Part One: Liberalism and Socialism

Part One: Liberalism and Socialism

Chapter 1: Ownership

Chapter 1: Ownership

1. The Nature of Ownership

1. The Nature of Ownership

Regarded as a sociological category ownership appears as the power to use economic goods. An owner is he who disposes of an economic good.

Thus the sociological and juristic concepts of ownership are different. This, of course, is natural, and one can only be surprised that the fact is still sometimes overlooked. From the sociological and economic point of view, ownership is the having of the goods which the economic aims of men require.1  This having may be called the natural or original ownership, as it is purely a physical relationship of man to the goods, independent of social relations between men or of a legal order. The significance of the legal concept of property lies just in this — that it differentiates between the physical has and the legal should have. The Law recognizes owners and possessors who lack this natural having, owners who do not have, but ought to have. In the eyes of the Law ‘he from whom has been stolen’ remains owner, while the thief can never acquire ownership. Economically, however, the natural having alone is relevant, and the economic significance of the legal should have lies only in the support it lends to the acquisition, the maintenance, and the regaining of the natural having.

To the Law ownership is a uniform institution. It makes no difference whether goods of the first order or goods of higher order form its subject, or whether it deals with durable consumption goods or non-durable consumption goods. The formalism of the Law, divorced as it is from any economic basis, is clearly expressed in this fact. Of course, the Law cannot isolate itself completely from economic differences which may be relevant. The peculiarity of land as a means of production is, partly, what gives the ownership of real property its special position in the Law. Such economic differences are expressed, more clearly than in the law of property itself, in relationships which are sociologically equivalent to ownership but juristically allied to it only, e.g. in servitudes and, especially, in usufruct. But on the whole, in Law formal equality covers up material differences.

Considered economically, ownership is by no means uniform. Ownership in consumption goods and ownership in production goods differ in many ways, and in both cases, again, we must distinguish between durable goods and goods that are used up.

Goods of the first order, the consumption goods, serve the immediate satisfaction of wants. In so far as they are goods that are used up, goods, that is, which in their nature can be used but once, and which lose their quality as goods when they are used, the significance of ownership lies practically in the possibility of consuming them. The owner may also allow his goods to spoil unenjoyed or even permit them to be destroyed intentionally, or he may give them in exchange or give them away. In every case he disposes of their use, which cannot be divided.

The position is a little different with goods of lasting use, those consumption goods that can be used more than once. They may serve several people successively. Here, again, those are to be regarded as owners in the economic sense who are able to employ for their own purposes the uses afforded by the goods. In this sense, the owner of a room is he who inhabits it at the time in question; the owners of the Matterhorn, as far as it is part of a natural park, are those who set foot on it to enjoy the landscape; the owners of a picture are those who enjoy looking at it.2  The having of the uses which these goods afford is divisible, so that the natural ownership of them is divisible also.

Production goods serve enjoyment only indirectly. They are employed in the production of consumption goods. Consumption goods emerge finally from the successful combination of production goods and labour. It is the ability to serve thus indirectly for the satisfaction of wants which qualifies a thing as a production good. To dispose of production goods is to have them naturally. The having of production goods is of economic significance only because and in so far as it leads finally to a having of consumption goods.

Goods to be used up, which are ripe for consumption, can be had but once — by the person who consumes them. Goods of lasting use, which are ripe for consumption, may be had, in temporal succession, by a number of people; but simultaneous use will disturb the enjoyment of others, even though this enjoyment is not quite excluded by the nature of the commodity. Several people may simultaneously look at a picture, even though the proximity of others, who perhaps keep him from the most favourable viewpoint, may disturb the enjoyment of any individual in the group; but a coat cannot be worn simultaneously by two people. In the case of consumption goods the having which leads to the satisfaction of wants by the goods cannot be further divided than can the uses which arise from the goods. This means that with goods to be used up, natural ownership by one individual completely excludes ownership by all others, while with durable goods ownership is exclusive at least at a given point of time and even in regard to the smallest use arising from it. For consumption goods, any economically significant relationship other than that of the natural having by individuals is unthinkable. As goods to be used up absolutely and as durable goods, at least to the extent of the smallest use arising from them, they can be in the natural ownership of one person only. Ownership here is also private ownership, in the sense that it deprives others of the advantages which depend upon the right of disposing of the goods.

