
:
is,
is
com-
by the very nature
3. the sort
of testimony
thus given affords no legitimate reason for regarding; the assertion in question to be true
for
;
no
it is
less
completely in the power of the most profligate than
most virtuous of mankind
in that of the
a
make such false,
nor
:
degree the interest of the profligate
less
assertions.
Be they ever
is it
man
in
to
so completely
not any the least danger of punishment does he
see himself exposed
to, at
the hands either of the law
or of public opinion.
For ascribing
to
any one of these
self- trumpeters
the smallest possible particle of that virtue which they
are so loud in the profession tional cause, than for looking
as a
of,
there
ppon
is
no more ra-
this or that actor
good man because he acts well the part of Othello,
or bad because he acts well the part of lago. 4.
On
the contrary, the interest he has in trying
what may be done by these means,
is
more de-
cided and exclusive than in the case of the real
probity and social feeling.
being what he
upon
as such
;
is,
The
man
of
virtuous man,
has that chance for being looked
whereas the self-trumpeter in question,
having no such ground of reliance, beholds his only
chance
in the conjunct efiect of
and the imbecility of
his hearers.
lii^
own
effiontery,
— I'ALLACIES or AUTHORITY.
122
These office,
assertions of authority, therefore, by
who
and not
their character
must be classed among
there be
anyone maxim
another,
it is,
that
in
by their con-
political fallacies.
If
more
certain than virtue in the
it
in politics
expedient for the governed to
dispense with good laws and good institutions
Madame
men
no possible degree of
governor can render
*
6.
would have us estimate their conduct by
their character,
duct,
[Ch.
\
de Stael says, that in a conversation which she had at
Petersburgh with the Emperor of Russia, he expressed his desire to better the condition of the peasantry, who are
still
in a state of absolute
upon which the female sentimentalist exclaimed, "Sire, your character is a constitution for your country, and your conscience is its slavery;
guarantee."
His reply was, " Quand
accident heureux."
Du- Annies
cela serait,je ne serais jamais
cVExil, p. 313.
qu'un
;
Ch.
FALLACIES OF AUTHORITY.
6.]
CHAPTER
123
VI.
Laudatory Personalities. Ad
Personalities and
in
some
of this class are the opposites,
respects the counterparts, of vitupera-
tive personalities,
order, at the
amicitiam.
which
be treated of next in
will
commencement
of the ensuing book.
Laudatory personalities are susceptible of the same
number of modifications
shown
as will be
the case of vituperative personalities the
argument
is
that the shades
so
but in this case
:
much weaker than
and modifications of
to exist in
it
in the other,
are seldom re-
sorted to, and are therefore not worth a detailed ex-
The
position.
object of vituperative personalities
to effect the rejection of a measure,
the alleged bad character of those
and the argument advanced
is,
"
on account of
who promote it The persons who
propose or promote the measure, are bad the measure
is
:
bad, or ought to be rejected."
ject of laudatory personalities
is
is
therefore
The ob-
to effect the rejection
of a measure on account of the alleged good character
who oppose The measure of those who
of those
it
"
is
vanced
is,
the virtues sition is
;
and the argument ad-
rendered unnecessary by
are in power,
—
their
oppo-
a sufficient authority for the rejection of the
measure."
TALLACIES OP AUTHORITY.
124
The argument
indeed
is
[Cll. 6.
generally confined to per-
sons of this description, and
is
than an ex-
little else
In both of
tension of the self-trumpeter's fallacy.
them, authority derived from the virtues or talents of the persons lauded
is
brought forward as superseding
the necessity of all in\ estigation.
" The measure proposed implies a distrust of the
members of His Majesty's Government but so great ;
is
their integrity, so complete their disinterestedness, so
uniformly do they prefer the public advantage to their
own, that such a measure Their disapproval tion is
;
is
is
altogether unnecessary.
sufficient to
warrant an opposi-
precautions can only be requisite where danger
apprehended
;
here, the high character of the indi-
viduals in question
is
a
sufficient
guarantee against
any ground of alarm."
The
panegyric goes on increasing in proportion to
the dignity of the functionary thus panegyrized.
Subordinates in office are the very models of duity, attention,
and
fidelity to their trust
the perfection of probity and intelligence
;
:
assi-
ministers,
and as
for
the highest magistrate in the state, no adulation
is
equal to describe the extent of his various merits.
There can be no
difficulty in
exposing the fallacy
of the argument attempted to be deduced from these panegyrics. 1st,
Tliey have the
common
character of being
relevant to the question under discussion.
sure must have something extraordinary in
judgment cannot be founded on
its
ir-
The meait,
if
a right
merits without
first
Ch.
FALLACIES OF AUTHORITY.
6.]
estimating the character of the
125
members of the Govern-
ment. 2nd, If the goodness of the measure be sufficiently established by direct arguments, the reception given to
it
by those who oppose
it,
will
form a better
criterion
forjudging of their character, than their character, (as inferred from the places which they occupy,) for judg-
ing of the goodness or badness of the measure. 3rd, If this
argument be good
equally good in every other
;
in
any one case,
and the
effect of
it is
it,
if
admitted, would be to give to the persons occupying for the time being the situation in question, lute
an abso-
and universal negative upon every measure not
agreeable to their inclinations. 4th, In every public trust, the legislator should, for
the purpose of prevention, suppose the trustee dis-
posed to break the
which
breach of principle
formed
and when
;
him
imaginable way in to reap,
to
it is
institutions
applied to
injurious to none.
is
it
is,
for
any personal advantage.
it,
on which public
minately, ference
trust in every
would be possible
it
from the
This
is
the
ought to be
men indiscriThe practical in-
all
oppose to such possible (and what
will
always be probable) breaches of trust every bar that
can be opposed, consistently with the power requisite for the efficient
and due discharge of the
trust.
In-
deed, these arguments, drawn from the supposed virtues of
ples
men
in
on which
5th,
power, are opposed to the all
first
princi-
laws proceed.
Such allegations of individual virtue are never
fALLACIES OF AUTHORITY.
125
[Ch. 6.
supported by specific proof, are scarce ever susceptible of specific disproof
;
and
fered, could not be admitted
parliament.
would
by
fall,
whom
specific disproof, if of:
viz. in either
house of
If attempted elsewhere, the punishment
not on the unworthy trustee, but on him
the un worthiness had been proved.
PART THE SECOND, FALLACIES OF DANGER, The
subject matter
shapes,
and the
of which
is
Da?iger in various
object, to repi^ess discussion altoge-
ther, by e.vciting alarm.
CHAPTER
I.
Vituperative Personalities.
Ad
To
this class
odium.
belongs a cluster of fallacies so
inti-
may first be made upon
mately connected with each other, that they be enumei'ated and some observations
them
in the
lump.
By
seeing their mutual relations
by observing in what circumstances
to each other,
they agree, and in what they
differ,
a
much more
cor-
rect as well as complete view will be obtained of
them, than
if
they were considered each of them by
itself.
The
fallacies
that belong to this cluster
denominated, 1.
Imputation of bad design.
2.
Imputation of bad character.
3.
Imputation of bad motive.
may
be
—
— FALLACIES OF DANGER.
128
[C/i. 1.
4. Imputation of inconsistency.
Imputation of suspicious connexions^
5.
ex
tiir
sociis.
Imputation founded on identity of denomina-
6.
Noscitur ex cognommibus.
tion.
Of the
common
fallacies belontrino; to this class, the
character
draw aside attention
the endeavour to
is
from the measure to the man as,
Nosci-
*
and
;
such sort
this in
from the supposed imperfection on the part of the
man
whom
by
a measure
supported or opposed, to
is
cause a correspondent imperfection to be imputed to the measure so supported, or excellence to the mea-
The argument
sure so opposed.
*
On
in its various
shapes
the subject of personalities of the vituperative kind, the fol-
lowing are the instructions given by Gerard Hamilton: they contain all he says upon the subject. I. 31. 367. p. 67. " It is an artifice to be used (but lity,
if
used by others, to be detected), to begin some persona-
or to throw in something that
and draw
II. 36. (470) p. 86. " If
your cause
(meaning, probably, the individual not the assemblage of
"
if
the party
is
the opponent.'^
noxious
;
may bring on a personal
attention of the
off the
men
of
is
point." too bad, call, in aid, the party "
who
whom
stands in the situation of party, a political party
bad, call, in aid, the cause III.
" If a person
if helpless,
contemptible
is :
altercation,
House from the main
:
if
neither
powerful, he if
is
is
is
composed)
:
good, wound
to be
made
ob-
wicked, detestable." In this
we
have, so far as concerns the head of personalities, " the whole fruit and result of the experience of
law " (says his
mors than
one who was by no means unconversantwith " and had himself sat in Parliament for
editor, p. 6),
forty years
;
.
.
.
devoting almost
all his leisure
and
thoughts, during the long period above mentioned, to the examination
and discussion of
all
and of the several
topics
the principal questions agitated in Parliament,
and modes of reasoning by which they were
either supported or opposed."
— Ch.
FALLACIF.S OF
1.]
amounts
to this
:
DANGER.
\%i^
— In bringing forward or
supportino-
the measure in question, the person in question entertains a
he
is
sure
bad design
is
bad
:
—he
bad
is
:
is
actuated by a bad motive, there-
is
bad
measure
fore the sistencies
or
therefore the measure
;
a person of a bad character, therefore the mea-
:
— he has
fallen into incon-
on a former occasion he either opposed
;
made some
observation not reconcileable with
it,
some
observation which he has advanced on the present
occasion
therefore the measure
;
bad
is
:
— he
footing of intimacy with this or that person,
man
on a
is
who
is
a
of dangerous principles and designs, or has been
seen more or less frequently in his company, or has professed or
is
suspected of entertaining some opinion
which the other has professed, or been suspected of entertaining; therefore the measure
is
bad
:
—he
bears
a name that at a former period was borne by a set of
whom
men now no
more, by
tertained, or
bad things done
is
bad principles were en;
therefore the
measure
bad.
In these arguments thus arranged, a sort of anticlimax
may be observed
;
the fact intimated by each
succeeding argument being suggested in the character of evidence of the one immediately preceding least of
or at
some one or more of those which precede
and the weaker
it,
it,
conclusion being accordingly weaker and
at each step.
The second
stantial evidence of tiie
and so on.
If the
first,
first is
is
a sort of circum-
the third of the second,
inconclusive, the rest
once to the ground.
K
fall
at
.
130
FALLACIES OF DANGER.
[Ch.
1.
E.vposure.
Various are the considerations which concur in demonstrating the in this class,
futility
of the fallacies comprehended
and (not to speak of the improbity of
whom
the utterers) the weakness of those with
obtain currency,
In the
1
—
first
they
the weakness of the acceptors.
place,
comes that general character
of irrelevancy which belongs to these, in
common
the several other articles that stand upon the
with
list
of
fallacies.
In the next place, comes the complete inconclu-
2.
Whatsoever be
siveness.
their force as applied to
a
bad measure, to the worst measure that can be imagined^ they would be found to apply with force to
all
good measures,
to the best
little less
measures that
can be imagined.
Among 658
or any such large
number of persons
taken at random, there will be persons of ters
the measure
if
:
because will
it
man ?
it is
is
a good one, will
supported by a bad
man
?
it
all
charac-
become bad If
it is
bad,
become good because supported by a good If the measure be really inexpedient, why not
at once
show
irrelevant
that
it is
so
?
— Your producing these
and inconclusive arguments
in lieu of direct
ones, though not sufficient to prove that the measure
you thus oppose
is
a good one, contributes to prove
that you yourselves regard
it
as a
good one.
After these general observations, let us examine,
more
in detail, the various
shapes the fallacy assumes.
:
FALLACIES OF DANGER.
Sect. J.J
Sect.
1.
To
begin with the Imputation of had design.
The measure itself
a bad one; for
and
if it be,
in so far as it is thus
not irrelevant and fallacious.
is
design imputed, consists not in the design of
carrying this measure, but is
not charged with being
in question is
charged, the argument
The bad
|31
some other measure, which
by necessary implication, charged with being
thus,
a bad one. Here, then, four things ought to be proved viz.
—
That the design of bringing forward the sup-
1.
posed bad measure
really entertained
is
:
2.
That this
design will be carried into effect: 3. That the measure
prove to be a bad one
will
tually
4. That, but for the ac-
:
proposed measure, the supposed bad one would
not be carried into
This
is,
distrust,
effect.
in effect, a modification
which
supposed bad measure be carried into all, it will
be treated
will shortly
But on what ground
effect
?
of the fallacy of of.
rests the supposition, that the
as such a consequence,
will,
The
be carried into
persons by
whom,
if
at
will
be, either the
legislators for the time being, or the
legislators of
some
effect,
future contingent time
:
as to the legislators for
the time being, observe the character and frame of
mind which the orator imputes
to these his
judges;-^
" Give not your sanction to this measure; for though there
may be no
particular
give your sanction to is
it,
harm
the
in
it,
yetj if
same man by whom
proposed, will propose to you others that
bad
;
and such
is
your weakness,
K
2
you do
that,
will
this
be
however bad
FALLACIES OF DANGER.
132
may
they
be,
you
will
want
[CV/. 1.
either the discernment
necessary to enable you to see them in their true
light,
or the resolution to enable you to put a negative upon
measures, of the mischief of which you are fully con-
The
vinced."
imbecility of the persons thus addressed
in the character of legislators
and judges,
quent unfitness for the situation,
On
the basis of this fallacy.
is
—
such,
their conse-
it is
manifest,
the part of these
gislators themselves, the forbearance manifested
such treatment,
—on
le-
under
the part of the orator, the confi-
dence entertained of his experiencing such forbearance,
—
aftbrd
no inconsiderable presumption of the
reality
of the character so imputed to them.
The
Sect. 2.
Imputation of had character.
inference
meant
tion of bad character
is,
to be
drawn from an imputa-
either to cause the person in
question to be considered as entertaining bad design, i.
e.
about to be concerned
in bringing
forward future
contingent and pernicious measures, or simply to destroy any persuasive force, with which, in the character of authority, his opinion is likely to be attended.
In
this last case,
it is
a fallacy opposed to a fallacy
of the same complexion, played off on the other side to
employ
weapons.
it, is
to
combat the antagonist with
In the former case,
tion oi the fallacy
it is
his
:
own
another modifica-
of distrust, of which, hereafter.
In proportion to the degree of efficiency with which
a
man suffers
upon
his
these instruments of deception to operate
mind, he enables bad men to exercise over
FALLACIES OF DANGER.
Sect. 3.]
him a
effect
Allow
with shame.
man
of any
draw you
to
force you
you
reject
it.
Is
bad
it
?
it,
eyes
is
good, to
is
bad.
Is
vituperates
its
it,
You
embrace.
rocks, because he has avoided
Give yourself up no
less in
to
?
and that
them
miss the harbour, because he has steered into
are
good
it
and, by the supposition,
—he
you into
suffices for driving
upon the
from the support
own
your own eyes
in
man embraces
the bad
power
into the
your support to any and every
to give
measure which
—
it
at pleasure
of every measure, which in your
argument the
this
of a conclusive one, you put
33
which ought to
sort of power, the thought of
cover him
J
;
split
you
it.
any such blind antipathy, you
power of your adversaries than by
the
a correspondently irrational sympathy and obsequiousness you put yourself into the power of your friends.
Imputation of bad motive.
Sect. 3.
The proposer of the measure, it is asserted, is actuated by bad motives, from whence tertains
some bad
it is
inferred that he en-
This, again,
design.
is
a moditication of the fallacy of distrust the very weakest the
human
cial, it
1
but one of
breast; 2. because, if the measure
its
author.
particular fallacy, it is
;
because motives are hidden in
.
would be absurd
motives of
which
;
no more than
is
grounded
to reject
it
But what
is
benefi-
on account of the is
peculiar to this
the falsity of the supposition on :
viz.
the existence of a class or
species of motives, to which
any such epithet as bad
can, with propriety, be applied.
What
constitutes a
— FALLACIES OF DANGER.
134 motive,
is
in itself there is nothing
from pain,
it
1.
some
the eventual expectation, either of
pleasure, or exemption from pain
tion
\Ch.
but forasmuch as
;
good but pleasure, or exemp-
follows that no motive
is
bad
in
it-
though every kind of motive may, according to
self,
circumstances, occasion good or bad actions
may
motives of the dissocial cast
But
chief of a pernicious act.
the motive gives birth,
vi^hich
measure
—
*
and
;
aggravate the misif
the act itself to the proposed
in
if,
in question, there be nothing pernicious,
it is
not in the motive's being of the dissocial class,
it is
not in
there
is
its
being of the self-regarding class,
any reason
for calling
it
—
that
Upon
a bad one.
the influence and prevalence of motives of the self-
regarding class, depends the preservation, not only of the species,
but of each individual belonging to
When, from
the introduction of a measure, a
it.
man
beholds the prospect of personal advantage in any
shape whatever
to himself,
—
say, for example, a pe-
cuniary advantage, as being the most ordinary and palpable, or, dyslogistically speaking, the most gross, -
—
it is
certain that the contemplation of this advan-
tage must have had
he pursues
measure is it
is
so
—
it
itself
some share
may have been
in causing the
The
being by the supposition not pernicious,
the worse for this advantage ?
much
conduct
the only cause.
On
the contrary,
it
the better. For of what stuff is public advan-
tage composed, but of private and personal advantage? *
See
Dumont
Traites de Legislation, torn.
Theory of Morals and Legislation.
ii.
c. 8.
ed. 2
;
Bentham,
— FALLACIES OF DANGER.
Sect. 4.]
135
Imputation of inconsistency.
Sect. 4.
Admitting the fact of the inconsistency, the utmost it
can amount
to
the character of an
in
against the proposed measure,
sumption of bad design character in a certain
argument
the affording a pre-
is,
a certain way, or of bad
in
way and
on
to a certain degree,
the part of the proposer or supporter of the measure.
Of
the futility of that argument, a view has been
already given the fallacy
That gree,
and
;
this, again,
when pushed
to a certain de-
afford but too conclusive evidence of a sort
of relatively bad character, for example,
inclining
a modification of
of distrust.
inconsistency,
may
is
is
not to be denied
if,
:
on a former occasion, personal interest
him one way (say against the measure),
guments have been urged by the person
ar-
in question
against the measure, while on the present occasion
personal interest inclining
him the opposite way,
guments are urged by him
in favour of the measure,
or
if
a matter of
denied, be
case
if
now
fact,
which on a former occasion was
asserted, or
*vice
versa,
no notice of the inconsistency
person himself, will naturally
—
ar-
the operation of
be stronger than
less satisfactory is given
if
it
—and
is
in
each
taken by the
to his prejudice
an account more or
by him of the circumstances
and causes of the variance. But be the evidence with regard to the cause of the change what it
it
may, no inference can be drawn from
against the measure unless
it
be that such inconsis-
.
FALLACIES OF DANGER.
136
tency, if established,
may weaken
[Ch.
1.
the persuasive force
of the opinion of the person in question in the character of authority
an argument of
:
this
and
in
what respect and degree
complexion
irrelevant, has
is
been
already brought to view.
Sect. 5. Imputatioji
of suspicious connexions. Noscitur ex
The
alleged
of the alleged
gument now
sociis.
badness of character, on the associate,
in question
being will
footing as the four preceding
;
admitted,
part
the
stand upon the
ar-
same
the weakness of which
has been already exposed, and will constitute only
But before
another branch of the fallacy of distrust. it
can stand on a par even with those weak ones, two remain to be established.
ulterior points 1
One,
the badness of character on the part of
is
the alleged associate. 2.
Another,
is
the existence of a social connexion
between the person
in question
and
his
supposed as-
sociate, 3.
A
mind of
third,
is,
that the influence exercised on the
the person in question
quence of the connexion he
is
such, thai in conse-
will
be induced to intro-
duce and support measures (and those mischievous ones), which otherwise he would not have introduced
or supported.
As
to the
two
first
of these three supposed
their respective degrees of probability will
the circums^tances of each case.
Of
facts,
depend on
the third, the
TALLACIKS OF DANGER.
Sect, 6.]
13.7
weakness may be exposed by considerations of a geIn private
neral nature.
sumption rience
:
the force of the pre-
by daily expe-
but in the case of a political connexion, such
as that which
same
the
life,
in question is established
is
created by an opposition to one and
political
measure or set of measures, the
presumption loses a great part, sometimes the whole, of
its
Few are which men
force.
occasion of
the political measures, on the
of
all
men of all and improbity, may
characters,
degrees, in the scale of probity
not be seen on both sides.
The mere need of
fact, is
state of
of information respecting matters
a cause capable of bringing together,
in
a
apparent connexion, some of the most oppo-
site characters.
Sect. 6.
Imputationjoimded on identity ofdenomination. Noscitur ex cognominibus.
The circumstances by which
this fallacy is distin-
guished from the last preceding,
between the person
in question
is,
that in this case
and the obnoxious per-
sons by whose opinions and conduct he
is
supposed
to be determined or influenced, neither personal inter-
course nor possibility of personal intercourse can exist.
In the
last case, his
measures were to be opposed be-
cause he was connected with persons of bad character
;
in the present,
mination as persons
own
time,
because he bears the same deno-
now no more, but who,
in
their
were the authors of pernicious measures.
In so far as a community of interest exists between
— FALLACIES OF DANGER.
138
nation, the allegation of a certain is
community of de-
Commu-
not altogether destitute of weight.
nity of denomination, however, efficient cause,
1.
community of denomi-
the persons thus connected by
signs
[Ch.
is
but the sign, not the
What
of community of interest.
have
Romans of the present day in common with the Romans of early times ? Do they aspire to recover the
the empire of the world
But when
evil
?
men of the
designs are imputed to
present day, on the ground that evil designs were entertained past,
and prosecuted by
whatsoever
may
their
one circumstance ought never this is, the
namesakes
in time
be the community of interest, to be out of
mind
:
gradual melioration of character from the
most remote and barbarous, down lime; the consequence of which ticulars the
is,
the
to
present
many
that in
par-
same ends which were formerly pursued
by persons of the same denomination are not now pursued
;
and
many
if in
others the
same ends
are
pursued, they are not pursued by the same bad means. If this observation pass unheeded, the consequences
may
be no
has been,
less is
mischievous than absurd
unalterable.
suffered to influence the
If,
that which
:
then, this fallacy be
mind and determine human
conduct, whatsoever degree of depravity be imputed to preceding generations of the obnoxious tion,
— whatsoever
fested towards
opposition
them or
denomina-
may have been mani-
their successors,
—must con-
tinue without abatement to the end of time. "
friendship immortal,
my
enmity mortal,"
is
Be my
the senti-
TALLACIES OF DANGER.
Sect. 6.]
ment ed
that has been so
warmly and so
mouth of a sage of
in the
antiquity
139
justly applaud-
but the fallacy
:
here in question proposes to maintain
its
baneful in-
fluence for ever. It
in
is
matters touching religious persuasion, and
to the prejudice of certain sects, that this fallacy has
been played off with the greatest and most pernicious In England, particularly against measures for
effect.
the relief of the Catholics, " those of our ancestors,
who, professing the same branch of the Christian
re-
which you now profess, were thence
di-
ligion as that
same some time showed themselves
name, entertained pernicious
stinguished by the designs, that for
in per-
nicious measures; therefore you, entertaining the
pernicious designs,
same
would now, had you but power
enough, carry into effect the same pernicious measures
:
—
they, having the power, destroyed by fire
and
faggot those who, in respect of religious opinions and
ceremonies, differed from them
;
therefore,
but power enough, so would you." in
Upon
had you
this
ground,
one of the three kingdoms, a system of government
continues, which does not so
much
as profess to have
in view the welfare of the majority of the inhabitants,
— a system of government in which the interest of the many
is
avowedly, so long as the government
lasts,
intended to be kept in a state of perpetual sacrifice to the interest of the few. ferences,
In vain
is it
urged, these in-
drawn from times and measures long
since
past, are completely belied by the universal experience
of
all
present time.
In the Saxon kingdom, in the
lALLACIES OF DANGER.
140
[67/. 1.
Austrian empire, in the vast and ever-flourishing empire of France, though the sovereign
soever degree of security the
is
Catholic, what-
Government allows of is
possessed alike by Catholics and Protestants. In vain is it
observed (not that to
this
purpose
observing), in vain
is it
It is
Rome
is
worth
observed, and truly observed,
the church of England continued her
church of
any
this or
other part of the history of the 17th century
had discontinued
fires after
the
hers"^;
only in the absence of interest that experience
can hope to be regarded, or reason heard.
In the
character of sinecurists and over-paid placemen, the interest of the
it
is
members of the English Government
to treat the majority of the people of Ireland
double footing of enemies and subjects the treatment which
is in
store for
them
;
on the
and such
is
to the extent
of their endurance.
Cause of the prevalence
Sect. 7.
of'
the fallacies he-
longing to this class.
Whatsoever be the nature of the several
instru-
ments of deception by which the mind is liable to the degree of be operated upon and deceived, prevalence they experience, they enjoy,
cause
:
those on
»
—depends
viz.
—
—
the degree of success
ultimately
upon one common
the ignorance and mental imbecility of
whom
Under James
they operate. In the present instance,
I.,
when,
nere burnt in Smithfield.
for
being Anabaptists or Arians, two
men
FALLACIES OF DANGER.
Sect. 7.]
141
besides this ultimate cause or root, they find in an-
other fallacy, and the corresponding propensity of the
human mind, a is
This
sort of intermediate cause.
the fallacy of authority
:
is
the corresponding propensity
the propensity to save exertion by resting satisfied
with authority.
Derived from, and proportioned
to,
the ignorance and weakness of the minds to which political
arguments are addressed,
the propensity to
is
judge of the propriety or impropriety of a measure
from the supposed character or disposition of
its
sup-
porters or opposers, in preference to, or even in exclusion
of,
its
own
intrinsic character
and tendency.
Proportioned to the degree of importance attached to the character and disposition of the author or supporter of the measure,
is
the degree of persuasive force
with which the fallacies belonging to this class will naturally act.
Besides, nothing but laborious application, and a clear
and comprehensive
on any given subject
to
intellect,
man
can enable a
employ successfully relevant
arguments drawn from the subject
personalities, neither labour nor intellect
in this sort of contest, the
most
norant are quite on a par with,
is
required
and the most
idle if
To employ
itself.
not superior
to,
:
ig-
the
most industrious and the most highly-gifted individuals.
Nothing can be more convenient
for those
speak without the trouble of thinking
;
the
who would same ideas
are brought forward over and over again, and is
required
is
to vary the turn of expression.
and relevant arguments have very
little
all
that
Close
hold on the
FALLACIES OF DANGER.
142 passions,
them
;
and serve rather
thing stimulant, whether on the praises or
him who blames.
1.
than to inflame
to quell
while in personalities, there
[C/l.
is
always some-
part of
him who
Praise forms a kind of
connexion between the party praising and the party praised,
and vituperation gives an
air
of courage and
independence to the party who blames. Ignorance and indolence, friendship and enmity, concurring and conflicting interest, servility and inde-
pendence,
all
conspire to give personalities the ascen-
The more we
dancy they so unhappily maintain.
lie
under the influence of our own passions, the more we rely
on others being affected
man who
them
often convert hear," says he to his
own
in a similar degree.
can repel these injuries with dignity
;
into triumph
:
A may
" Strike me, but
and the fury of his antagonist redounds
discomfiture.
!
Ch.
!
!
FALLACIES OF DANGER.
2.]
CHAPTER The Hobgoblin Argument,
or^
143
IT.
No
Innovation
Ad metum. Exposition.
The is
hobgoblin, the eventual appearance of which
denounced by
this
argument,
tremendous spectre has for
The forms
Innovation*
its
in
is
Anarchy ; which
forerunner the monster
which
this
monster
may
be denounced are as numerous and various as the sentences in which the word innovation can be placed.
" Here
it
comes
" exclaims the barbarous or un-
thinking servant in the hearing of the affrighted child,
when, to
rid herself of the
burthen of attendance, such
servant scruples not to employ an instrument of terror,
may
the effects of which it
comes
" is the cry
but the more
Of fects,
terrific
" Here
life.
and the hobgoblin
rendered
is
by the suppression of
its
name.
a similar nature, and productive of similar is
ef-
the political device here exposed to view.
As an instrument rally
;
continue during
of deception, the device
is
gene-
accompanied by personalities of the vitupera-
tive kind.
Imputation of bad motives, bad designs,
bad conduct and character, &c. are ordinarily cast on the authors and advocates of the obnoxious measure whilst the term tion in dispute.
employed
is
;
such as to beg the ques-
Thus, in the present instance,
i7ino-
— FALLACIES OF DANGER.
144
[C/t. 2.
means a bad change, presenting
vation
to the mind,
besides the idea of a change, the proposition, either that change in general
is
a bad thing, or at least
the sort of change in question
is
tliat
a bad change.
Exposure. All-comprehensiveness of the condemnation passed by this
This
one of the many cases
is
in
which
upon the face of the argument
it is
Whatever reason
affords for looking
it
proposed measure, be mischievous, ing the
it
say
new
all
diffi-
same reason
itself.
upon the
may, as about
same opinion of every thing
To
sent.
what
it
affords the
it
is
argument more
cult to render the absurdity of the
glaring than
it
fallacy.
to be
for entertain-
that exists at pre-
things are bad,
is
as
much
as
to say all things are bad, or, at any event, at their
commencement or heard
of,
Whatever
is
He who sure,
for of all the old
:
there
now
on
establishment was once innovation.
this
condemns,
ground condemns a proposed mea-
in the
would be most averse
He condemns
same
breath, whatsoever he
to be thought to disapprove.
the Revolution, the Reformation, the
assumption made by the House of in the
the institution of the
Henry HI.,
Commons
of a part
of
Henry VI.,
House of Commons
itself in the
penning of the laws
reign of
things ever seen
not one that was not once new.
is
—
all
in the reign
these he bids us regard as
sure forerunners of the monster Anarchy, but particularly the birth
and
Commons; an
first efiicient
agency of the House of
innovation, in comparison of which
all
I'ALLACIKS OF
Sect. 2.]
DANGKR.
1
i5
are for efficiency, ami conse-
Others, past or future,
quently iiiischievousness, but as grains of dust in the balance.
Sect. 2.
AppreJicnaion of mischieffrom cJiangc, what jouniJation
A
has in
it
trulJi.
circumstance that gives a sort of colour to
use of this fallacy
that
is,
tlie
can scarcely ever be found
it
without a certain degree of truth adhering to
it.
Sup-
posing the change to be one uhicl) cannot be effected without the interposition of the legislature, even this
circumstance
is
sufficient
to
attach to
The words
quantity of mischief.
it
a certain
necessary to
com-
mit the change even to writing cannot be put into that form without labour, importing a proportional
quantity of vexation to the head employed in
labour and vexation,
if
paid for,
the operation of the press, as it
is
When
and productive of expense. it
Here, then,
is
so
wliich
disseminated by
always must is
ulterior vexation
much unavoidable
;
compensated by
can be productive of whatever effect
becomes productive of
it
be, before
aimed
at, it
and expense.
mischief, of which
the most salutary and indispensable change cannot fail to
be productive
:
to this natural
and unavoidable
portion of mischief, the additions that have been in the
made
shape of factitious and avoidable mischief of the
same kind are such
as have sufficient claim to notice,
but to a notice not proper for this place.
Here, then, we have the minimum of mischief^
L
PALLACIES OF DANGER.
\46
which accompanies every change
mum
of miscliief we have the
which
and
minimum
in
of truth with
against exposure, from a
it
2.
mini-
tliis
accompanied, and which
this fallacy is
ficient to protect
;
[Ck.
is
suf-
flat
and
undiscriminating denial. It is chief,
seldom, however, that the whole of the mis-
with the corresponding portion of truth,
fined within such
is
con-
narrow bounds.
Wheresoever any portion, however great or small, of the aggregate mass of the objects of desire in any shape,
— matter — whether
of wealth, power, dignity, or even re-
putation spect, in
^and
;
in possession or
only in pro-
and that ever so remote and contingent, must,
consequence of the change, pass out of any hand
or hands that are not willing to part with
it,
—
viz.
either without compensation, or with no other than
what, in their estimation, have, in
some shape
uncompensated
:
so
is
insufficient,
—
here
we
or other, a quantity of vexation
much
vexation, so
much
mischief
beyond dispute.
But
in
one way or other, whether from the
total
omission of this or that item, or from the supposed
inadequacy of the compensation given for its
it,
or from
incapacity of being included in any estimate, as in
case of remote and but weakly probable as well as contingent profits,
it
will
not unfrequently happen that
the compensation allotted in this case shall be inadequate, not only to the desires, but to the imagined rights of the party
from
whom
the sacrifice
is
exacted.
FALLACIES OF DANGER.
Sect. 2.]
147
In so far as such insutiicicncy appears to himself to
he
exist,
will feel
of which
deficiency, to in his
himself urged by a motive, the force
be in proportion to the amount of such
will
oppose the measure
eyes such motive
is
:
and
in so far as
to be displayed,
fit
constitute
what
what
be received in that character by
will
language
in his
it vvill
be reason., and
will
all
other
persons in whose estimate any such deficiency shall
appear to
exist.
So
far as
any such deficiency
cifically alleged in the
character of u reason,
a relevant and
argument
si)ecific
the account of fallacies tutes a just reason at
any rate
for
motive to view, the alleged in his
a
will
if it
it,
argument
;
and belongs not
shape,
man
in
viz.
interest
them
is
bear the test of inquiry, then, failing him,
he will betake him-
He
it.
to bring to his aid all
own
I
will set
hoping by
whose
sinister
and
to engajje
and the unreflecting multitude
to believe,
that the change in question in
But when
it.
eventual injury will not, even
connected with his
to say,
that of a
of course present his
up the cry of Innovation! Innovation
watchword
to
compensation thus shown
self to the general fallacy in lieu of
this
forms
well founded, consti-
be susceptible of
damage and
own view of
this specific
to the
xA.nd in this
argument,
if
it
spe-
not for quashing the measure,
if
adding
to be deficient. specific
—
and,
;
is
is
which the mischief attached
of the to
it
;
number of those is
not accompa-
nied by a preponderant mass of advantage.
L 2
— FALLACIKS OV DANGER.
148
Sect. 3.
[67/.
'J.
ihe hmovator-general, a counter-Jat-
Ti7Jie
Incy.
Among law,
the stories current in
tlie
when
that of an attorney, who,
is
plied to
him
profession of the his client ap-
for relief against a forged bond, advised
him, as the shortest and surest course, to forge a release.
Thus, as a shorter and surer course than that of
make men
attempting to this fallacy
may
now and
has been every
be termed
then
The inference
is,
met by what
Time
counter-fallacy.
its
arch-innovator.
branded as
sensible of the imposture,
itself is the
the proposed change,
has thus been by the odious appellative
it
of innovation,
is
in
fact
no change
;
its
sole effect
being either to prevent a change, or to bring the matter
back
to the
good
This counter-fallacy,
which
state in if
such
it
formerly was.
may be
it
termed, has
not, however, any such pernicious properties or con-
sequences attached to
fallacy
:
one
is,
it
a just
that
as
Two
cated by that name.
concur in giving
it
it
may
be seen to be indi-
circumstances, however,
title
to the appellation of
the particular measure in hand, and on
may be
set
down
a
has no specific application to
as irrelevant
sort of implied concession
;
and
that score
the other, that by a virtual admission,
it
gives colour and countenance to the fallacy to which it
is
opposed
:
admitting by implication, that
if
the
appellation of a change belonged with propriety to
the proposed measure,
it
might on that single account
with propriety be opposed.
FALLACIES OF DANGER.