For this reason, also, it would be quite absurd to think of removing or even of reforming ownership in consumption goods. It is impossible in any way to alter the fact that an apple which is enjoyed is used up and that a coat is worn out in the wearing. In the natural sense consumption goods cannot be the joint property of several or the common property of all. In the case of consumption goods, that which one usually calls joint property has to be shared before consumption. The joint ownership ceases at the moment a commodity is used up or employed. The having of the consumer must be exclusive. Joint property can never be more than a basis for the appropriation of goods out of a common stock. Each individual partner is owner of that part of the total stock which he can use for himself. Whether he is already owner legally, or owner only through the division of the stock, or whether he becomes legal owner at all, and whether or not a formal division of the stock precedes consumption — none of these questions is economically material. The fact is that even without division he is owner of his lot.

Joint property cannot abolish ownership in consumption goods. It can only distribute ownership in a way which would not otherwise have existed. Joint property restricts itself, like all other reforms which stop short at consumption goods, to effecting a different distribution of the existing stock of consumption goods. When this stock is exhausted its work is done. It cannot refill the empty storehouses. Only those who direct the disposal of production goods and labour can do this. If they are not satisfied with what they are offered, the flow of goods which is to replenish stocks ceases. Therefore, any attempt to alter the distribution of consumption goods must in the last resort depend on the power to dispose of the means of production.

The having of production goods, contrary to that of consumption goods, can be divided in the natural sense. Under conditions of isolated production the conditions of sharing the having of production goods are the same as the conditions of sharing consumption goods. Where there is no division of labour the having of goods can only be shared if it is possible to share the services rendered by them. The having of non-durable production goods cannot be shared. The having of durable production goods can be shared according to the divisibility of the services they provide. Only one person can have a given quantity of grain, but several may have a hammer successively; a river may drive more than one water wheel. So far, there is no peculiarity about the having of production goods. But in the case of production with division of labour there is a two-fold having of such goods. Here in fact the having is always two-fold: there is a physical having (direct), and a social having (indirect). The physical having is his who holds the commodity physically and uses it productively; the social having belongs to him who, unable to dispose physically or legally of the commodity, may yet dispose indirectly of the effects of its use, i.e. he who can barter or buy its products or the services which it provides. In this sense natural ownership in a society which divides labour is shared between the producer and those for whose wants he produces. The farmer who lives self-sufficiently outside exchange society can call his fields, his plough, his draught animals his own, in the sense that they serve only him. But the farmer whose enterprise is concerned with trade, who produces for and buys in the market, is owner of the means of production in quite a different sense. He does not control production as the self-supporting peasant does. He does not decide the purpose of his production; those for whom he works decide it — the consumers. They, not the producer, determine the goal of economic activity. The producer only directs production towards the goal set by the consumers.

But further owners of the means of production are unable in these conditions to place their physical having directly into the service of production. Since all production consists in combining the various means of production, some of the owners of such means must convey their natural ownership to others, so that the latter may put into operation the combinations of which production consists. Owners of capital, land, and labour place these factors at the disposal of the entrepreneur, who takes over the immediate direction of production. The entrepreneurs, again, conduct production according to the direction set by the consumers, who are no other than the owners of the means of production: owners of capital, land, and labour. Of the product, however, each factor receives the share to which he is economically entitled, according to the value of his productive contribution in the yield.

In essence, therefore, natural ownership of production goods is quite different from natural ownership of consumption goods. To have production goods in the economic sense, i.e. to make them serve one’s own economic purposes, it is not necessary to have them physically in the way that one must have consumption goods if one is to use them up or to use them lastingly. To drink coffee I do not need to own a coffee plantation in Brazil, an ocean steamer, and a coffee roasting plant, though all these means of production must be used to bring a cup of coffee to my table. Sufficient that others own these means of production and employ them for me. In the society which divides labour no one is exclusive owner of the means of production, either of the material things or of the personal element, capacity to work. All means of production render services to everyone who buys or sells on the market. Hence if we are disinclined here to speak of ownership as shared between consumers and owners of the means of production, we should have to regard consumers as the true owners in the natural sense and describe those who are considered as the owners in the legal sense as administrators of other people’s property.3  This, however, would take us too far from the accepted meaning of the words. To avoid misinterpretation it is desirable to manage as far as possible without new words and never to employ, in an entirely different sense, words habitually accepted as conveying a particular idea. Therefore, renouncing any particular terminology, let us only stress once more that the essence of the ownership of the means of production in a society which divides labour differs from that found where the division of labour does not take place; and that it differs essentially from the ownership of consumption goods in any economic order. To avoid any misunderstanding we will henceforth use the words, ‘ownership of the means of production’ in the generally accepted sense, i.e. to signify the immediate power of disposal.