Sect. 3.]
A
few words, then, are now
mask from
sufficient to strip the
No specific
this fallacy.
149
mischief, as likely
to result from the specific measure,
is
alleged
if it
:
were, the argument would not belong to this head.
Wiiat
is
alleged
nothing more than that mischief,
is
without regard to the amount, would be
But
results of this measure.
among
the
no more than can
this is
be said of every legislative measure that ever did pass or ever can pass.
arguments,
common
is
it
then,
If,
an argument that involves
condemnation
ever, past,
be to be ranked with
it
and
present,
come
to
;
one
in
measures whatso-
all political
it
passes ccftidem-
nation on whatsoever, in this way, ever has been or
ever can be done, in
places as well as in
all
all
times.
Delivered iVom an humble station, from the mouth of
an old
woman
by her gossip the labours of
beguiling
the spinning-wheel in her cottage,
simple and ordinary ignorance
:
—
it
might pass for
delivered from any
such exalted station as that of a legislative house or judicial bench, from such a quarter,
garded as sincere,
it
is
if it
can be
re-
a mark of drivelling rather
than is^norance.
But
it
demn all all new
may
be said, "
My
meaning
change, not to condemn laws,
all
new measures,
dangerous ones, such as that
is
pai-s
line,
you do by
is
not to coninstitutions,
violent
and
now proposed."
or attempting to
draw
this indiscriminating appellative
condemnation on
ii'hicli
new
—only
which
The answer is: Neither drawing any
all
is
all
any such epithet as
change 7iezv
;
on every thing to
can with propriety be
EALLACIF.S OF
150
Draw any
applied.
such
DANGER.
[67/. 2.
and the reproach of
line,
insincerity or imbecility shall be withholden
your it,
line
or so
;
remember
but
much
draw
as begin to
:
draw
whenever you do draw
that
it,
you give up
this
your argument. Alive to possible-imaginable ones,
— eagle-eyed
and insensible
evils,
dead
actual
to
future contingent evils,
to
to all existing ones,
— such
is
blind
the cha-
racter of the mind, to which a fallacy such as
can really have presented
itself in
this
the character of
an argument possessing any the smallest claim
To
notice.
such a mind,
that,
to
by denial and sale
of justice, anarchy, in so far as concerns nine-tenths of the
people,
blished,
and that
—
is
actually
by
force of law
esta-
only by the force of morality,
it is
of such morality as
all
the punishments denounced
against sincerity, and
all
the reward applied for the
encouragement of
insincerity,
banish, that society
is
have not been able to
kept together
;
—
that to
draw
into question the fitness of great characters for their
high situations,
is in
one
man a crime,
while to question
their fitness so that their motives remain unquestioned is
lawful to another;
—that the crime called
libel re-
mains undefined and undistinguishable, and the of the press rity
is
which would be afforded
blishment of a licenser tation,
liberty
defined to be the absence of that secu-
a government
;
—
shall
to writers
that under a
by the esta-
show of
limi-
be in fact an absolute one,
while pretended guardians are real accomplices, and at the
nod of a king or a minister by a regular trained
;
FALLACIES OF DANGER.
Sect. 4.]
body of votes black riage, success
;
151
be declared wliite
shall
mortality, health
miscar-
;
disgrace, honour
;
and notorious experienced imbecility, consummate skill
;
—
to
such a mind, these, with other
less in extent
and number, are either not seen
in existence, or not felt to
the horror of innovation to
which the body
And
n]ay be the
of
all
a
as really a disease as any
man
is
it
is
for
it,
seated
is
exposed.
afflicted with
good, which,
demand
to be
In such a mind,
be such.
is
which
in
in proportion as
enemy
the
bound-
evils
he
it,
how urgent
is
soever
remains as yet to be done;
nor can he be said to be completely cured of
it, till
he shall have learnt to take on each occasion, and without repugnance, general and, to judge of whatever ter
utility for the
is
general end,
proposed, in the charac-
of a means conducive to that end.
Sect. 4. Sinister interests in
which
this fallacy
has
its
source.
Could the wand of
that magician be
borrowed at
whose potent touch the emissaries of his wicked antagonist threw off their several disguises, instant confession of their real character
-—could a few of those ravens by novation
is
whom
and made
and designs; the
uttered with a scream of horror,
word
and the
approach of the monster Anarchy denounced, touched with racter,
it,
we should then
and have the
in-
— be
learn their real cha-
true import of these screams
translated into intelligible language. 1
.
I
am
a lawyer (would one of them be heard to
152
.
FALLACIES 0¥ DANGEII.
who, considering that the money
sa^), a fee-fed judge, I lay up, the
power
[C7/. 2.
I
exercise,
and the respect and
reputation I enjoy, depend on the undiminished con-
tinuance of the abuses of the law, the factitious delay,
vexation and expense with which the few
money enough
from that chance,
men from which my 2.
I
—
many who have
attempting to alleviate those torments in comforts have their source.
am
a sinecurist (cries another), who, being
have never been able to open
nounce any
articulate
sound
vet, hearing a cry of "
join in the shout of
innovators
!"
in
*'
No
No
I
bought
tiian honesty,
my mouth
for
and pro-
any other purpose,
sinecures !"
innovation
!
am come
down
to
with the
hopes of drowning, by these defensive
sounds, the offensive ones which chill
3.
in
a year, public money, for
doing nothing, and having no more wit
make me
not, are cut
take this method of deterring
the receipt of 38,000/.
—
liave
pay for a chance of justice are
to
loaded, and by which the oft"
who
my
blood and
tremble.
am my
a contractor (cries a third), who, Iiaving seat that I
turn for them,
may
sell
my
votes
;
and
in re-
being in the habit of obtaining with
the most convenient regularity a succession of good jobs, foresee, in the prevalence of innovation, the destruction
and the
ruin of this established branch of
trade. 4.
I
am
a country gentleman (cries^a fourth), who,
observing that from having a seat in a certain assembly a
man
enjoys more respect than he did before, on
"
"
FA LAC IKS OF DANGt^lJ.
Sect. [.]
133
I,
the turf,
the dog-kennel, and in
ill
the stable, and
me
having tenants and other dependents enough to seat against their wills for a place in which
and hearing
it
that
said
if
pretence,
— have
" Tally-ho
the
detested,
innovation were suffered
No I
!"
and
Anarchy
am
Pope
for
left '*
!
a day or two
Hark forward "
"
No
a priest (says a to
I" to
innovation tifth),
in
time
appearance and
to be as free in reality as they are in
5.
am
on unopposed, elections would come
to run
of "
I
tiie
join in
cry tiie
of cry
!
who, having proved
be Antichrist to the satisfaction of
Orthodox divines whose piety prays
all
for the cure of
whose health has need of exoneration from the burthen of residence and having read, in my
souls, or
;
edition of the Gospel, that the apostles lived in palaces, whicli innovation
to parsonage-houses,
ing out, "
caster!"
change, the tion
full !
No and
am
and anarchy would cut down
though grown hoarse by scream-
reading !" "
"No
No
popery!"
writing !" "
—
for
fear
here to add what remains of
chorus of
"No
Anarchy'"
No
Lan-
of coming
my
"No
voice to
Innova-
:
FALLACllib or DANGEK.
154
CHAPTER
[Ch,
3.
III.
Fallacy of Distrust, o)\ JVhafs at the bottom?
Ad
nietum.
E.vposition,
Tins argument may be
considered as a particular
modification of the No-Innovatioti argument.
rangement or
set
An
ar-
of arrangements has been proposed,
so plainly beneficial, and at the same time so manifestly innoxious, that
no prospect presents
itself
of
bringing to bear upon them with any effect the cry
of No innovation. Is the anti-innovationist mute? no
he has
this resource
he) there
may
pend upon
it,
:
— In what
you see as yet (says
perhaps be no great m.ischief ; but dein
the quarter from
whence these pro-
posed innoxious arrangements come, there are more behind that are of a very different complexion
;
if
these innoxious ones are suffered to be carried, others
of a noxious character will succeed without end, and will
be carried likewise. Ea:posure.
The
absurdity of this argument
is
too glaring to be
susceptible of any considerable illustration from any
thing that can be said of 1.
In the
first
place,
it.
it
begins with a virtual ad-
mission of the propriety of the measure considered in itself;
and
thus, containing within itself a
demonstra-
Ch.
FALLACIIS
3.]
don of
own
its
futility,
very ground which
from
ment a of
it
endeavouring to it is
the
it
make:
yet,
apt to derive for the mo-
By
certain degree of force.
the monstrosity
weakness, a feeling of surprise, and thereupon
its
of perplexity,
is
apt to he produced
this feeling continues, a ditiiculty
answer continues with
priate
itself nothing,
If
2.
\55
up from under
cuts
it
is
very weakness,
its
1)ANGF^I{.
Ol"
and so long as
of finding an appro-
For that which
it.
what answer (says a man) can
two measures,
G
forward at the same time, rejecting
G
enough
and at
;
:
because first
B
is
I find
is ?
and B, were both brought
G
being good and
B
bad,
bad would be quite absurd
view a
man
n)ight be apt to sup-
pose that the force of absurdity could go no further.
But the present ther
:
fallacy does in etfect go
much
— two measures, both of them brought upon
fur-
the
carpet together, both of them unobjectionable, are to
be rejected, not for any thing that
is
amiss in either
of them, but for something that by possibility
found amiss
knows
of,
in
some other or
others,
that
may be nobody
and the future existence of which, without
the slightest ground,
is
to be
assumed and taken
for
granted.
In the field of policy as applied to measures, this vicarious reprobation forms a counterpart to vicarious
punishment
in the field of justice, as
applied to persons.
The measure G, which is good, is to be thrown out, we can be sure of, some day or other it may happen to be followed by some other measure B; which njay be a bad one. A man A, agains because, for aught
;
FALLACIES OF DAMGEK.
156
whom
there
neither evidence nor charge,
is
punished, because, for aught
we can be
may be some
time or other there
have been
[C/l. 3.
other
to be
is
some
sure of,
man who
will
guilty.
If on this ground
it
be right that the measure
in
question be rejected, so ought every other measure that ever has been or can be proposed
:
measure can anybody be
may be
lowed by some
sure, but that
it
no
for of
fol-
other measure or measures, of which,
when they make
their appearance,
may be
it
said that
they are bad. then, the
If,
argument proves any
thing,
it
proves
that no measure ought ever to be carried, or ever to
have been carried
;
and
that, therefore, all things that
can be done by law or government, and therefore law
and government themselves, are nuisances. This policy
Herod
in
is
exactly that which was attributed to
the extermination of the innocents
and
;
man by whom an argument of this sort employed, is the sort of man who would have
the sort of
can be
acted as Herod did, had he been in Herod's place.
But
think, not only
who can
what
sort of
man he must
bring himself to employ such an argument
but moreover, what sort df men they must be to
he can venture to propose it
make any
to
it
;
on
whom
in effect,)
" Such drivellers," (says he to
" such drivellers are you, so sure of
being imposed upon, by any one that that
whom
he can expect
impression, but such a one as will be
disgraceful to himself.
them
be
you know not the
distinction
will
attempt
it,
between good and
Cti. 3.]
bad
FALLACIES OF DANGER.
and when
:
at the suggestion of this or that
157
man
you have adopted any one measure, good or bad, but that same sures,
and
man
let
propose any number of other mea-
whatever be their character, ye are such idiots
fools, that
without looking at them yourselves, or
vouchsafing to learn their character from others, you will
adopt them
wrapt up
in
a lump."
in this sort
Such
of argument.
is
the compliment
FALLACIES OF DANGER.
L58
CHAPTER
IV.
Malefactor
Official
\C//. 4.
s Screen.
Ad metum. "Attack
us,
you attack Governnient."
E.Tposition.
The
fallacy here in question
is
employed almost
as often as, in speaking of the persons hy
whom,
or
of the system on which, the business of the Govern-
ment
is
conducted, any expressions importing con-
demnation or censure are sists in affecting
to
censure as being,
if
The
uttered.
consider such condemnation or not in design, at least in tendency,
pregnant with mischief to government pose us, you oppose Government
tempt, you
bring
Government
"
Op-
" Disgrace us,
;"
into
—
into con-
contempt
;
and
war are the immediate conse-
civil
Such are the forms
quences."
itself:
"Bring us
you disgrace Government;" anarchy and
fallacy con-
it
assumes.
E.vposure.
Not
ill-grounded^
importance or for
ot this
whom
it is
most assuredly,
maxim
employed,
it
it
the alleged
must be admitted
well worth whatsoever pains can be
ing
is
to the class of persons
:
employed
in
by
to be
deck-
out to the best advantage.
Let but
this
partaking, or
notion be acceded
who may
at
to, all
any time be
persons
now
likely to par-
FALLACIES OF DANGER.
Ch. 4.]
take, in the business
every one of
its
and
159
of misrule, must,
profit
in
shapes, be allowed to continue so to
do without disturbance
all
:
abuses, as well future as
The most
present, must continue without remedy.
industrious labourers in the service of
mankind
will
experience the treatment due to those to whose dissocial or selfish nature the happiness of
virtue
;
is
an ob-
Punishment, or at
ject of aversion or indifference. least disgrace, will
man
be the reward of the most exalted
perpetual honour, as well as power, the reward
of the most pernicious vices.
Punishment
and so by English
at this day,
libel-law
it is
will
—
be,
let
but
the criminal be of a certain rank in the state, and the
mischief of the crime upon a scale to a certain degree extensive,
— punishment
will be,
who complains
mits a crime, but for him
who com-
not for him
of
it.
Go-
So l&ng as the conduct of the business of the vernment contains any thing amiss it
contains in
—
it
of absolute perfection,
clearing
it
it
it,
—
so long as
any thing that could be made
so long, in a word, as
of bringing
in
it
—
better,
continues short of a state
there will be no other
nearer to perfection, no other means of
of the most mischievous abuses with which
Government can be
defiled,
than the indication of
such points of imperfection as at the time being or are supposed to exist in
it,
— the conduct of
viduals by
business of
whom
in
exist,
which points of imper-
fection will always be referable to
heads:
mode
one or other of two
this or that
one of the
indi-
such or such a department the
Government
is
conducted
;
or the state of
lALLACIIvS OF DANGER.
160
[67/. 4.
the system of administration under which they act.
system
nor in the con-
But neither
in the
duct of
persons in question, can any imperfection
tlie
in question,
be pointed out, but that, as towards such persons or such system, in proportion to the apparent imj)ortance
and extent of that imperfection, aversion or contempt
must In in
in
a greater or
effect, this
less
fallacy
degree be produced. is
mode
but a
other words, that no abuse ought
of intimating
be reformed
to
:
that nothing ought to be uttered in relation to the
misconduct of any person
which may produce
in office,
any sentiment of disapprobation. In this country at
least, few, if
any persons, aim at
any such object as the bringing into contempt any of those offices on the execution of which the maintenance
of the general security depends; for example, as that of king,
or judge.
"The
As
—any
member
such
office,
of parliament,
to the person of the king, if the
maxim,
king can do no wrong," be admitted in both
its
no need of imputing blame
to
senses, there can be
him, unless in the
way of defence against
the impru-
dence or the improbity of those who, by groundless or exaggerated eulogiums on the personal character
of the individual monarch on the throne, seek to extend his power, and to screen from censure or scrutiny the
But
misconduct of
in the instance
his agents.
of any other
office, to
every thing, the tendency of which officer to hatred
or contempt,
is
is
to
reprobate
expose the
to reprobate every
thing that can be said or done, either in the
way of
FALLACIES OF DANGKR.
Sect. 2.]
\6\
complaint against past, or for the purpose of preventing future transgressions;
the tendency of which
hatred
to reprobate every thing that
can be
done towards pointing out the demand
for re-
how
form,
to reprobate every thing
expose the
office to
or contempt, said or
—
is
to
is
needful soever, in the constitution of the
office.
in the constitution of the office in respect of
If,
mode
of appointment,
mode
of remuneration, &c.,
there be any thing that tends to give in
it
an interest acting
in
all
persons placed
opposition to
official
duty,
or to give an increased facility to the effective pursuit
of any such sinister interest, every thing that tends to bring to
view such sinister
contributes,
it
may
interest, or
be said, to bring the
such
facility,
office itself into
contempt.
That under the as concerns is,
its
existing system of judicature, so far
higher seats, the interest of the judge
throughout the whole held of
state of constant line of his duty
;
his jurisdiction, in
and diametrical opposition
—
that
it is
his interest to
a
to the
maintain
undiminished, and as far as possible to increase, every evil
opposite to the ends of justice,
delay, vexation and expense to these evils
has at
;
—
times been
all
viz.
uncertainty,
that the giving birth
more or
less
an
object with every judge (the present ones excepted, of
whom we
sav notliins) that ever sat on a Westminster
hall bench,
the office
it
and that under the present constitution of were weakness to expect at the hands of
a judge any thing better
;
— M
whilst, that of the above-
;
FALLACIES OF DANGER.
162 mentioned
evils,
the load which
the people of this country, only, the natural
is
actually endured by
as to a very small part
is,
and unavoidable
— are propositions
[C/l. 4.
lot
of
human
which have already
in
nature
this
work
been made plain to demonstration, and in the belief of which the writer has been confirmed by the observations of nearly sixty years is
he
own
is
of his
— propositions of
the truth
no more able to entertain a doubt than
of which he
But
;
existence.
in these sentiments,
to see enfeebled
has he any such wish as
and exposed
to effectual resistance
the authority of judges? of any established judicatory?
of any one occupier of any such judicial seat
?
No
:
the most strenuous defender of abuse in every shape
would not go further than he casion in exertion, for
its
in wishes,
and upon oc-
support.
For preventing, remedying, or checking transgression on the part of the
preventing their
members of Government, or
management of
the business of
vernment from becoming completely
Go-
arbitrary, the
nature of things affords no other means than such, the
tendency of which, as far as they go,
is
lower either
to
these managing hands, or the system, or both, in the affection
and estimation of the people
when produced
in
a high degree,
:
which
may
effect,
be termed
bringing them into hatred and contempt.