  • 1Böhm-Bawerk, Rechte und Verhältnisse vom Standpunkte der volkswirtschaftlichen Güterlehre, Innsbruck 1881, p. 37.
  • 2Fetter, The Principles of Economics, 3rd Ed., New York 1913, p. 408.
  • 3See the verses of Horace:
          ‘Si proprium est quod quis libra mercatus et aere est,
          quaedam, si credis consultis, mancipat usus:
          qui te pascit ager, tuus est; et vilicus Orbi
          cum segetes occat tibi mox frumenta daturas,
          te dominum sentit, das nummos: accipis uvam
          pullos ova, cadum temeti.’
    (2. Epistol., 2, 158-63). — The attention of economists was first drawn to this passage by Effertz (‘Arbeit und Boden’, new edition, Berlin 1897, Vol. I, pp. 72, 79).

2. Violence and Contract

2. Violence and Contract

The physical having of economic goods, which economically considered constitutes the essence of natural ownership, can only be conceived as having originated through Occupation. Since ownership is not a fact independent of the will and action of man, it is impossible to see how it could have begun except with the appropriation of ownerless goods. Once begun ownership continues, as long as its object does not vanish, until either it is given up voluntarily or the object passes from the physical having of the owner against his will. The first happens when the owner voluntarily gives up his property; the latter when he loses it involuntarily – e.g. when cattle stray into the wilds — or when some other person forcibly takes the property from him.

All ownership derives from occupation and violence. When we consider the natural components of goods, apart from the labour components they contain, and when we follow the legal title back, we must necessarily arrive at a point where this title originated in the appropriation of goods accessible to all. Before that we may encounter a forcible expropriation from a predecessor whose ownership we can in its turn trace to earlier appropriation or robbery. That all rights derive from violence, all ownership from appropriation or robbery, we may freely admit to those who oppose ownership on considerations of natural law. But this offers not the slightest proof that the abolition of ownership is necessary, advisable or morally justified.

Natural ownership need not count upon recognition by the owners’ fellow men. It is tolerated, in fact, only as long as there is no power to upset it and it does not survive the moment when a stronger man seizes it for himself. Created by arbitrary force it must always fear a more powerful force. This the doctrine of natural law has called the war of all against all. The war ends when the actual relation is recognized as one worthy to be maintained. Out of violence emerges law.

The doctrine of natural law has erred in regarding this great change, which lifts man from the state of brutes into human society, as a conscious process; as an action, that is, in which man is completely aware of his motives, of his aims and how to pursue them. Thus was supposed to have been concluded the social contract by which the State and the community, the legal order, came into existence. Rationalism could find no other possible explanation after it had disposed of the old belief which traced social institutions back to divine sources or at least to the enlightenment which came to man through divine inspiration.1  Because it led to present conditions, people regarded the development of social life as absolutely purposeful and rational; how then could this development have come about, except through conscious choice in recognition of the fact that it was purposeful and rational? To-day we have other theories with which to explain the matter. We talk of natural selection in the struggle for existence and of the inheritance of acquired characteristics, though all this, indeed, brings us no nearer to an understanding of ultimate riddles than can the theologian or the rationalist. We can ‘explain’ the birth and development of social institutions by saying that they were helpful in the struggle for existence, by saying that those who accepted and best developed them were better equipped against the dangers of life than those who were backward in this respect. To point out how unsatisfactory is such an explanation nowadays would be to bring owls to Athens. The time when it satisfied us and when we proposed it as a final solution of all problems of being and becoming is long since past. It takes us no further than theology or rationalism. This is the point at which the individual sciences merge, at which the great problems of philosophy begin — at which all our wisdom ends.

No great insight, indeed, is needed to show that Law and the State cannot be traced back to contracts. It is unnecessary to call upon the learned apparatus of the historical school to show that no social contract can anywhere be established in history. Realistic science was doubtless superior to the Rationalism of the seventeenth and eighteenth centuries in the knowledge that can be gained from parchments and inscriptions, but in sociological insight it lagged far behind. For however we may reproach a social philosophy of Rationalism we cannot deny that it has done imperishable work in showing us the effects of social institutions. To it we owe above all our first knowledge of the functional significance of the legal order and of the State.

Economic action demands stable conditions. The extensive and lengthy process of production is the more successful the greater the periods of time to which it is adapted. It demands continuity, and this continuity cannot be disturbed without the most serious disadvantages. This means that economic action requires peace, the exclusion of violence. Peace, says the rationalist, is the goal and purpose of all legal institutions; but we assert that peace is their result, their function.2  Law, says the rationalist, has arisen from contracts; we say that Law is a settlement, an end to strife, an avoidance of strife. Violence and Law, War and Peace, are the two poles of social life; but its content is economic action.

All violence is aimed at the property of others. The person — life and health — is the object of attack only in so far as it hinders the acquisition of property. (Sadistic excesses, bloody deeds which are committed for the sake of cruelty and nothing else, are exceptional occurrences. To prevent them one does not require a whole legal system. To-day the doctor, not the judge, is regarded as their appropriate antagonist.) Thus it is no accident that it is precisely in the defence of property that Law reveals most clearly its character of peacemaker. In the two-fold system of protection accorded to having, in the distinction between ownership and possession, is seen most vividly the essence of the law as peacemaker — yes, peacemaker at any price. Possession is protected even though it is, as the jurists say, no title. Not only honest but dishonest possessors, even robbers and thieves, may claim protection for their possession.3

Some believe that ownership as it shows itself in the distribution of property at a given time may be attacked by pointing out that it has sprung illegally from arbitrary acquisition and violent robbery. According to this view all legal rights are nothing but time-honoured illegality. So, since it conflicts with the eternal, immutable idea of justice, the existing legal order must be abolished and in its place a new one set which shall conform to that idea of justice. It should not be the task of the State ‘to consider only the condition of possession in which it finds its citizens, without inquiring into the legal grounds of acquisition’. Rather is it ‘the mission of the State first to give everyone his own, first to put him into his property, and only then to protect him in it’.4  In this case one either postulates an eternally valid idea of justice which it is the duty of the State to recognize and realize; or else one finds the origin of true Law, quite in the sense of the contract theory, in the social contract, which contract can only arise through the unanimous agreement of all individuals who in it divest themselves of a part of their natural rights. At the basis of both hypotheses lies the natural law view of the ‘right that is born with us’. We must conduct ourselves in accordance with it, says the former; by divesting ourselves of it according to the conditions of the contract the existing legal system arises, says the latter. As to the source of absolute justice, that is explained in different ways. According to one view, it was the gift of Providence to Humanity. According to another, Man created it with his Reason. But both agree that Man’s ability to distinguish between justice and injustice is precisely what marks him from the animal; that this is his ‘moral nature’.

To-day we can no longer accept these views, for the assumptions with which we approach the problem have changed. To us the idea of a human nature which differs fundamentally from the nature of all other living creatures seems strange indeed; we no longer think of man as a being who has harboured an idea of justice from the beginning. But if, perhaps, we offer no answer to the question how Law arose, we must still make it clear that it could not have arisen legally. Law cannot have begot itself of itself. Its origin lies beyond the legal sphere. In complaining that Law is nothing more or less than legalized injustice, one fails to perceive that it could only be otherwise if it had existed from the very beginning. If it is supposed to have arisen once, then that which at that moment became Law could not have been Law before. To demand that Law should have arisen legally is to demand the impossible. Whoever does so applies to something standing outside the legal order a concept valid only within the order.

We who only see the effect of Law — which is to make peace — must realize that it could not have originated except through a recognition of the existing state of affairs, however that has arisen. Attempts to do otherwise would have renewed and perpetuated the struggle. Peace can come about only when we secure a momentary state of affairs from violent disturbance and make every future change depend upon the consent of the person involved. This is the real significance of the protection of existing rights, which constitutes the kernel of all Law.