But so
far is
it
from being true that a man's aver-
sion or contempt for the hands by which the powers
of Government^ or even for the system under which they are exercised,
is
a proof of his aversion or con-
FALLACIKS OF DAXGEU.
Sect. 2.]
tempt towards Government
\6'5
even
that,
itself,
in pro-
portion to the strength of that aversion or contempt, it is
a proof of the opposite affection.
What
in con-
sequence of such contempt or aversion he wishes not that there be no hands at
is,
may
powers, but that the hands
— not all,
for,
to exercise these
all
be better regulated
;
that those powers should not be exercised at
but that they should be better exercised
them, no rules at
that, in the exercise of
all
;
—not
should be
pursued, but that the rules by which they are exercised should be a better set of rules.
All government
ment
is
to be
:
a trust; it is
is
a trust
every branch of govern-
;
and immemorially acknowledged so
only by the magnitude of the scale that
public differ from private trusts. I
complain of the conduct of a person
in the
cha-
racter of guardian, as domestic guardian, having the
care of a minor or insane person.
say that guardianship
is
In so doing, do I
a bad institution
doing I
me
it
of so
?
complain of an individual
in
the character of a
commercial agent, or assignee of the solvent.
agency in the
Does
?
enter into the head of any one to suspect
is
effects
of an in-
In so doing,
do
a bad thing
that the practice of vesting
?
say that commercial
I
hands of trustees or assignees the
effects
insolvent for the purpose of their being divided his creditors,
is
a bad practice
ceit ever enter into the
pecting
me
?
of an
among
Does any such con-
head of man, as that of sus-
of so doing?
M
'2
FALLACIES OF DANGEIJ.
164
[C/i. 4.
I complain of an imperfection in the state of the
law relative to guardianship. In stating imperfection in the state of the law
supposed
this
itself,
do I say
no law on the subject ?
that there ought to be
no human being ought
to
that of guardian over the person of any other it
ever enter into the head of any
me
suspect
so
much
that
have any such power as
human
?
Does
being to
as of entertaining any such per-
suasion, not to speak of endeavouring to cause others to entertain it?
Nothing can be more groundless than
to suppose
that the disposition to pay obedience to the laws by
which security tion
in respect of person, property, reputa-
and condition
in life is afforded, is influenced
any such consideration as that of the
fitness
by
of the
several functionaries for their respective trusts, or even
so
much
as
by the
fitness
of the system of regulations
and customs under which they
act.
The chief occasions in which obedience on the part of a member of the community in his character of subject tual
is
upon
called
payment of
to manifest
taxes,
of courts of justice
:
itself,
are the habi-
and submission
to the orders
the one an habitual practice, the
other an occasional and eventual one.
But
instance in the disposition to obedience, tion
in neither
any
produced by any increase or diminution
good or cial
is
ill
is
in the
opinion entertained in relation to the
persons by
ments
varia-
whom
offi-
the business of those depart-
respectively carried on, or even in relation to
the goodness of the systems under which they act.
>
FALLACIES OF DANGER.
Sect, 2.]
Were
the business of
so mucli worse than
Government
Government still it is
it is,
in its several
165
on ever
carried
from the power of
man
branches that each
re-
ceives whatsoever protection he enjoys, either against foreign or domestic adversaries.
own
his regard for his
and not by
security,
either for the persons by
It is therefore
whom
by
his respect
or the system accord-
ing to which those powers are exercised, that his wish to see
obedience paid to them by others, and his
them
position to pay obedience to
dis-
himself, are pro-
duced.
Were it even his own obedience, that effectual, unless
cient
wish to withhold from them his wish cannot but be altogether in-
and
until
he shall see others in
number disposed and prepared
of them his
own obedience
can only arise from a
;
to withhold
suffi-
each
a state of things which
common
sense of overwhelming
misery, and not from the mere utterance of complaint.
There
is
plain, in
no freedom of the
Turkey
;
yet of
press,
all
no power
countries
to
is
it
com-
that in
which revolts and revolutions are the most frequent
and the most
Here and
violent.
there a
man
of strong appetites, weak
understanding, and stout heart excepted,
it
might be
affirmed with confidence that the most indigent and
most ignorant would not be
foolish
enough
to wish to
see a complete dissolution of the bonds of govern-
ment. In such a state of things, whatsoever he might expect to grasp for the moment, he would have no assured hope of keeping.
Were he
ever so strong,
;
166
FALLACIES OP DANGER.
his strength,
he could not but see, would avail him
[Ck. 4.
nothing against a momentarily confederated multitude
nor
;
in
one part of
a swifter
his field against
in-
dividual ravaging the opposite part, nor during sleep
against the weakest and most sluggish
and
:
for the
purpose of securing himself against such continually
impending
disasters, let
him suppose himself entered
into an association with others for mutual security
he would then suppose himself
under a
living again
government.
sort of
Even
the comparatively few who, for a source of
subsistence, prefer depredation to honest industry, are
not
less
dependent for their wretched and ever palpi-
tating existence than the honest for theirs,
and industrious are
on that general security
tice creates exceptions.
what
his rapacity
it
Be
the
to
which
their prac-
momentary object of
may, what no one of them could
avoid having a more or less distinct conception that
it
could not exist for him further than
it is
of, is,
secured
against others.
So can
far is
it
from being true, that no Government
exist consistently with such exposure,
Government can
exist without
no good
it.
Unless by open and lawless violence, by no other
means than lowering
in the estimation of the people
the hands by which the powers of exercised,
if
unfitness of the hands
under which they in
Government
are
the cause of the mischief consist in the ;
or the system of
act, if the
the system, — be
management
cause of the mischief
lie
the hands ever so unfit, or the sy-
FALLACIES OF DANGER.
Sect. 2.]
Stem ever so ill-constructed,
—can
\67
there be any hope
or chance of beneficial change.
There being no
sufficient
reason for ascribing even so foolish as that of
to the worst-disposed
any
seeing the bonds of
Government
vvish
dissolved, nor
on
the part of the best-disposed any possibility of contri-
buting to produce change, either in any ruling hands
deemed by them
unfit for their trust, or
deemed by them ought to be
ill
of the system
adapted to those which are or
ends, otherwise than by respectively
its
bringing into general disesteem these objects of their
disapprobation,
imputation error,
if it
—
there cannot be a
or viler artifice, if it
be
more unfounded
artifice,
or grosser
be error, than that which infers from the
disposition or even the endeavour to lessen in the es-
timation of the people the existing rulers, or the existing system,
any such
vvish
as that of seeing the
bands of Government dissolved. In producing a local or temporary debility action of the powers of the natural body, in cases, the
honest and
only means of cure cian
who
:
skilful
in
the
many
physician beholds the
and from the act of the physi-
precribes an evacuant or a sedative,
it
would
be as reasonable to infer a wish to see the patient perish, as
from the act of a statesman, whose endea-
vours are employed in lowering the reputation of the official
hands
in which,
him amiss,
in
whom,
or the system of
management
he beholds the cause of what appears to
—
Government
to infer a
wish to see the whole frame of
either destroyed or rendered worse.
FALLACIES OF DANGER.
168
[Ch. 4,
In so far as a man's feeling and conduct are fluenced and determined by what nion,
is
in-
called public opi-
by the force of the popular or moral sanction,
and that opinion runs
in
conformity with the dictates
of the principles of general
utility,
—
in proportion to
the value set upon reputation, and the degree of re-
spect entertained for the
community
at large, his con-
duct will be the better, the more completely the quantity of
respect he enjoys
ness of his behaviour
;
is
it
dependent upon the good-
will
be the worse, the more
completely the quantity of respect he joying
is
independent of
sure of en-
is
it.
Thus, whatsoever portion of respect the people at large are in the habit of bestowing
by
whom
is filled,
upon the individual
on any given occasion the this
office in question
portion of respect may, so long as the
habit continues, be said to be attached to the office, just as any portion of the
emolument
is
which happens
to be attached to the office.
But as
The
it is
with emolument, so
greater the quantity of
ceive independently of his
it
a
is it
man
with respect.
is
likely to re-
good behaviour, the
less
good, in so far as depends upon the degree of influence with which the love of reputation acts upon his mind, is his
behaviour likely to be.
If this be true,
it
is
in so far the interest of the
public that that portion of respect, which along with
the salary
is
habitually attached to the office, should
be as small as possible. If,
indeed, the notion which
it
is
the object of the
TALLACIES OF DANGER.
Sect. 2.]
fallacy in question to inculcate
Government
stability of the
were
or
\69
true, viz. that the
existence at each
its
given point of time depends upon the degree of respect bestowed
at that point of time
were
true,
several individuals by
upon the its
powers are exercised,
would not be the
it
whom
—
if this
interest of the public
that the portion of respect habitually attached to the
and received by the
office,
official
dently of his good behaviour in
But
as possible.
in
how
person indepen-
should be as small
it,
great a degree this notion
is
erroneous has been shown already.
But while
it is
the interest of the public, that in the
instance of each trustee of the public the remuneration received by
him
in the
shape of respect should
be as completely dependent as possible upon the
goodness of his behaviour in the execution of his trust,
it is
the interest of the trustee himself that, as
in every other shape, so in the
shape of respect, what-
soever portion of the good things of this world he receives
on whatever score, whether on the score of re-
muneration, or any other, should be as great as possible
;
since by
any thing
else
sacrifices in
good behaviour, neither respect nor can be always earned by him but by
some shape or
other,
and
in particular in
the shape of ease.
Whatsoever, therefore, be the official situation which the official person in question occupies,
it
is
his in-
terest that the quantity of respect habitually attached
to
it
be as great, and at the same time as securely
tached to
it,
as possible.
at-
FALLACIES or DANGER.
170
And
[Ch. A.
the point of view from which he
in
personal and
is
by his
sinister interest led to consider the sub-
of perfection in this line will not be
ject, the point
attained until the quantity of respect he receives, in
consequence of the possession he has of the
office,
be
at all times as great as the nature of the office admits;
—
at all times as completely independent of the good-
ness of his behaviour in his office as possible Sjreat,
good least
in the, event
making the
bad use, of the powers belonging
Such being situation,
if,
situations,
it
is
as
it.
the case of most if not
to
it,
his
official
all official
have power in
be of such a nature as to
any shape attached
and the
best
to
whatsoever be his
his interest,
as
—
of his making the worst and least
as in that of his
use,
;
endeavour and study
will
be so to order matters as to cause to be attached to it
as above,
and by
all
means
possible, the greatest
portion of respect possible.
To
this
purpose, amongst others, will be directed
whatsoever influence his
on other
standing can be
will
can be
made
and whatsoever influence
wills,
made
to act with his
under-
to exert over other understand-
ings. If,
for example, his situation be that of a judge;
the influence of will on will,
considerable degree be in
by
force to bestow
either by itself or in
of any external strain
men from
his
it
will
power
by
seldom in any to compell
upon him the sentiment of
men
respect,
any considerable degree by means
mark or token of
it
:
but he
may
re-
saying or doing any of those things,
— FALLACIES OF DANGER.
Sect. 2.]
171
the effect of which would be to cause others to bestow
upon him If,
than they would otherwise.
less respect
man
being a judge of the King's Bench, any
has the presumption to question his fitness for such his high situation, he
may
for so doing punish
and imprisonment with
fine
Chancellor, he
may
whom a disposition
him by
If a
et cceteras.
Lord
prosecute him before a judge, by
to attach such
punishments to such
offences has been demonstrated by practice.
Thus much
as to
what can and what cannot be done
towards attaching respect to will
on
office,
by the influence of
will.
What may
be done by the influence of understand-
ing on understanding remains to be noticed
:
—
out of the question that influence which, in the situation in question,
is
laying
official
exercised over the understand-
ings of the people at large independently of any exertions
on the part of him by
which on
whom
his part requires exertion,
it is filled,
and
is
—
that
capable of
being exercised by exertion, consists in the giving utterance and circulation in the most impressive
man-
ner to the fallacy in question, together with a few such others as are
Upon
more
particularly connected with
it.
the boldness and readiness with which the
hands and system are spoken
ill
of,
depends the
dif-
ference between arbitrary and limited government,
between a government
in
which the great body of the
people have, and one in which they have not, a share. In respect of the members of the governing body,
undoubtedly the state of things most to be desired,
is,
— FALLACIES OF DANGER.
172
that the only occasion
be employed
to
[67/. 4.
on which any endeavours should
lower them in the estimation of the
public should be those in which inaptitude in
some
shape or other, want of probity, or weakness of judgment, or want of appropriate
imputable to them
:
talent,
have justly been
that on those occasions in
which
inaptitude has not in any of those shapes been justly
imputable, no such endeavour should ever be employed.
Unfortunately, the state of things hereby supposed is
plainly (need
it
be said
mit no accusation, you unjust ones
;
an impossible one.
?)
may and you
will
Ad-
exclude
all
— admit just ones, you must admit unjust
ones along with them
there
;
no help
is
for
it.
One
of two evils being necessarily to be chosen, the question
is,
tations,
clude
which
is
the least
and thereby
all
to
?
—
admit
to
all
such impu-
admit of unjust ones, or
to ex-
such imputations, and thereby to exclude
just ones.
I
answer without
sion of unjust imputations least of the
two
and with them
evils. all
is,
difficulty,
—
all
the admis-
beyond comparison, the
Exclude
all
unjust imputations,
just ones, the only'check by
which
the career of deterioration can be stopped being thus
removed, both hands and system
will, until
they arrive
at the extreme of despotism and misrule, be continually
growing worse and worse
;
—
the hands themselves will
grow worse and worse, having nothing the force of that separate and
to counteract
sinister interest to the
action of which they remain constantly exposed
and the system
itself will
;
grow worse and worse,
it
FALLACIES OF DANGER.
Sect. 2.]
being
all
173
along the interest and, by the supposition,
within the power of the hands themselves to it
make
so.
Admit
just imputations, though along with
you admit unjust ones, so to bear that
name.
slight is
Along with unjust imputations,
are not defences admitted
In respect of motives
?
and of means, have not the defendants
beyond
all
plainants
As
them
the evil as scarcely
in this case,
comparison, the advantage of the com-
?
far as concerns motives, in the instance of every
person included in the attack (and
in
an attack made
upon any one member of the Government
who does not know how
apt
all
as such,
are to feel themselves
included?), the principle of self-preservation
is
stronger
than the exciting cause productive of the disposition to attack
As
can be in any instance.
far as concerns
against
whom
means of defence,
the attack
is
if
the person
principally levelled wants
time or talent to defend himself, scarce a particle of
immense mass of the matter of reward, which,
the all
manner of «hapes,
for the purpose of carrying
the ordinary business of government, at the disposal of the
but
is
members of
applicable, even without
lies
the
in
on
constantly
Government,
any separate expense,
to the extraordinary purpose of engaging defending
advocates.
Let
it
not be said, " This
an honourable
man ought
is
a persecution to which
not to be exposed
secution which, though to
;
—
a per-
some honourable men
it
174
FALLACIES or DANGKfJ.
may
be tolerable, will to others be intolerable,
[C/l. 4.
—
in-
tolerable to such a degree as to deprive the public of
the benefit of their services."
A notion to any such effect will scarcely be advanced with a grave face.
—That
censure
by nature upon eminence, place.
Who
whom
there to
is
it
is
the tax imposed
ABC
the
is
among
is
appendages of
were an
If
?
it
common
can be a doubt that
exposure to such imputations office
of
the inevitable
office
which
in
no shape whatever had any adequate allowance of the matter of reward annexed to
men were
into which
pressed,
have some better ground
— were a — the observation would
situation
if it
it,
but in the class of office
;
here in question, exists there any such
A
self-contradiction
itself. is
The
is
subject, of
predicated,
is
which
sensibility thus
an honourable man
able man, to any
man
to
?
involved in the observation
whom
:
morbid
but to an honour-
the attribute honour-
able can with truth and justice be applied, such sensibility
cannot be attributed.
accept an in
it
shall
office
The man who
to
not
but upon condition that his conduct
remain exempt from
all
imputation, intends
not that his conduct shall be what
The man
will
whom
it
ought to be.
the idea of being subject to those
imputations to which he sees the best are exposed, intolerable,
—
is
in his heart
a tyrant,
— and,
to
is
become
so in practice, wants nothing but to be seated on one
of those thrones, or on one of those benches, in which,
by the appearance of chains made for show and not for use, a
man
is
enabled, with the greater dignity as
FALLACIES OF DANGFJJ.
Sect. 2.]
175
well as safety, to act the part of the tyrant, and glut
himself with vengeance.
To
a
man who,
commission,
it is
in the civil line of office, accepts a
not less evident that by so doing he
may
exposes himself to imputations, some of which
happen
to be unjust,
a military said, that
he exposes himself to be shot at
office,
will
and of
:
with about equal truth, might
man
an honourable
such condition, as of a
man
in the military
by acceptance of a commission
line it is evident that in that line
man
than to a
not accept
it,
not accept
will
be
it
on
an honourable
civil office that
conduct
if his
it
is
to stand ex-
posed to such imputations. In such circumstances,
should happen to a public
it is
run under an imputation that
:
it
to labour at the long-
not just. In so far as
is
any such incident does take place, lake place
how
not easy to see
man
evil
does in truth
but even in this case, the evil will not be
unaccompanied with concomitant good, operating compensation for
On
it.
contributes to keep
men
the part of
in office,
up the habit of considering
conduct as exposed to scrutiny,
—
to
keep up
in it
their
in their
minds that sense of responsibility On which goodness of conduct depends, in which good behaviour finds
its
chief security.
On
the part of the people at large,
it
serves to keep
alive the expectation of witnessing such attacks
habit of looking out for them attack does come,
which
is
it
;
and,
;
the
when any such
prevents the idea of hardship
apt to attach upon any
infliction,
how
neces-
FALLACIES OF DANGER.
176
sary soever, of which
it
dented or even rare
from being
can be said that
it is
unprece-
and hinders the public mind
;
and him who
set against the attack,
make
exertion and courage enough to
When,
[Ch. 4.
finds
it.
such imputations, false facts
in support of
him by
are alleged, the act of
whom
such false
alle-
gations are made, not only ought to be regarded as pernicious, but ought to be, justice
and
utility,
and
punishable;
—
is,
consistently with
punishable even
when
advanced through temerity without consciousness of the falsity, and
more
so
when accompanied with such
dishonest consciousness.
But by a
sort of law, of
which the protection of
high-seated official delinquency
is
at least the effisct,
not to say the object, a distinction thus obvious as well as important has been carefully overlooked
whenever
man,
to the prejudice of the reputation of a
especially if he be a
man
in office, a fact
and
:
which has
with more or less confidence been asserted or
nuated turns out to be
false, the existence
insi-
of dishonest
consciousness, whether really existing or not,
is
as-
sumed. In so
far as public
men, trustees and agents
for the
people in possession or expectancy are the objects, a general propensity to scrutinize into their conduct, and
thereby to cast imputations on
it
at the hazard of their
being more or less unmerited,
is
a useful propensity.
It is conducive to
for the opposite
good behaviour on
their part,
and
and corresponding reason, the habit of
general laudation, laudation without specific grounds,
FALLACIES OF DANGER.
Sect. 2.] is
177
a mischievous propensity, being conducive to
ill
behaviour on their part.
Render
all
such endeavours hopeless, you take from
a bad state of things
low to
all
all
chance of
being; better
:
—
al-
such endeavours the freest range, you do no
injury to the best state of things imaginable.
Whatsoever
facilities the
state
of the people, equal
have it
adversaries of the existing
of things have for lowering
its
friends
it
in
facilities at least,
and supporters
the estimation if
not greater,
for keeping
and
raising
up.
Under
the English constitution, at
most strenuous defenders of the
any
rate, the
existing set of
mana-
ging hands, as well as of the existing system of ma-
nagement, are not backward in representing an oppo-
no
sition as being
less necessary
Government than what way is it that
a power among the
springs of
the regulator in a watch*.
But
opposition, be
in
it
what
it
may, ever acts or ever can act but by endeavouring to lower either the
managing hands,
or, in this or
that
part of it, the system of management, in the estimation
of the people
?
and from a watchmaker's putting a
regulating spring into the watch he
is
making,
it
would
be just as reasonable and fair to infer that his meaning is
to destroy the watch, as
man's seeking,
from the circumstance of a
in this or that instance, to
lower in the
estimation of the people the managing hands, or this
or that part of the system of management, to infer a desire
on
his part to destroy the
*
More's Observations,
N
Government.
p. 77, 78.
FALLACIES OF DANGER.
178
Under
the English constitution at least, not only in
point of fact
the disposition to pay that obedience
is
by which the power of Government on which the existence of
is
constituted,
part of the system of
executed,
the
more complete
this
suffices for carrying
of Government, skill
—
viz.
to
which
constitution at least,
independence, the better for
the stability and prosperity of the state. is, it
is
this or that
management according
— but under such a
it is
power
this
any disesteem for
exercised, unaffected by
and
depends, independent of
it
esteem for the hands by which
all
[Ch. 4.
on
Being as
upon that footing
and prosperity which
is
it
times the business
at all
in
point of
consistent with the apti-
and intelligence of the managing hands,
tude, probity
and the goodness of the system of management under which they act
:
but
if
on each occasion
on the degree of estimation
in
it
depended
which the conduct and
character of the managing hands and the structure of the system of
management under which they
act hap-
pened at that time to be held by the majority of the
power would be seen
people, this
haps too strong, at one time, weakness,
—
insufficient to
—weak
strong, to
and per-
any degree of
any degree of
insufficiency,
— at another. Among the peculiar excellencies stitution,
one
is,
of the English con-
that the existence of the
Government,
and even the good conduct of it, depends in a less degree than under any other monarchy upon the personal qualifications of the chief ruler, and upon the
place he occupies in the estimation of the people.
Conceive the character of the chief ruler perfect
to a
FALLACIES OF DANGER.
Sect. 2.]
degree of perfection,
certain
all
power would be a nuisance.
179
checks upon his
On
the other hand,
under a constitution of government into which checks
upon
that
more
efficient those checks, the
power are admitted, the stronger and
character of the chief ruler
of government
may
worse the personal be,
and the business
go on without any
still
fatal
dis-
turbance.
On
recent occasions, as
new and
if
the endeavour had been
altogether anomalous to the constitution,
great were the outcries against the audacity of those
parliamentary electors and other members of the com-
munity who, their
in the character
of petitioners, were using
endeavours to lower the House of
Commons
in
the estimation of the people, or, in stronger terms, to
bring
it
and
its
authority into contempt.
That by the
individuals in question an endeavour of this nature
should be regarded as a cause of personal inconvenience,
and as such be
but as to
its
being,
enough
;
on the part of the authors of those
—
—
or,
on the part of the consti-
surely
no further observation need
exertions, blameable, tution, dangerous,
resisted, is natural
here be added.
But what was complained of as an abuse, was the existence of that state of things, of that system of
nagement, under which, in a number
sufficient
on
maor-
dinary occasions to constitute or secure a majority, the
members of
interest separate
people for
whom
that governing
body have a
from and opposite they profess to serve
N
2
sinister
to that of the :
that being in-
FALLACIES OF DANGER.
180
[Ch.
4.
whom they ought whom it is their duty
dependent as towards those to be dependent,
—
as to those
control,
and towards
pendent,
—they
whom
to to
they ought to be inde-
are dependent; and that, by means, by
which, though altogether out of the reach of punish-
ment, the dependence
more constant and
is
rendered beyond comparison
effectual than
it
would be by acts
of punishable bribery.
In this state of things, sirable,
if
any alteration
in it
be de-
impossible that such alteration should be
it is
brought about by other means than lowering
in the
estimation of the people not only the system
itself,
but
all
those
who
act willingly under
endeavours to uphold
Without is
it
this
it,
and use
their
it.
means, and by any other means, how
that by possibility any such change should be
produced
?
Supposing them assured of possessing,
the event of a refusal of
all
in
such change, as high a
place in the estimation of the people as they hold at
done by them
present, any thing
in furtherance
of such
a change would be an effect without a cause. In their personal capacities, they have little
to gain, while they
all,
or most of them,
have much to
lose,
by any
proposed change. True, tion,
be
it
it
may
be said, to be remedied, an imperfec-
what
it
may, must be pointed
what we complain of
as dangerous to
out.
But
Government,
is,
not the indication of such imperfections with their sup-
posed remedies, but the mode to be pointed out
;
—
in
which they are apt
the heat, the violence, with
w hicli
— FALLACIES OF DANGER.
Sect. 2.]
uch indication n ot
This we object
accompanied.
is
181
merely as dishonesty but as unwise,
to irritate the very persons at
thus pleaded for
To
this,
is
—
to,
as tending
whose hands the remedy
sought.
the answer
is
as follows
:
Whatsoever may be the terms most decorous,
1.
and, upon the supposition, the best adapted to the
obtaining of the relief desired,
comprise them will enable a
terms
will
in
man
it is
not possible to
any such scheme of description as to satisfy himself before-hand
be considered exposed
what
what exempt
to,
from, censure. 2.
The
cause of irritation
is
not so properly in the
terms of the application, as in the substance and nature of the application
itself
:
so that the greatest irritation
would be produced by that mode of application, whichever
it
were, that appeared most likely to produce the
effect in question; is
—^the
effect, the
on the one part an object of
aversion
:
production of which
desire,
on the other of
the least irritation by that which, in what-
ever terms couched, afforded the fairest pretence for
non-compliance. 3.
The
position,
imperfection in question being, by the sup-
one of a public nature, the advantages of
which are enjoyed by a few, while the
interest
which
the many, each taken individually, have in the removal of the imperfection is
small and remote, no
commonly comparatively commonly ex-
little difficulty is
perienced by any one whose endeavour to persuade the
many
to collect
it
should be
amongst them a de-
FALLACIKS OF DANGER.
182
[67/. 4.
gree of impressive force sufficient to operate upon the
On
ruling powers with effect.
the part of the
the natural interest being in each case
weak,
it
requires to bring
it
many,
commonly but
into effective action what-
soever aids can be afforded
it.
Strong arguments,
strong soever, will of themselves be scarcely suf-
how
ficient
for at the
;
utmost they can amount to no more
than the indication of that interest which, of the greater part of the
many whose
in the case
force
it is
ne-
cessary to bring to bear upon the point in question,
is
by the supposition but weak.
In aid of the utmost
strength of which the argument
is
susceptible, strength
of expression will therefore be necessary, or at least naturally and generally regarded as necessary, and as
such employed. expression
is
But
in proportion as this strength
of
employed, the mode of application stands
exposed to the imputation of that heat, and violence,
and acrimony, the use of which
it is
the object of the
alleged fallacy to prevent. 4. It
is
and being
only on the supposition of its being in felt to be,
effect,
conducive, or at least not repug-
nant, to the interest of the ruling powers addressed, that the simple statement of the considerations which, in the character of reasons,
supposed imperfection, and,
prove the existence of the if
a remedy be proposed,
the aptitude of the proposed remedy, can with reason
be expected to operate on them with fact
is,
is
But the
that on the part of those ruling powers, this
sort of repugnance, in a degree able,
effect.
more
or less consider-
no other than what on every such occasion
FALLACIES OF DANGER.
Sect. 2.]
ought
in
reason to be expected.
183
If the imperfection
which the
in question be of the nature of those to
term abuse
is
have some or
wont all
be applied, these ruling powers
to
of them, by the supposition, a special
profit arising out of that abuse, a special interest
sequently in the preservation and defence of if
con-
Even
it.
there be no such special interest, there exists in that
quarter at
all
and
times,
in
more shapes than
one, a
general and constant interest by which they are ren-
dered mutually averse to applications of that nature.
In the
first
place, in addition to their ordinary labours,
they find themselves called upon to undertake a course
of extraordinary labour, which to undertake,
or
all
and
of them to
it
was not
their design
may happen
some
to
themselves but indifferently pre-
feel
pared and qualified finds itself
which
for
it
and thus the application
;
opposed by the interest of
itself
their ease.
In
the next place, to the extent of the task thus imposed
upon them, they
find the business of Government taken
out of their hands. is
determined by a
themselves effect,
;
and
To
that
will,
if,
same extent
their
conduct
which originated not among
the measure being carried into
the promoters of
it
would obtain reputation,
respect and affection, of those rewards a share
or less considerable
falls into
other hands
:
more
and thus
the application in question finds an opponent in the interest of their pride.
— FALLACIES OF DANGER.
184
CHAPTER
[Ch. 5.
V.
Accusation-scarers Device.
Ad
metiiin.
" Infamy must attach somewhere."
Ed'posieioji.
This
fallacy consists in representing the imputa-
tion of purposed
calumny as necessarily and
taching upon him
vvho, having
justly at-
made a charge
of mis-
conduct against any person or persons possessed of political
power or influence,
fails
of producing evidence
sufficient for conviction.
Its manifest object, accordingly, ble,
to secure
in every shape,
and
in
as far as possi-
impunity to crimes and transgressions
on the part of persons so situated
namely, by throwing impediments sation,
is,
:
way of accu-
in the
particular, by holding out to the eyes
of those persons
who have
in
view the undertaking
the functions of accusers, in case of failure, in addition to disappointment, the prospect of disgrace.
E.rposure. *'
Infamy must attach somewherer
was a dictum ascribed
in
To
this eflect
the debates to the
Right
Honourable George Canning, on the occasion of the inquiry into the conduct of the office of
Commander
in Chief.
Duke
of
York
in his
Ch.
FALLACIES OF DANGER.
5.]
In principle, insinuation to limited application,
—
it
this effect
185 has an un-
applies, not only to all charges
against persons possessed of political power, but, with
more or
less force,
charges in form of
to all criminal
law against any persons whatsoever all
and not only
:
to
charges in a prosecution of the criminal cast, but
to the litigants on both sides of the cause, in a case
of a purely non-penal,
or,
as
a
called,
is
it
civil
nature. If taken as a general proposition, applying to all
public accusations, nothing can be
more mischievous
as well as fallacious. Supposing the charge unfounded,
the delivery of
it
may have been accompanied
mala Jides (consciousness of only, or
it
may have been
in the first case alone that
attach upon him really groundless
its
injustice),
i.
e.
man
to
do
It is
infamy can with propriety
A
charge
believed to
believed with a sort of pro-
purpose of en-
visional credence, sufficient for the
gaging a
temer'itij
perfectly blameless.
who brings it forward. may have been honestly
be well-founded,
with
his
part towards the
about an investigation, but without
bringing
sufficient reasons.
But a charge may be perfectly groundless without taching the smallest particle of blame upon him brings
it
forward.
Suppose him
to
one or more, presenting themselves
at-
who
have heard from
to
him
in the cha-
racter of percipient witnesses, a story, which, either in toto, or
perhaps only in circumstances, though
in
circumstances of the most material importance, should
— FALLACIES OF DANGER.
186
prove false and mendacious, hears
this,
and acts accordingly,
man
sagacity can enable a
man who
gation, a
—how
is
the person
blame
to
who
What
previously to legal investi-
this extra-judicial testimony,
tion in such a case
Duke
?
5.
has no power that can enable him
to ensure correctness or completeness
that the
[Ch.
guard against decep-
to
Mrs. C. states
?
on the part of
to the accuser,
of York knew of the business
;
stating
a conversation as having passed between him and herself
on the occasion.
false
All this (suppose)
but the falsity of
:
it,
how was
it
is
perfectly
possible for one
in the accuser's situation to be apprized of?
The tendency prevent
of this fallacy
is,
true charges whatever
all
by intimidation, to
from being made,
to secure impunity to delinquency in every shape.
But the conclusion, that because the discourse of a witness
is
false in
must therefore be cause
particular, or
false in toto,
false in respect
it is
spoken
one
to
—
one occasion,
it
in particular, that be-
of some fact or circumstance
on some extra-judicial occasion,
it is
there-
fore not credible on the occasion of a judicial exami-
nation,
—
is
a conclusion quite unwarranted.
If this argument were consistently and uniformly applied,
no evidence
at all
or at least to be credited
human truth
being, of full age, by
had never been
in
the whole course of his
The
ought ever to be received, :
for
where was ever the
whom
the exact line of
any instance departed from
in
life ?
fallacy consists, not in the bringing to view, as
— Ch.
FALLACll'S OF
5.]
DANGER.
187
lessening the credit due to the testimony of the witness, this or that instance of falsehood, as indicated
by inconsistency or counter-evidence, but
in
speaking
of them as conclusive, and as warranting the turning a
deaf ear to every thing else the witness has said,
or, if
might have said. Under the pressure of some
suffered,
strong and manifest falsehood-exciting interest, sup-
pose falsehood has been uttered by the witness so
;
sion
does
—
it
will
be
:
it
follow that falsehood will on every occain the particular occasion
in question
be uttered by him without any such excitement
?
Under the pressure of terror, the Apostle Peter, when questioned whether he were one of the adherents of Jesus, who at that time was in the situation of a prisoner just arrested on a capital charge,
being so
and -
this
—does
;
and
in so doing, uttered
a
—denied
his
wilful falsehood;
falsehood thrice repeated within a short time: it
follow that the testimony of the Apostle
ought not on any occasion to have been considered as capable of being true
?
If any such rule were consistently pursued,
judge,
who had
what
ever acted in the profession of an ad-
vocate, could with propriety be received in the character of a witness
?
Again, with respect to the object of the charge, so far
from receiving
less
countenance where the object
a public than where he
whether
it
is
is
a private man, accusation,
be at the bar of an
official
judicatory or at
the bar of the public at large, ought to receive, beyond
comparison, more countenance.
In case of the truth
FALLACIES OF DANGER.
188
of the accusation, the mischief for appropriate censure, as a
dently greater.
On
\Ch. 5.
greater, the
is
check to
it,
demand
correspon-
the other hand, in case of non-de-
linquency, the mischief to the groundlessly-accused individual is
in
Power, in whatever hands lodged,
is less.
almost sure to be more or shapes, so as
all its
purposes for
vi'hich
the
it
abused
less
;
the check,
does not defeat the good
power has been given or
fered to be exercised, can never be too strong.
man who, by
against a
thing wrong,
it is
suf-
That
the supposition, has done no-
not desirable, whether his situation
be public or private, that accusation should have been preferred,
—
that he should have been subjected to the
danger, and alarm, and evil in other shapes attached to
it, is
But
almost too plainly true to be worth saying.
in the case of a public accusation, tiiough, by the
supposition,
it
turns out to be groundless,
altogether without
its
use
;
— the evil
altogether without compensation it
:
it is
produced
for
is
not
not
by the alarm
keeps up, in the breasts in which a disposition to
delinquency has place, such accusation acts as a
check upon repression of
it,
it.
and contributes
On
to the prevention or
the other hand, in the situation
of the public man, the mischief, in the case of his
having been the object of an unfounded accusation, less,
as
we have shown
in
is
the preceding chapter,
than in the case of a private man.
In the advan-
tages that are attached to his situation, he possesses
a fund of compensation, which, by the supposition, has no place in the other case
:
and apprized as he
Ch.
FALLACIES OF DANGER.
.5.]
ought to
be,
and, but for his
own
fault,
189 is,
of the
enmity and envy to which, according to the nature of
it,
his situation
man, he ought will
be,
exposes him, and not the private
to
be,
and, but for his
own
proportionably prepared to expect
less sensibly affected
by
it
when
it
comes.
it,
fault
and
;
PART THE THIRD. FALLACIES OF DELAY, The subject-matter of which is Delay i?t various shapes ; and the object, to postpone discussion, with a view of eluding
it.
CHAPTER The Quiet ist,
"
or,
No
I.
Complaint.''