Law did not leap into life as something perfect and complete. For thousands of years it has grown and it is still growing. The age of its maturity — the age of impregnable peace — may never arrive. In vain have the systematicians of Law sought dogmatically to maintain the division between private and public Law which doctrine has handed down to us and which in practice they think it cannot do without. The failure of these attempts — which indeed has led many to abandon the distinction — must not surprise us. The division is not, as a matter of fact, dogmatic; the system of Law is uniform and cannot comprehend it. The division is historical, the result of the gradual evolution and accomplishment of the idea of Law. The idea of Law is realized at first in the sphere in which the maintenance of peace is most urgently needed to assure economic continuity — that is, in the relations between individuals. Only for the further development of the civilization which rises on this foundation does the maintenance of peace in a more advanced sphere become essential. This purpose is served by Public Law. It does not formally differ from Private Law. But it is felt to be something different. This is because only later does it attain the development vouchsafed earlier to Private Law. In Public Law the protection of existing rights is not yet as strongly developed, as it is in Private Law.5  Outwardly the immaturity of Public Law can most easily be recognized perhaps in the fact that it has lagged behind Private Law in systematization. International Law is still more backward. Intercourse between nations still recognizes arbitrary violence as a solution permissible under certain conditions whereas, on the remaining ground regulated by Public Law, arbitrary violence in the form of revolution stands, even though not effectively suppressed, outside the Law. In the domain of Private Law this violence is wholly illegal except as an act of defence, when it is permitted under exceptional circumstances as a gesture of legal protection.

The fact that what became Law was formerly unjust or, more precisely expressed, legally indifferent, is not a defect of the legal order. Whoever tries juristically or morally to justify the legal order may feel it to be such. But to establish this fact in no way proves that it is necessary or useful to abolish or alter the system of ownership. To endeavour to demonstrate from this fact that the demands for the abolition of ownership were legal would be absurd.

  • 1Etatistic social philosophy, which carries all these institutions back to the ‘state’, returns to the old theological explanation. In it the state assumes the position which the theologians assign to God.
  • 2J. S. Mill, Principles of Political Economy, People’s Edition, London 1867, p. 124.
  • 3Dernburg, Pandekten, Sixth Edition, Berlin 1900, Vol. I, Part 11, p. 12.
  • 4Fichte, Der geschlossene Handelsstaat, herg. v. Medicus, Leipzig 1910, p. 12.
  • 5Liberalism tried to extend the protection of acquired rights by developing the subjective public rights and extending legal protection through the law courts. Etatism and Socialism, on the contrary, try to restrict increasingly the sphere of private law in favour of public law.

3. The Theory of Violence and the Theory of Contract

3. The Theory of Violence and the Theory of Contract

It is only slowly and with difficulty that the idea of Law triumphs. Only slowly and with difficulty does it rebut the principle of violence. Again and again there are reactions; again and again the history of Law has to start once more from the beginning. Of the ancient Germans Tacitus relates: ‘Pigrum quin immo et iners videtur sudore adquirere quod possis sanguine parare.’1  It is a far cry from this view to the views that dominate modern economic life.

This contrast of view transcends the problems of ownership, and embraces our whole attitude to life. It is the contrast between a feudal and a bourgeois way of thought. The first expresses itself in romantic poetry, whose beauty delights us, though its view of life can carry us away only in passing moments and while the impression of the poetry is fresh.2  The second is developed in the liberal social philosophy into a great system, in the construction of which the finest minds of all ages have collaborated. Its grandeur is reflected in classical literature. In Liberalism humanity becomes conscious of the powers which guide its development. The darkness which lay over the paths of history recedes. Man begins to understand social life and allows it to develop consciously.

The feudal view did not achieve a similarly closed systematization. It was impossible to think out, to its logical conclusion, the theory of violence. Try to realize completely the principle of violence, even only in thought, and its anti-social character is unmasked. It leads to chaos, to the war of all against all. No sophistry can evade that. All anti-liberal social theories must necessarily remain fragments or arrive at the most absurd conclusions. When they accuse Liberalism of considering only what is earthly, of neglecting, for the petty struggles of daily life, to care for higher things, they are merely picking the lock of an open door. For Liberalism has never pretended to be more than a philosophy of earthly life. What it teaches is concerned only with earthly action and desistance from action. It has never claimed to exhaust the Last or Greatest Secret of Man. The anti-liberal teachings promise everything. They promise happiness and spiritual peace, as if man could be thus blessed from without. Only one thing is certain, that under their ideal social system the supply of commodities would diminish very considerably. As to the value of what is offered in compensation opinions are at least divided.3

The last resort of the critics of the liberal ideal of society is to attempt to destroy it with the weapons it itself provides. They seek to prove that it serves and wants to serve only the interests of single classes; that the peace, for which it seeks, favours only a restricted circle and is harmful to all others. Even the social order, achieved in the constitutional modern state, is based on violence. The free contracts on which it pretends to rest are really, they say, only the conditions of a peace dictated by the victors to the vanquished, the terms being valid as long as the power from which they sprang continues, and no longer. All ownership is founded on violence and maintained by violence. The free workers of the liberal society are nothing but the unfree of feudal times. The entrepreneur exploits them as a feudal lord exploited his serfs, as a planter exploited his slaves. That such and similar objections can be made and believed will show how far the understanding of liberal theories has decayed. But these objections in no way atone for the absence of a systematic theory for the movement against Liberalism.

The liberal conception of social life has created the economic system based on the division of labour. The most obvious expression of the exchange economy is the urban settlement, which is only possible in such an economy. In the towns the liberal doctrine has been developed into a closed system and it is here that it has found most supporters. But the more and the quicker wealth grew and the more numerous therefore were the immigrants from the country into the towns, the stronger became the attacks which Liberalism suffered from the principle of violence. Immigrants soon find their place in urban life, they soon adopt, externally, town manners and opinions, but for a long time they remain foreign to civic thought. One cannot make a social philosophy one’s own as easily as a new costume. It must be earned — earned with the effort of thought. Thus we find, again and again in history, that epochs of strongly progressive growth of the liberal world of thought, when wealth increases with the development of the division of labour, alternate with epochs in which the principle of violence tries to gain supremacy — in which wealth decreases because the division of labour decays. The growth of the towns and of the town life was too rapid. It was more extensive than intensive. The new inhabitants of the towns had become citizens superficially, but not in ways of thought. And so with their ascendancy civic sentiment declined. On this rock all cultural epochs filled with the bourgeois spirit of Liberalism have gone to ruin; on this rock also our own bourgeois culture, the most wonderful in history, appears to be going to ruin. More menacing than barbarians storming the walls from without are the seeming citizens within — those who are citizens in gesture, but not in thought.

Recent generations have witnessed a mighty revival of the principle of violence. Modern Imperialism, whose outcome was the World War with all its appalling consequences, develops the old ideas of the defenders of the principle of violence under a new mask. But of course even Imperialism has not been able to set in opposition to liberal theory a complete system of its own. That the theory according to which struggle is the motive power of the growth of society should in any way lead to a theory of co-operation is out of the question — yet every social theory must be a theory of co-operation. The theory of modern Imperialism is characterized by the use of certain scientific expressions such as the doctrine of the struggle for existence and the concept of the race. With these it was possible to coin a multitude of slogans, which have proved themselves effective for propaganda but for nothing else. All the ideas paraded by modern Imperialism have long since been exploded by Liberalism as false doctrines.

Perhaps the strongest of the imperialist arguments is an argument which derives from a total misconception of the essence of the ownership of the means of production in a society dividing labour. It regards as one of its most important tasks the provision of the nation with its own coal mines, own sources of raw material, own ships, own ports. It is clear that such an argument proceeds from the view that natural ownership in these means of production is undivided, and that only those benefit from them who have them physically. It does not realize that this view leads logically to the socialist doctrine with regard to the character of ownership in the means of production. For if it is wrong that Germans do not possess their own German cotton plantations, why should it be right that every single German does not possess his coal mine, his spinning mill? Can a German call a Lorraine iron ore mine his any more when a German citizen possesses it than when a French citizen possesses it?