Ad
quietem.
E.vposition.
A NEW
law or measure being proposed
character of a remedy for
or evil, an objection
lowing effect
:
is
— " The
in the
some incontestable abuse
frequently started to the fol-
measure
is
unnecessary
;
no-
body complains of disorder in that shape, in which it is the aim of your measure to propose a remedy to it even when no cause of complaint has been found to exist, expecially
under Governments which admit of
complaints, men have in general not been slow to complain much less where any just cause of comThe argument amounts to this plaint has existed." therefore nobody suffers. complains, It Nobody ;
:
—
amounts
to a veto
on
all
measures of precaution or
!
Ch.
FALLACIES OF DELAY.
1.]
prevention, and goes to establish a
opposed
tion, directly
common
of
to a bridge
life
;
—
the
till
it
to the
]91
maxim
in legisla-
most ordinary prudence
enjoins us to build no parapets
number of accidents has
raised an
universal clamour.
Exposure*
The argument would have more tended to arise
;
—
if
plausibility than
any chance of complaints being
has, if there were
the silence of those
who
fruitless-
The expense and
and addressing complaints
tion of collecting
at-
suffer did not
from despair, occasioned by seeing the
ness of former complaints.
it
vexa-
to Par-
liament being great and certain, complaint will not
commonly be made without adequate expectation of relief. But how can any such expectation be entertained by any one who is in the slightest degree acquainted with the present constitution of Parliament
Members who
?
are independent of and irresponsible to
the people, can have very few and very slight motives for
attending to complaints,
would
own
affect their
many complaints
the redress of which
sinister interests.
Again,
how
are repressed by the fear of attack-
ing powerful individuals, and incurring resentments
which may prove
The most grievances
is
galling
all
in
the
complainant
and the most oppressive of
that complicated
composed of vexation
fatal to the
mass of
uncertainty,
delay,
all
which
evil
is
expense and
the administration of justice
but a comparatively minute proportion
:
of is
this,
clearly
:
FALLACIES OF DELAY.
192 factitious
and
%
—
in respect
of finance.
of a part of
work
as being the
factitious,
in its foundation of the its
In extent,
it
man
[Ch.
of law
;
moment of
his
and few advanced
life
in life,
originally
superstructure, of the
exposed to
who,
upon
name
who
suffer
justice,
-i-fths,
whom,
sort of chance,
or other, the price
some
are bereft altogether it;
and
to
instead of being utterly denied this
it is
sold,
sold at such a price as
it is
to the poorest of such as have to pay, the price
it
or what goes by the
of the ability of putting in for a chance for those to
not
under
some shape it. By
in
is
of justice, a vast majority of the people, to
such amount as -^^ths or
man
such, that of the whole
is
have not actually been sufferers from that has been put
and
latterly,
population, there exists not an individual
every
1.
is
utter ruin,
it
in their
still
and even
power
to the richest,
matter of serious and sensible inconvenience.
In comparison of
this
one scourge,
cal scourges put together are feathers
as
it
has the operations of the
cause,
if,
instead of one- tenth
tax amounted
to nine-tenths,
man
all :
other politi-
and
in so far
of finance for
its
upon income, a property an addition to the
still
property tax would, in comparison of the affliction
produced by the sum assessed on law proceedings, be a relief: for the income tax
falls
upon none but the
comparatively prosperous, and increases in proportion to the prosperity, in proportion to the ability to sus-
tain
it
;
whereas the tax upon law proceedings
*
See Scotch Reform,
falls
Ch,
FALLACIES OF DELAY.
1.]
exclusively affliction,
as
upon those
—under
it lasts,
it
finds labouring
under
that sort of affliction which, so long
operates as a perpetual blister on the mind.
Here, then,
is
matter of complaint for every British
subject that breathes distress are all
why r
whom
193
:
—
here, injustice, oppression
extreme
:
complaint there
— because by unity of
sinister interest,
is
and
none
;
and con-
sequent confederacy between lawyer and financier, relief is
rendered hopeless.
o
— FALLACIES OF DELAY.
194
CHAPTER
[Ch. Q.
II.
Fallacy of False-consolation.
Ad
quieteni.
E.vposition.
A
MEASURE, having
some is,
abuse,
i.
e.
for
its
object the removal of
of some practice the result of which
on the part of the many, a mass of suffering more
than equivalent to the harvest of enjoyment reaped
from
it
by the few, being proposed,
—
argument
this
consists in pointing to the general condition of the
people in
under the notion,
this or that other country,
that in that other country,
either in the particular
respect in question or upon the whole, the condition
of the people
is
not so felicitous
the abuse,
is
in
it
measure of reform "
What
is
have ?"
you
think
as,
the country in is
and
how much
for
which the
proposed.
the matter with you ?"
Look
notwithstanding
"
What would
at the people there,
better
o^ you
and there
are than they are.
prosperity and liberty are objects of envy to
your
institutions are the
:
Your
them
;
models which they endeavour
to imitate.
Assuredly,
it
is
not to the disposition to keep an
eye of preference turned to the bright side of things,
where no prospect of special good suggests the opposite
course,
—
it is
not to such a disposition or such a
— Ch.
FALLACIES OF DELAY.
2.]
habit that by the woxd fallacy
it is
195
proposed to
affix
a
mark of disapprobation. \yhen a particular
suffering,
produced as
appears
it
by an assignable and assigned cause, has been point-
ed out as existing, a man, instead of attending to it
himself, or inviting to
employs
the attention of others,
it
the endeavour to engage
his exertions in
other eyes to turn themselves to any other quarter in preference (he being of the
acknowledged duty
is
it
number of those whose
to contribute their best en-
deavours to the affording to every
whal soever
their view
afforded to
capable of being
without preponderant inconvenience),
it
and then only,
then,
may be
relief
within
afiiiction
that the endeavour
is it
becomes
a just ground for censure, and the means thus employed present a
title
be received upon the
to
list
of
fallacies.
E.vposure.
The
pravity as well as fallaciousness of this argu-
ment can
scarcely be exhibited in a stronger or truer
light than
racterize 1.
by the appellation here employed
to cha-
it.
Like all other
fallacies
upon
this list, it is
nothing
to the purpose. 2.
own
In his
would accept
whom
this
it.
case,
argument
whom it passes
no individual
Take any one of is
in his senses
the orators by
tendered, or of the sages on
for sterling
:
with an observation of the
general wealth and prosperity of the country in his
o 2
FALLACIES OF DELAY.
]96
[C/l. 2.
mouth
instead of a half-year's rent in his hand, let
one of
his tenants
coin,
—
any
own
propose to pay him thus in his
he accept it?
will
In a court of justice, in an action for damages,
3.
to learned ingenuity, did ever
any such device occur
as that of pleading assets in the
hand of a
third per-
son, or in the hands of the whole country, in bar to
the
demand
What
?
the largest wholesale trade
the smallest retail, such and
tude
of the legislator,
the hands of the judge. trade
is
is
to
magni-
—What
the largest wholesale
to the smallest retail trade, such in point of
magnitude, yea and more, at by
in point of
commonly sought for at the hands to the relief commonly sought for at
the relief
is
more
legislative
is
the injustice endeavoured
argument when employed
this
of
in the seat
power, in comparison of the injustice that
would be committed by deciding
in
conformity to
it
in a court of justice.
No
country so wretched, so poor in every element
of prosperity, in which matter for this argument might not be found.
Were
the prosperity of the country never so
greater than at present, try whatsoever,
soever,
—
and
—
much
take for the country any coun-
for present time
any time what-
neither the injustice of the argument, nor the
absurdity of
it,
would
in
any the smallest degree be
diminished. Seriously and pointedly in the character of a bar, to
any measure of
improvement, can
it
relief,
no, nor to the most trivial
ever be employed,
Suppose a
bill
Ch.
FALLACIES OF DELAY.
2.]
brought
where
converting an impassable road any
into a passable one,
oppose it
for
in
it
who
19/
would any man stand up
than the multitude and goodness of the roads
have already
r
No: when
bar to the measure
in
in the character
it
sion;
of a serious
is
it
employ-
can only be for the purpose of creating a diver-
— of
turning aside the minds of
men from
subject really in hand to a picture which by it is
we
hand, be that measure what
may, an argument so palpably inapplicable ed,
to
could find nothing better to urge against
hoped,
may
its
the
beauty,
engross the attention of the assembly,
and make them forget pose they came there.
for the
moment
for
what pur-
FALLACIES OF DELAY.
198
CHAPTER
[Ch.
3.
III.
Procrastinators Argument.
Ad " Wait a
little, this is
socordiam.
not the time."
Exposition.
To
the instrument of deception here brought to
view, the expressions that
may
to an indefinite degree; but in tion nothing can be
To
this
be given are various nature and concep-
its
more simple.
head belongs every form of words by which,
speaking of a proposed measure of tion
is
relief,
given, that the time, whatever
the proposal
is
given, without
made,
is
it
an intima-
be, at
too early for the purpose; and
any proof being offered of the
such intimation
;
such
which
as,
for instance, the
truth of
want of
some
requisite information, or the convenience of
pre-
paratory measure. E.vposure.
This
we
is
the sort of argument or observation which
so often see employed by those who, being in wish
and endeavour
hostile to a
ashamed of being seen
measure, are afraid or
haps, to approve of the measure to the
They
to be so.
proper time of bringing
it
;
pretend, per-
they only differ as
forward
;
but
it
may
be matter of question whether, in any one instance, this
observation was applied to a measure by a
man
FALLACIES OF DELAY.
Ch. 3.]
whose wish
was
it
not, that
it
\^^
should remain excluded
for ever.
is
same
the
It is in legislation
judicial procedure
which
sort of quirk
in
called a plea in abatement.
It
has the same object, being never employed but on the side of a dishonest defendant, tain ultimate
his injured adversary with
and
whose hope
to ob-
despair, impoverishment
lassitude.
A serious
would be
refutation
frivolous a pretence.
The
ill
bestowed upon so
objection exists in the will,
not in the judgment, of the objector. to
it is
impunity and triuniph by overwhelming
" Is
it
lawful
do good on the sabbath day ?" was the question put
by Jesus to the
day
to
that a
Which
hypocrites.
official
properest day to do good
?
remove a nuisance
?
man can be found
to
Which
is
Answer, The very
first
day
propose the removal of
and whosoever opposes the removal of will, if
the
is
the properest
it
it:
on that day,
he dare, oppose the removal on every other.
The doubts and
fears of the parliamentary procras-
tinator are the conscientious scruples of his prototype
the Pharisee, and neither the answer nor the example
of Jesus has succeeded in renmving these scruples.
To
him, whatsoever
that to-morrow,
True
it is,
if
is
too soon to-day, be assured
not too soon,
that, the
it
will
may be brought forward by a in this case,
it is
late.
measure being a measure of
form or improvement, an observation
and
be too
to
friend to the
re-
this effect
measure
;
not an instrument of deception,
but an expedient of unhappily necessary prudence.
FALLACIES OF DELAY.
200
[Ch. 3.
Whatsoever it may be some centuries hence, hitherto the fault of the people has been, not groundless cla-
mour
against imaginary grievances, but insensibility
to real ones
;
—
insensibility,
were possible,
itself,
for that, if
fault,
would be a happiness,
it
not to the
—but
far
What,
therefore,
may
—
is
the cause of
but too easily be
the fact,
a vast proportion of the
from being a
to the cause, to the
system or course of misrule which
therto ever has been
effect, the evil
field
and
that,
—what
of,
is,
that in
the time for
bringing forward a measure of effectual relief yet
come
effect, the
:
why
?
hi-
throughout
of legislation,
regard to the grievances complained
it.
is
not
because, though groaning under the
people, by the artifice and hypocrisy of their
oppressors, having been prevented from entertaining
any tolerably adequate conception of the cause, would at that time regard either with indifference or with
come forward remedy. Thus it is,
suspicion the healing hand that should
with the only true and effectual
for example, with that Pandora's
box of grievances
and misery, the contents of which are composed of the evils opposite to the ends of justice.
FALLACIES OF DELAY.
Ch, 4.]
CHAPTER
201
IV.
Snairs-pace Argument.
Ad "
One
thing at a time
!
Not
socordiam.
too fast!
Slow and sure!"
E.vposit'wn.
The
proposed measure being a measure of reform,
requiring that for the completion of the beneficial
work
in question a
ed, capable, all or
at the
same
number of operations be performsome of them, of being
carried on
time, or successively without intervals, or
at short intervals, the instrument of deception here in
question consists in holding up to view the idea of graduality or slowness, as characteristic of the course
which wisdom would dictate on the occasion
For more
tion.
effectual
perate
the pace
it
is
this
commonly added
eulogistic epithets as moderate
whereby
;
ques-
recommendation of
course, to the epithet gradual are
some such
in
and tem-
implied, that in proportion as
recommended by the word gradual
is
quick-
ened, such increased pace will justly incur the censure
expressed by the opposite epithets, lent, precipitate, extravagant,
— immoderate,
vio-
intemperate.
E.vposure.
This
is
neither
making out of
a
more nor
less
than a contrivance for
mere word an excuse
for leaving un-
FALLACIES OF DELAY.
202
[Ch. 4.
multitude of things which,
done an
indefinite
arguer
convinced, and cannot forbear acknowledg-
injT,
is
the
ought to be done.
Suppose half a dozen abuses which equally and with equal promptitude stand in need of reform
;
this
fallacy requires, that without any reason that can be
assigned, other than
what
is
contained in the pro-
nouncing or writing of the word gradual,
all
but one
or two of them shall remain untouched.
Or, what
better,
is
correction of
suppose that, to the effectual
some one of
require to be performed
must be done
these abuses, six operations
—
six
operations,
all
which
ere the correction can be effected,
—
to
save the reform from the reproach of being violent
and intemperate,
to secure to it the praise of gradu-
moderation and temperance, you
ality,
these half-a-dozen necessary operations,
some two only done if it
;
—
shall
one, by one
be talked bill
is
some one or
and proposed to be
be not too late (which you contrive
nothing more
that of
to be introduced this session
another, the next session
it
of,
insist,
to be said
;
it
shall be)
;
which time being come,
about the matter, and there
ends.
For
this
abandonment, no one reason that
will
bear
looking at can be numbered up, in the instance of any
measures endeavoured to be laid upon
one of the
five
the shelf
for if
;
it
could, that would be the reason
assigned for the relinquishment, and not this unmeaning assemblage of three syllables.
A
suit
which, to do
full
justice to
it,
requires
but
— Ch,
weeks, or
six it
FALLACIES OF DELAY.
4.]
made
been
six days, or six
minutes
to last six years
203 one day, has
in
That your caution
?
and your wisdom may not be questioned, by a
first
experiment reduce the time to
that
five years,
then
if
succeeds in another parliament, should anotlier par-
liament be
reduce
and it
it
if it
in
a
humour (which
to four years,
—then again
it
will not),
to three years
;
should be the lot of your grandchildren to see
may think
reduced to two years, they
off,
hoped
it is
themselves well
and admire your prudence.
Justice,
—
to
which
in
every eye but that of the plun-
derer and oppressor, rich and poor have an equal right,
—do
nine-tenths of the people stand excluded from
hope
of,
up.
You
all
by the load of expense that has been heaped propose to reduce this expense.
tent of the evil
is
The
ex-
admitted, and the nature of the
remedy cannot admit of doubt
:
but by the magic of
the three syllables gra-du-al, you will limit the remedy to the reduction of about one-tenth of the expense.
Some
time afterwards you
and go on
so, that in
may reduce another
tenth,
about two centuries, justice may,
perhaps, become generally accessible.
of —extreme —danger of innovation — need of and circumspection — —every consequences — danger of not a time — should be gradual — one — more occupation time — presented — no — people — no complaints heard — such mischief
Importance of the business
difficulty
of caution
the business
impossibility
foreseeing
thing
precipitation
thin^v
the
leisure
great
at
this is
at present
well satisfied
^no
all
wait for
petitions
has yet
:
FALLACIES OF DELAY.
204 taken place prattle
—stay
till it
has taken place;
which the magpye in
office
nothing, understands that he
succedaneum
is
the
who, understanding
among
to
his auditors
to thought.
Transfer the scene to domestic
man who,
—such
must have something
say on every subject, shouts out as a
\Ch. 4.
life,
his fortune not enabling
and suppose a
him without run-
ning into debt to keep one race-horse, has been for
some time
in the habit
of keeping
to this private theatre the
the gradual system,
mend
to
— Spend
wisdom and the
what you would have
your friend would be something of the
first
six horses to give
yourself which
by
To
six.
it
year
in
benefit of to
recom-
this sort
considering which of your
up; the next year,
if
you can
satisfy
up some one of them
shall be, give
:
of your intention and
this sacrifice, the sincerity
your reputation for economy
transfer
be established; which
will
done, you need think no more about the matter.
As
all
psychological ideas have their necessary root
in physical ones,
cal
to
one source of delusion
arguments consists
in giving
in
psychologi-
an improper extension
some metaphor which has been made choice It
would be a service done
some advocate
to the cause of truth, if
for the gradual
into the secret of the
of.
system would
let us
metaphor or physical image,
any, which he has in view, and in the give us the idea of
some physical
of precipitation.
A
if
same language
disaster as the result
patient killed by rapid bleeding,
a chariot dashed in pieces by
overset by carrying too
runaway
much
sail
in
steeds, a vessel
a squall,
—
all
—
-
FALLACIES OF DELAY.
Ch. 4.]
205
these images suppose a degree of precipitation which, if
pursued by the proposers of a political measure,
would be at once apparent, and the obvious and
as-
signable consequence of their course would afford un-
answerable arguments against them. All this while though by a friend to the measure,
no such word as above
be employed in the cha-
will
racter of argument; yet cases are not wanting in
which
the dilatory course
recommended may be consented
to or even proposed
by him.