So far the imperialist agrees with the socialist in criticism of bourgeois ownership. But the socialist has tried to devise a closed system of a future social order and this the imperialist could not do.

  • 1Tacitus, Germania, 14.
  • 2A fine poetic mockery of the romantic longing, ‘Where thou art not, there is happiness’, is to be found in the experiences of Counsellor Knap in Andersen’s ‘The Galoshes of Fortune’.
  • 3Wiese, Der Liberalismus in Vergangenheit und Zukunft, Berlin 1917, p. 58 et seq.

4. Collective Ownership of the means of Production

4. Collective Ownership of the means of Production

The earliest attempts to reform ownership and property can be accurately described as attempts to achieve the greatest possible equality in the distribution of wealth, whether or not they claimed to be guided by considerations of social utility or social justice. All should possess a certain minimum, none more than a certain maximum. All should possess about the same amount –that was, roughly, the aim. The means to this end were not always the same. Confiscation of all or part of the property was usually proposed, followed by redistribution. A world populated only by self-sufficient agriculturists, leaving room for at most a few artisans — that was the ideal society towards which one strove. But to-day we need not concern ourselves with all these proposals. They become impracticable in an economy dividing labour. A railway, a rolling mill, a machine factory cannot be distributed. If these ideas had been put into practice centuries or millenniums ago, we should still be at the same level of economic development as we were then — unless, of course, we had sunk back into a state hardly distinguishable from that of brutes. The earth would be able to support but a small fraction of the multitudes it nourishes to-day, and everyone would be much less adequately provided for than he is, less adequately even than the poorest member of an industrial state. Our whole civilization rests on the fact that men have always succeeded in beating off the attack of the re-distributors. But the idea of re-distribution enjoys great popularity still, even in industrial countries. In those countries where agriculture predominates the doctrine calls itself, not quite appropriately, Agrarian Socialism, and is the end-all and be-all of social reform movements. It was the main support of the great Russian revolution, which against their will temporarily turned the revolutionary leaders, born Marxists, into the protagonists of its ideal. It may triumph in the rest of the world and in a short time destroy the culture which the effort of millenniums has built up. For all this, let us repeat, one single word of criticism is superfluous. Opinions on the matter are not divided. It is hardly necessary to prove to-day that it is impossible to found on a ‘land and homestead communism’ a social organization capable of supporting the hundreds of millions of the white race.

A new social ideal long ago supplanted the naive fanaticism for equality of the distributors, and now not distribution but common ownership is the slogan of Socialism. To abolish private property in the means of production, to make the means of production the property of the community, that is the whole aim of Socialism.

In its strongest and purest form the socialistic idea has no longer anything in common with the ideal of re-distribution. It is equally remote from a nebulous conception of common ownership in the means of consumption. Its aim is to make possible for everyone an adequate existence. But it is not so artless as to believe that this can be achieved by the destruction of the social system which divides labour. True, the dislike of the market, which characterizes enthusiasts of re-distribution, survives; but Socialism seeks to abolish trade otherwise than by abolishing the division of labour and returning to the autarky of the self-contained family economy or at least to the simpler exchange organization of the self-sufficient agricultural district.

Such a socialistic idea could not have arisen before private property in the means of production had assumed the character which it possesses in the society dividing labour. The interrelation of separate productive units must first reach the point at which production for external demand is the rule, before the idea of common property in the means of production can assume a definite form. The socialist ideas could not be quite clear until the liberal social philosophy had revealed the character of social production. In this sense, but in no other, Socialism may be regarded as a consequence of the liberal philosophy.

Whatever our view of its utility or its practicability, it must be admitted that the idea of Socialism is at once grandiose and simple. Even its most determined opponents will not be able to deny it a detailed examination. We may say, in fact, that it is one of the most ambitious creations of the human spirit. The attempt to erect society on a new basis while breaking with all traditional forms of social organization, to conceive a new world plan and foresee the form which all human affairs must assume in the future — this is so magnificent, so daring, that it has rightly aroused the greatest admiration. If we wish to save the world from barbarism we have to conquer Socialism, but we cannot thrust it carelessly aside.