Suppose a dozen gislative power,
distinct abuses in the seat of le-
each abuse having a set of members
interested in the support of at once,
all
it
attack the whole body
;
these parties join together to a certainty,
and oppose you with
their united force.
abuses one by one, and
have but one of these
it
possible that you
is
parties, or at least less
of them, to cope with at a time.
but of probability,
Attack the
little
can be
Possible
said.
To
?
may
than
Yes
all :
—
each branch
of the public service belongs a class of public servants,
each of which has
its
sinister interest, the source
mass of abuses on which
it
feeds
;
and
in the
of the
person
and power of the universal patron, the fountain of honour and of
all
abuse,
all
all
those sinister interests are
joined and embodied into one.
This
is
deficient
;
a branch of science this is
perfection by
can be puelli.
clear,
him
what to
Hoc
is
in
which no man
understood,
whom
is
ever
—understood
to
nothing else ever was or
discunt omnes, unto alpha et beta
FALLACIES OF DELAV.
206
If there be a case in
[Ch. 4.
which such graduality as
described can have been consented
Iiere
a reasonable prospect of advantage,
it
to,
is
and with
must have been
a case in which, without such consent, the whole business would be hopeless.
Under
the existing system, by which the door of
the theatre of legislation
members,
in
is
opened by opulence to
whose instance application of the faculty
of thought to the business about which they are sup-
posed to occupy themselves, would have been an without a cause, so gross
is
effect
the ignorance, and in con-
sequence, even where good intention
is
not altogether
wanting, so extreme the timidity and apprehension, that on their part, without assurance of extreme slowness,
no concurrence
to a proposal for setting
one foot
before another, at even the slowest pace, would be
obtained at
all
:
their pace, the only
they can be persuaded to move, veller
would
take,
whose
lot it
is
pace at which
that M'hich the tra-
should be to be travel-
ling in a pitch-dark night, over a road broken slippery,
Time
is
because time
is
edged with precipices on each
requisite for quieting timidity
:
why
?
and
side.
requisite for instructing ignorance.
Sect.
1 .
Lawyers ;
their interest in the employment
of this fallacy. In proportion to the magnitude of their respective shares in the general fund of abuse, the various fraternities interested in the
support of abuses have each
FALLACIES OF DELAY.
Sect. 1.]
of them their interest
in turning to the best
as well as every other article in the
But
it is
207
the fraternity of lawyers,
list
account
of fallacies.
who
(if
they have
not decidedly the most to gain by the dexterous
nagement of
this or
this
ma-
of other fallacies) have, from the
greatest quantity of practice, derived the greatest de-
management of
gree of dexterity in the
it.
Judicature requiring reflection, and the greater the
complication of the case, the greater the degree and length of reflection which the case requires
under
:
favour of this association, they have succeeded in establishing a general impression of a sort of proportion in quantity as well as necessity of
delay and attention to justice.
connexion between
Not that,
in fact,
a hun-
dredth part of the established delay has had any origin in a regard for justice; but,
—
want of
for
sufficient
insight into that state of things by which in persons
so circumstanced in
power and
interest the general
prevalence of any such regard has been rendered physically impossible,
—
his
in
endeavours to propagate
the notion of a sort of general proportion between
delay and regard for justice, the happily, been but too successful. to this error, in respect to
snail's-pace fallacy
cause, for that in
which
its
is
Be
more than
this as
it
no track of reform has the it is
to
any other
may, sure
it is,
rate of progress,
the object of this fallacy to secure, been
adhered to with greater if
matters of fact, that the
indebted,
dupes.
man of law has, unAnd it is, perhaps,
run over, (and
little
eff*ect.
By
more than
the Statute Book, the titles would be
— FALLACIES OF DELAY.
208
[Ch. 4.
necessary) in this view, a curious exemplification of the truth of this observation
is
afforded.
An
abuse so
monstrous, that, on the part of the judicial hands by
which
it
was manufactured, the
mischievousness of
it
slightest
doubt of the
was absolutely impossible,
—
ge-
neration after generation groaning under this abuse,
and
at length,
when, by causes kept of course as much
as possible out of sight, the support of the abuse has
been deemed no longer practicable, comes at length a remedy.
And what remedy?
better than a feeble palliative.
Never any thing
— Ch.
;
FALLACIES OF DELAY
5.]
CHAPTER
ii09
V.
Fallacy of artful Diversion.
Ad E.vposition
The
vereciindiam.
and Exposure.
device here in question
may be
explained by
the following direction or receipt for the manufacture
and application of
When
it
:
any measure
is
proposed, which on any ac-
your interest or your humour
count whatsoever
it
to oppose, at the
same time
its
undeniable
regard it,
utility,
that,
in consideration
or on any other account,
of
you
unadvisable to pass direct condemnation on
it
—hold
whether
suits
up
it
to view
some other measure, such
as,
bear any relation or none to the measure
on the carpet,
will, in
the conception of your hearers,
present itself as superior in the order of importance.
Your language,
then,
is
— Why —Why
that? (meaning the
sure already proposed.)
mentioning some other, which
not this?
it is
or this?
your hope to ren-
der more acceptable, and by means of diversion,
—
mea-
it
to create a
and turn aside from the obnoxious measure
the affections and attention of those
whom you
have
to deal M'ith.
One
case there
is,
in
which the appellation of
lacy cannot with justice be applied to
and that
is,
measure
first
tliis
fal-
argument
where the effectuation or pursuit of the proposed would operate as a bar or an
FALLACIES OP DELAY.
210
some other measure of
obstacle to
[Ch. 5.
more
a
beneficial
character held up to view by the argument as compe-
and what,
titor to it:
in the
way of Exposure,
be
will
said of the sort of expedient just described, will not
apply to
this case.
However, where the measure unquestionable
cause
must lieu
it,
except
argument, every hopeless
own
in
merely be-
you
sinister interest,
a case in which, in the shape of
mode
of opposition
for unless for the
:
it
of
is
anv relevant measure of reform in
not susjgest
of
proposed
and you oppose
utility,
adverse to your
it is
first
considered as
is
purpose of forestalling
the time and attention that would be necessary to the
of the proposed beneficial measure, a
effectuation
measure altogether irrelevant and foreign up, a risk
is
may
it
is
however
incurred, that something,
rior in degree,
to
set
infe-
be effected towards the diminution
of the abuse or imperfection in question.
In the character of an irrelevant counter-measure,
any measure or accidental business whatever may be
made
to serve,
occupy a
so long as
sufficient portion
attention of the public
it
can be made to pre-
of the disposable time and
men on whose
effectuation or frustration of the
But supposing the necessity measure to
exist,
troduction to
it,
suffrages the
measure depends.
for a relevant counter-
and you have accordingly given the
first
stave off the undesirable
thing then to be done
moment
of
its
is,
in-
to
effectuation as
long as possible.
According
to established usage,
you have given no-
FALLACIES OF DELAY.
Ch.b.l tice
211
of your intention to propose a measure on the
The
subject and to the effect in question. is
intention
of too great importance to be framed and carried
into act in the
compass of the same year or session
you accordingly announce your intention
When
sion.
:
for next ses-
the next session comes, the measure
is
of too great importance to be brought on the carpet
commencement of
at the it is
the session
not yet mature enough.
delay
it
If
any longer, you bring
session closes.
Time
is
at that period
;
be not advisable to
it
forward just as the
it
thus gained, and without any
decided loss in the shape of reputation
:
for
what you
undertook, has to the letter been performed. the measure has been once brought
take your choice, in the for delay
first
and operations
for delay exhibit
and no
title
made
to
between operations Operations
to preference
to last, they
:
so
accom-
sacrifice either of design or
of reputation has been made.
ance and extreme
When
you have
for rejection.
a manifest
long as their effect can be plish their object,
place,
in,
The extreme import-
difficulty are
themes on which you
blow the trumpet, and which you need not fear the not hearing sufficiently echoed.
When
the treasury
of delay has been exhausted, you have your choice to take between trusting to the chapter of accidents for the defeat of the measure, or endeavouring to engage
some
friend to
oppose
it
and propose the rejection of
it.
But you must be unfortunate indeed,
find
no opponents, no tolerably plausible opponents,
unless
among
friends,
if
you can
and friends specially commisP 2
FALLACIES OF DELAY.
^212
sioned for the purpose less
:
[C/l. 5.
a sort of confidence more or
dangerous must in that case be reposed.
Upon
the whole,
you must however be singularly
unfortunate or unskilful,
if
by the counter-measure of
diversion any considerable reduction of the abuse or
imperfection be, spite of your utmost endeavours, fected, or
ef-
any share of reputation that you need care
about, sacrificed.
PART THE FOURTH. FALLACIES OF CONFUSION, The object of ivhicli 710
is,
to perplex,
when Discussion can
longer be avoided.
CHAPTER
L
Question-begging Appellatives.
Ad judicium.
Petitio
principii, or
fallacy very well
begging the question,
known even
who
to those
a
are not
In answer to
conversant with the principles of logic.
a given question, the party
is
who employs
the fallacy
contents himself by simply affirming the point in debate. is
Why
does opium occasion sleep
?
— Because
it
soporiferous.
Begging the question rated by Aristotle
(what the
and
it
will
mode
;
is
one of the
enume-
but Aristotle has not pointed out
be the object of
this
chapter to expose)
of using the fallacy with the greatest
least risk of detection,
ment of a
fallacies
—namely,
effect,
by the employ-
single appellative.
Exposition and Exposure.
Among
the appellatives employed for the designa-
tion of objects belonging to the field of moral science,
— FALLACIES OF CONFUSION.
214
some by which
there are
the object
is
[C/l.
1.
presented singly,
unaccompanied by any sentiment of approbation or disapprobation attached to positio)i,
two to
it
:
—
With
character, habit, &c.
which
sorts of appellatives
as, desire, labour, dis-
reference to the
come immediately of this sort may be
will
be mentioned, appellatives
termed neutral.
There are others by means of which,
addition to
in
the principal object, the idea of general approbation as habitually attached to that object
is
presented
:
honour, piety, generosity, gratitude, &c.
as, industry,
These are termed
eulogistic or laudatory.
Others there are again, by
means of which,
in ad-
dition to the principal object, the idea of general dis-
approbation, as habitually attached to that object,
presented digality,
:
—
These may be termed
&c.
vituperative
Among
pains, pleasures, desires, emotions, motives, dispositions,
some, but very
with appellatives of but eulogistic
;
all
others,
none but those of the
*
dyslogistic or
*.
affections, propensities, entities,
is
as, lust, avarice, luxury, covetousness, pro-
far
from
three sorts
and
in
and other moral
all, :
are furnished
—some, with none
a greater number, with
dyslogistic cast.
By
appella-
See the nature of these denominations amply illustrated in Springs-
of-Action Table.
Of the field of thought and action, this, it
the moral department, though
be that part in which the most abundant employment
instrument of deception here in question, perhaps, can any part be found to which
is it
is
given to the
not the only part.
Scarcely,
has not been applied.
Ch.
FALLACIES OF CONFUSION.
I.]
mean
tives, I
tives
here, of course, single-xvoy'ded appella-
for by words, take but
;
may
thing
215
enough of them, any
be expressed.
Originally, all terms expressive of any of these objects
were
(it
seems reasonable
By
to think) neutral.
degrees they acquired, some of them an eulogistic,
some
This ciiange extended
a dyslogistic, cast.
moral sense
as the
may on
(if
so loose and delusive a term
employed) advanced
be
occasion
this
itself
in
growth.
But lacy,
it
taught self;
:
a
man
mode of employing this falmuch as admits of being
falls into it
but too naturally of him-
and the more naturally and
the case of the
the less he
freely,
under the restraint of any such sense as
that of shame.
it,
to the
neither requires nor so
jBnds himself
ing
As
to return.
this,
The
sreat difficulty
as oi so
many
to unlearn
is
it
humble endeavour here
to
is
unteach
te?ition, the motive, the disposition of this or that
he be one
who
is
care not whether he be well or
ploy the neutral term
—
ill
thought
to
recommend
to favour, especially
own party, you employ a man whom it is your
it is
a
you em-
of,
if a man whom, on
sion and for the purpose in question,
the occa-
your object
man
the eulogistic term
in-
man,
whom you
indifferent to you, of
:
in
it.
In speaking of the conduct, the behaviour, the
if
:
other fallacies, by teach-
:
—
of your if
he be
object to consign to aversion
or contempt, you employ the dyslogistic term.
To
the proposition of which
it is
the leading tern),
—
.
FALLACIES OF CONFUSION.
216
[Ch.
1.
every such eulogistic or dyslogistic appellative, secretly as
it
were, and in general insensibly, slips in another
same leading term
proposition of which that
is
the
and an assertion of approbation or disappro-
subject,
The
bation the predicate.
question
is o?'
person, act, or thing in
deserves to be, or
or thing in question
and deserves
is
an object of general approbation
or deserves to be, or
is
to be,
or the person, act,
;
is
and
deserves to be, an object of general disapprobation.
The
proposition thus asserted,
is
commonly a But
position that requires to be proved.
where the use of the term thus employed the proposition
proved is
:
is
is
conscious of
by means of the
taken for true which
By appropriate many arguments
is
its
whom
eulogistic terms
deceptive tendency,
artifice, to
to the appel-
cause that to be
eulogistic
and
dyslogistic terms, so
are made, by which, taking its
them
several departments, finds
many
Take, for instance, the following
:
In the war department, honour and glory.
2. In international affairs, honour, glory, 3.
the fallacy
arguments, and these in but too
eyes, conclusive.
1
fallacious,
is
not so.
altogether, misrule, in all its justif;ying
in the case
not true, and cannot be
employment thus given
the object in the is,
is
and where the person by
employed
lative
one that
pro-
In the financial department,
and dignity.
liberality.
It being
always at the expense of unwilling contributors that this virtue
(for
among
the virtues
it
has
its
place in
— Ch.
FALLACIES
J.]
Aristotle)
is
exercised
;
CONFUSION.
01-
217
for liberality, depredation
may,
perhaps every case, and without any impropriety,
in
be substituted. 4. In the higher parts of all official departments, dig-
nity
;
—
dignity, though not in itself depredation, ope-
rates as often as the
thence as a cause
word
of,
dignity, be sure that
and
is
used, as a pretence for,
and
Wherever you
see
depredation.
money
of
it
is
regarded as insufficient,
:
requisite for the support
is
own money money raised by
that, in so far as the dignitary's
taxes imposed on
all
public
other individuals, on the prin-
must be found
ciple of liberality,
for the supply of
it*.
Exercised at a man's be, or
tue
:
may
own
expense, liberality
may
not be, according to circumstances, a
— exercised at the expense of the public,
it
vir-
never
can be any thing better than
vice.
man's own expense, whether
it
be accompanied with
prudence or no, whether
be accompanied or not
with beneficence,
it is
at
it
any rate disinterestedness
exercised at the expense of the public, ishness
is,
in
money's worth
is
:
it
a word,
of
all
sorts
When *
its :
in
it is
depredation
:
pure
:
self-
money
or
taken from the public to purchase,
for the use of the liberal
titude with
Exercised at a
man, respect,
affection, gra-
eventual fruits in the shape of services
a word, reputation, power.
you have a practice or measure
to
condemn,
See this principle avowed and maintained by the scribes of both
parties,
Burke and Rose,
as
shown
those advocates of depredation.
in the defences of
economy against
FALLACIES OF CONFUSION.
218
some more general
find out
[Ch.
1.
appellative within the im-
port of which the obnoxious practice or measure in
question cannot be denied to be included, and
which you or those whose
interests
to
and prejudices you
have espoused, have contrived to annex a certain degree of unpopularity, in so
much
that the
has contracted a dyslogistic quality,
—
name of
it
has become a
bad name.
Take, under
for
example, improvement and innovation
own name
its
to pass censure
ment might be too bold
:
;
on any improve-
applied to such an object,
any expressions of censure you could employ might lose their force to be running
on
:
employing them, you would seem in the track
of self-contradiction and
nonsense.
But improvement means something new, and so does innovation.
Happily
for
your purpose, innova-
tion has contracted a bad sense
new and bad
which
is
ment,
it is
at the
;
means something
it
same time.
true, in indicating sometliing
something good at the same time
;
Improve-
new, indicates
and therefore,
if
the thing in question be good as well as new, innovation
is
not a proper term for
it.
However, as the
idea of novelty was the only idea originally attached to the term innovation, rectly expressed in the
and the only one which etymology of
it,
is
you may
venture to employ the word innovation, since no
distill
man
can readily and immediately convict your appellation of being an improper one upon the face of
With
it.
the appellation thus chosen for the purpose
Ch.
FALLACIES OF CONFUSION.
1.]
219
whom
of passing condemnation on the measure, he by it
has been brought to view in the character of an im-
provement fied
not
is
(it is
true) very likely to be well satis-
but of this 3'ou could not have had any expecta-
:
What you
tion.
want,
partisans can lay hold
from
is
own
a pretence which your
the purpose of deducing
of, for
a colourable warrant for passing upon the im-
it
provement that censure which you are determined, and they, on
to pass
Of
if
not determined, are disposed and intend,
it.
instrument of deception, the potency
this
most deplorable.
It is but
as the nature of
it
the public
:
and now that
public, the need there effect,
and the extreme
effect, are at the fest.
way been
has in any
of
its
being opposed with
difficulty
same time and
In every part of the
of opposing
—upon
with
it
in equal degree
field
mani-
of thought and dis-
course, the effect of language depends ciple of association,
laid before
has been laid before the
it
is
is
much
of late years that so
upon the
prin-
the association formed be-
tween words and those ideas of which they have become the signs.
But
in
in that
way
no small part of
the field of discourse, one or other of the two censorial
and reciprocally correspondent and opposite
fections,
—
the amicable and the hostile,
—
approbation and that by which disapprobation pressed,
a
— are associated
tie little less
in question,
be
af-
that by which is
ex-
with the word in question by
strong than that by which the object it
person or thing,
real or fictitious entity,
be
it
— be
the thing a
operation or quality,
is
!
FALLACIES OF CONFUSION.
220
same
associated with that its
[Ch.
I.
and
articulate audible sign
visible representations.
To
diminish the effect of this instrument of decep-
tion (for to
do
it
render
all
minds
times insensible to
it,
seems
away completely,
without exception at
all
scarcely possible), must, at any time.
But
standing,
in
proportion as
its
to
rate,
be a work of
effect
on the under-
and through that channel on the temper and
conduct of mankind,
is
diminished, the good effect of
the exposure will become manifest.
By
such of these passion-kindling appellatives as
are of the eulogistic cast, comparatively speaking, no
bad
effect is
produced
:
dyslogistic, prodigious
but by those which are of the the mischievous effect pro-
is
duced, considered in a moral point of view. single
word or two of
has been produced
how wide
!
this
how
the range of
it
!
intense the feeling of
it
how
all
imaginable shapes, the effects
*
As an
By a
complexion, what hostility
^
full
of mischief, in
!
instance remarkable enough, though not in respect of the
mischievousness, yet in respect of the extent and the importance of the effects producible
by a single word, note Lord Erskine's defence of the
Whigs, avowedly produced by the application of the faction to that party in the state.
dyslogistic
word
Ch.
221
FALLACIES OF CONFUSION.
2.]
CHAPTER
II.
Impostor Terms. Ad
judicium.
Ej'position.
The
which consists
fallacy
in
the
employment of
impostor terms, in some respects resembles that which has been exposed in the preceding chapter
but
:
it is
applied chiefly to the defence of things, which under their
name
proper
are manifestly indefensible: instead,
therefore, of speaking of such things under their proper
name, the sophist has recourse
to
some
appellative,
which, along with the indefensible object, includes
some other
;
generally an object of favour
;
—
or at
once substitutes an object of approbation for an ob-
For instance, persecutors
ject of censure. ters of religion
mat-
have no such word as persecution
their vocabulary
characterize
in
all
;
zeal
is
the
in
word by which they
their actions.
In the employment of this fallacy, two things are requisite 1.
A
:
fact or circumstance, which,
name, and seen
in its true colours,
of censure, and which, therefore, guise 2.
;
(^res
The
tegenda
under
its
proper
would be an object
it is
necessary to dis-
;)
appellative,
which the sophist employs
conceal what would be
deemed
to
otfensive, or even to
— FALLACIES OF CONFUSION.
222
bespeak a degree of favour for happier accessary
by the aid of some
it
(Tegumen.)
;
[Ch. 2.
*
Exposure. Influence of the Crown.
Example.
The
sinister influence of the
whicli,
crown
an object
is
expressed by any peculiar and distinctive
if
appellation, would, comparatively speaking, find per-
haps but few defenders, but which, so long as no other denomination
is
employed
for the designation of
than the generic term influence, will rarely meet
it
with indiscriminating reprobation. *
The
device here in question
example drawn from private
life,
haps, in a clearer point of view.
is
By an
not peculiar to politicians.
it
may
to
some eyes be
The word
gallantry
placed, per-
employed
is
to
denote either of two dispositions, which, though not altogether without connexion,
may
these senses, to testify
on
either of
them
In one of
exist without the other.
it
denotes, on the part of the stronger sex, the disposition
all
occasions towards the weaker sex those sentiments of
respect and kindness by
which
distinguished from savage
life.
civilized is so strikingly
In the other sense,
it is,
and happily in the main,
synonymous
(as in-
deed words perfectly synonymous are of rare occurrence) but
that, in
synonymous
to adultery
addition to this sense,
yet, not so completely
:
it
presents an accessary and collateral one.
Having, from the habit of being employed in the other sense, acquired, in addition to
its
direct sense, a collateral sense of the eulogistic cast,
it
serves to give to the act, habit, or disposition,
is
employed
to present,
which
that dyslogistic colouring under which the object direct
and proper name. Whatever act a
known
to
in this sense
something of an eulogistic tincture,
man
is
presented by
will not, in speaking of
it,
make use
known
its
regards himself as being
have performed, or meditates the performance
expectation of his being eventually
it
in lieu of
to
of,
under any
have performed
it,
he
of any term the tendency of which
Ch.
TALLACIES OF CONFUSION.
2.]
Corruption,
whom
—
the term which, in the eyes of those to
this species
probation,
223
of influence
an object of disap-
is
the appropriate and only single-worded
is
term capable of being employed for the expression of it,
—
a term of the dyslogistic cast.
is
any person whose meaning
it
This, then, by
not to join in the
is
condemnation passed on the practice or which
designated,
is
employed. he
things,
and
is
one that cannot possibly be
In speaking of this practice and state of therefore obliged to go
is
some term, which,
find
state of things
upon the look-out,
at the
same time
that
its
claim to the capacity of presenting to view the object in question
is
cannot be contested, shall be of the eulo-
on the part of the hearer or reader, any sentiment of
to call forth,
disapprobation pointed at the sort of act in question, and consequently,
through the performed.
medium of To the word
less impleasant,
casion in which
is it
the act, at the agent by
whom
adultery, this effect, to every
attached by the usage of language. is
it
has been
man more or On every oc-
necessary to his purpose to bring to view an act
of this obnoxious description, he will naturally be on the look-out for
a term
in the use of
meaning, and which,
which he may be supposed in so far as
act in question, presents
it
it
to
have had another
conveys an idea of the forbidden
with an accompaniment, not of reproach,
but rather of approbation, which in general would not have accompanied
it
but for the other signification which the word
to designate.
There
is
is
also
employed
This term he finds in the word gallantry.
a sort of man, who, whether ready or no to commit any
act or acts of adultery,
would gladly be thought
to
have been habitu-
ated to the commission of such acts: but even this sort of man would neither be found to say of himself, " I to
have
that he
it is
said of him, "
am
an adulterer," nor pleased
He is an adulterer." But
a man of gallantry,
—
this is
what the
to
have it said of him
sort of
man
in question
would regard as a compliment, with the sound of which he would be pleased and flattered.
FALLACIES OF CONFUSION.
224
or at least of the neutral cast
gistic
[Ch. 2.
and
;
one or
to
other of these classes belongs the term influence.
Under
of influence
of
it
when
the term influence,
sidered as the possessor of :
it,
the crown
con-
is
are included two species
the one of them, such, that the removal
could not, without an utter reprobation of the
monarchical form of Government, be by any person considered as desirable, nor, without the utter destruction of monarchical government, be considered as pos-
The
sible.
other, such,
that in the opinion of
many
persons the complete destruction or removal of
would
if
possible be desirable
sistently with the
;
and
that,
it
though con-
continuance of the monarchical go-
vernment, the complete removal of
it
would not be
practicable, yet the diminution of
to
such a degree
it
as that the remainder should not be productive of practically pernicious effects
any
would not be impracti-
cable.
Influence of will on
on understanding
on which the
:
utility
influence of under sta?idi7ig
zvill,
in this
may be
seen the distinction
or noxiousness of the sort of in-
fluence in question depends.
In the influence of understanding on understanding,
may be
seen that influence to which, by
exercised, on
whomsoever
exercised,
whomsoever
and on what oc-
casion soever exercised, the freest range ought to be left
—
:
left,
although, as for instance, exercised by the
crown, and on the representatives of the people. that to this influence tive
it
may
Not
not happen to be produc-
of mischief to any amount, but that because, with-
Ch.
FALLACIES OF CONFUSION.
2.]
225
out this influence, scarce any good could be accom-
and because, when
plished,
not present
itself
it is left
least for the entrance of the
The is,
free, disorder
remedy.
influence of understanding on understanding
human
a word, no other than the influence of
in
reason,
miss
—a guide which,
like other guides, is liable to
way, or dishonestly to recommend a wrong
its
but which
course,
ture of the case
Under
is
is
the only guide of which the na-
susceptible.
the British constitution, to the
either the sole
crown belongs
management, or a principal and leading
part of the management, of the public business it is
can-
without leaving the door open at
:
and
only by the influence of understanding on under-
standing, or by the influence of will on will, that by
any person or persons, except by physical force immediately applied, any thing can be done.
To
the execution of the ordinary mass of duties
belonging to the crown, the influence of so long as the persons on
proper persons, it
is
whom
necessary.
it is
On
all
will
on
will,
exercised are the
persons to
whom
belongs to the crown to give orders^ this species of
influence
is
necessary
:
for
it is
only in virtue of this
species of influence that orders, considered as deliver-
ed from a superordinate to a subordinate, in a
word as orders^
gestions, or
mere sug-
arguments operating by the influence of
understanding on understanding, of any
— considered
in contradistinction to
—can be productive
effect.
Thus
far,
then, in the case.of influence of will
Q
on
FALLACIES OF CONFUSION.
22(5 will,
ing'
[Ch, 2.
as well as in the case of influence of understand-
on understanding, no rational and consistent ob-
jection can be case,
made
to the use of influence.
In either
to the epithet legitimate mfiuence
its title
is
above
dispute.
The
case
among
fluence of the
crown
which the epithet probation
others in which the is
open
sinister or
title
to dispute,
—
of the in-
the case in
any other mark of disap-
may be bestowed upon
(bestowed upon
it
the bare possession, and without need of reference to the particular use and application which on any particular occasion
may happen
to be
made of
that where, being of that sort which will
on
will,
question
it is
the person on
exercised
is
whom on
—
is
exercised by
is
the occasion in
member
either a
it),
of parlia-
ment, or a person possessed of an electoral vote with reference to a seat in parliament.
The ground on which exercised
is,
this species of influence thus
by those by
whom
it
is
spoken of with
disapprobation, represented as sinister, and deserving
of that disapprobation, so far as this influence to be will
it
pronounced
is
is
is
simply efficient,
much, that
:
—
viz.
that in
the will professed
not in truth the will of him whose
professes to be, but the will of
the influence originates, and from in so
this
if,
for
him
whom
it
in
whom
proceeds
:
example, every member of
parliament without exception were in each house under the dominion of the influence of the crown, and in
every individual instance that influence were effectual, the monarchy, instead of being the limited sort of
Ch.
FALLACIES OF CONFUSION.
2.]
monarchy
it
solute one,
227
professes to be, would be in effect an ab-
—
form alone a limited one
in
nor so
;
much
as in form a limited one any longer than
pened
to be the pleasure of the
monarch that
it
it
hap-
should
continue to be.
The
functions attached to the situation of a
ber of parliament
may
be included, most or
them, under three denominations judicial,
and the
of which,
in
inquisitorial
—
memall
of
the legislative^, the
the legislative, in virtue
:
each house, each
member
takes a part in the making of laws
:
that pleases
the judicial,
which, whether penal cases or cases non-penal be considered,
not exercised to any considerable extent
is
but by the House of Lords exercise of which facts,
is
:
and the
inquisitorial, the
performed by an inquiry into
with a view to the exercise either of legislative
authority, or of judicial authority, or both, whichever
the case
may
To
be found to require.
of either branch
may
be referred what
on the ground of some defect
is
the exercise
done, when,
either in point of moral
or intellectual fitness, or both, application either house for the removal of,
is
made by
any member or mem-
bers of the executive branch of the official establisli-
ment, any servant or servants of the crown.
But
for
argument sake, suppose the above-mention-
ed extreme case to be realized,
all
these functions are
equally nugatory.
Whatever law
crown,
only introduced but carried.
will be not
law that
much
is
is
acceptable to the
not acceptable to the crown,
as introduced.
Every judgment that
Q 2
will is
No be so
accept-
FALLACIES OF CONFUSION.
228
No judgment
able to the crown will be pronounced. that
is
[Ch. 2.
not acceptable to the crown will be pronounced.
Every inquiry that
No
made.
crown
will
is
acceptable to the crown will be
inquiry that
be made; and
acceptable to the
not
is
particular,
in
part of the servants of the crown, any or
misconduct
will
ever be
no such application this state
all
of then),
every imaginable shape be ever so
in
enormous, no application that
crown
on the
let,
made will
not acceptable to the
is
for their
made
ever be
of things, supposing
removal
that
:
at all
for in
;
in the instance of
it
is,
any
servant of the crown to be the pleasure of the crown to
remove him, he
w^ill
be removed of course;
nor
can any such application be productive of any thing better than needless loss of time.
Raised to the pitch supposed there are not,
by is
whom
it is
supposed,
in this
extreme case,
many men in
the country
the influence of the crown, of that sort which
exercised by the will of the crown on the wills of
members of parliament, would not be
really regarded
as coming under the denomination of
not so
much
as a single one
fluence
;
title to
that denomination
sinister
by
in-
whom
its
would be openly denied.
But among members of parliament, many there are on whom, beyond fluence
—
no man
influence of
can be
from which he
on him him,
;
possibility of denial, this sort of invvill
on
will
in possession of is
—
removable, without
say rather, without
is
exerted
:
since
any desirable situation
its
its
being exerted
exerting himself on
for to the production of the full effect of in-
Ch.
FALLACIES OF CONFUSION.
2.]
fluence,
no
act,
229
no express intimation of
part of any person,
will
Here, then, comes the grand question
In some will,
on
crown on a member of
exercising itself from the
Commons composed
member of
—not any —not any
the
House
of the elected representatives
of the people, not any the least particle
tive,
in dispute.
opinions, of that sort of influence of will
parliament, or at any rate on a
of
on the
any such situation necessary.
is in
the least particle
is
any way
in
the least particle, in
necessary,
is
so far as
beneficial, it is
opera-
can be other than pernicious.
In the language of those by
whom
held, every particle of such influence fluence,
opinion
this
is
sinister in-
is
corrupt or corruptive influence, or in one
word corruption. Others there are in whose opinion, or at any if
rate,
not in their opinion, in whose language, of that
fluence thus actually exercising
some
part at any rate,
ficial,
and not only
is
itself,
the whole, or
not only innoxious but bene-
beneficial but, to the
maintenance
of the constitution in a good and healthful solutely necessary rally
:
and
to this
be supposed to belong
all
obnoxious species of influence itself.
in-
state, ab-
number must natuthose on is
whom
this
actually exercising
230
FALLACIES OF CONFUSION.
CHAPTER Vague
\Ch. 3.
III.
Generalities.
Ad judicium. E.vpositio?i.
Vague
generalities
comprehend a numerous
class
of fallacies resorted to by those who, in preference to the most particular and determinate terms and expressions which the nature of the case in question admits
employ others more general and indeterminate.
of,
An
expression
signates,
is
vague and ambiguous when
it
de-
by one and the same appellative, an object
which may be good or bad, according
to circumstances;
course of an inquiry touching the quali-
and
if,
ties
of such an object, such an expression
in the
is
employed
without a recognition of this distinction, the expression operates as a fallacy.
Take, for instance, the terms, government^ lawSy
The genus comprehended in each the terms may be divided into two species
morals, religion.
of these
—
good and the bad have been and
;
still
for
no one can deny that there
are in the world, bad governments,
bad laws, bad systems of morals, and bad religions.
The
bare circumstance, therefore, of a man's attack-
ing government or law, morals or religion, does not of itself afford the slightest
gaged
in
presumption that he
any thing blameable
:
if his
attack
is
is
en-
only
Ch.
FALLACIES OF CONFUSION.
3.]
directed against that which
may
bad
is
231
in each, his efforts
be productive of good to any extent.
This essential distinction the defender of abuse takes care to keep out of sight, and boldly imputes to
an intention to subvert
his antagonist
governments,
all
laws, morals, or religion.
But
in
it is
the
way of
insinuation, rather than in
the form of direct assertion, that the argument this case
most commonly brought
any thing with a view
to the
existing practice in relation to
to bear.
is in
Propose
improvement of the
government at
large, to
the law, or to religion, he will treat you with an oration
on the
and necessity of government, of
utility
To what
end ? To the end that draw the inference which of your own accord you may law, or of religion.
it
is
his desire
proposed has judicial to
tendency something which
in its
one or other or
Of the
ral regard.
veyed, had
you should draw, even that what
it
is
pre-
of these objects of gene-
truth of the intimation thus con-
been made in the form of a direct asser-
tion or averment,
been looked
all
is
for.
some proof might
By a
naturally have
direct assertion, a sort of no-
tice is given to the hearer or reader to
self for
something
nothing
is
in the
prepare him-
shape of proof: but when
asserted, nothing
is
on the one hand
offer-
ed, nothing on the other expected, to be proved.
FALLACIES OF CONFUSION.
'23'2
[Cli. 3.
Exposure. 1.
Among
Order.
the several cloudy appellatives which have
been commonly employed as cloaks for misgovernthere
inent,
is
none more conspicuous
atmo-
in this
sphere of illusion than the word Order.
The word order is
more extensive than But, what
;
;
—the word order
law, or even than government.
more
is still
of the eulogistic cast
adapted to
in a peculiar degree
is
the purpose of a cloak for tyranny
word order
material, the
is
whereas the words government
and lan\ howsoever the things
may have
signified
been taken in the lump for subjects of praise, the
complexion of the signs themselves neutral tion
:
and
just as
is
is
still
tolerably
the case with the words constitu-
institutions.
Thus, whether the measure or arrangement be a
mere
transitory
measure or a permanent law,
a tyrannical one, be
it
if it
ever so tyrannical, in the
be
word
order you have a term not only wide enough, but in every respect better adapted than any other which the
language can supply, to serve as a cloak for
it.
Sup-
pose any number of men, by a speedy death or a
lin-
gering one, destroyed for meeting one another for the
purpose of obtaining a remedy for the abuses by which they are suffering, what nobody can deny their destruction, order
order
is
is
maintained
as truly order as the best.
;
is,
that by
for the
worst
Accordingly, a
clearance of this sort having been effected, suppose in
— FALLACIES OF CONFUSION.
Sect. I.]
233
the
House of Commons a Lord Castlereagh, or in House of Lords a Lord Sid mouth, to stand up
and
insist that
the
by a measure so undeniably prudential
order was maintained, with what truth could they be contradicted
And who
?
there that would have the
is
boldness to assert that order ought not to be maintained
To
?
the word *"?!
^rry,-
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