5. Theories of the Evolution of Property

5. Theories of the Evolution of Property

It is an old trick of political innovators to describe that which they seek to realize as Ancient and Natural, as something which has existed from the beginning and which has been lost only through the misfortune of historical development; men, they say, must return to this state of things and revive the Golden Age. Thus natural law explained the rights which it demanded for the individual as inborn, inalienable rights bestowed on him by Nature. This was no question of innovation, but of the restoration of the ‘eternal rights which shine above, inextinguishable and indestructible as the stars themselves’. In the same way the romantic Utopia of common ownership as an institution of remote antiquity has arisen. Almost all peoples have known this dream. In Ancient Rome it was the legend of the Golden Age of Saturn, described in glowing terms by Virgil, Tibullus, and Ovid, and praised by Seneca.1  Those were the carefree, happy days when none had private property and all prospered in the bounty of a generous Nature.2  Modern Socialism, of course, imagines itself beyond such simplicity and childishness, but its dreams differ little from those of the Imperial Romans.

Liberal doctrine had stressed the important part played in the evolution of civilization by private property in the means of production. Socialism might have contented itself with denying the use of maintaining the institution of ownership any longer, without denying at the same time the usefulness of this ownership in the past. Marxism indeed does this by representing the epochs of simple and of capitalistic production as necessary stages in the development of society. But on the other hand it joins with other socialist doctrines in condemning with a strong display of moral indignation all private property that has appeared in the course of history. Once upon a time there were good times when private property did not exist; good times will come again when private property will not exist.

In order that such a view might appear plausible the young science of Economic History had to provide a foundation of proof. A theory demonstrating the antiquity of the common land system was constructed. There was a time, it was said, when all land had been the common property of all members of the tribe. At first all had used it communally; omy later, while the common ownership was still maintained, were the fields distributed to individual members for separate use. But there were new distributions continually, at first every year, then at longer intervals of time. Private property according to this view was a relatively young institution. How it arose was not quite clear. But one had to assume that it had crept in more or less as a habit through omission in re-distributions — that is, if one did not wish to trace it back to illegal acquisition. Thus it was seen that to give private ownership too much credit in the history of civilization was a mistake. It was argued that agriculture had developed under the rule of common ownership with periodic distribution. For a man to till and sow the fields one needs only to guarantee him the produce of his labour, and for this purpose annual possession suffices. We are told that it is false to trace the origin of ownership in land to the occupation of ownerless fields. The unoccupied land was not for a single noment ownerless. Everywhere, in early times as nowadays, man had declared that it belonged to the State or the community; consequently in early times as little as to-day the seizing of possession could not have taken place.3

From these heights of newly-won historical knowledge it was possible to look down with compassionate amusement at the teachings of liberal social philosophy. People were convinced that private property had been proved an historical-legal category only. It had not existed always, it was nothing more than a not particularly desirable outgrowth of culture, and therefore it could be abolished. Socialists of all kinds, but especially Marxists, were zealous in propagating these ideas. They have brought to the writings of their champions a popularity otherwise denied to researches in Economic History.

But more recent researches have disproved the assumption that common ownership of the agricultural land was an essential stage with all peoples, that it was the primeval form of ownership (‘Ureigentum’). They have demonstrated that the Russian Mir arose in modern times under the pressure of serfdom and the head-tax, that the Hauberg co-operatives of the Sieger district are not found before the sixteenth century, that the Trier Gehöferschaften evolved in the thirteenth, perhaps only in the seventeenth and eighteenth centuries, and that the South Slav Zadruga came about through the introduction of the Byzantine system of taxation.4  The earliest German agricultural history has still not been made sufficiently clear; here, in regard to the important questions, a unanimous opinion has not been possible. The interpretation of the scanty information given by Caesar and Tacitus presents special difficulties. But in trying to understand them one must never overlook the fact that the conditions of ancient Germany as described by these two writers had this characteristic feature — good arable land was so abundant that the question of land ownership was not yet economically relevant. ‘Superest ager’, that is the basic fact of German agrarian conditions at the time of Tacitus.5

In fact, however, it is not necessary to consider the proofs adduced by Economic History, which contradict the doctrine of the ‘Ureigentum’, in order to see that this doctrine offers no argument against private property in the means of production. Whether or not private property was everywhere preceded by common property is irrelevant when we are forming a judgment as to its historical achievement and its function in the economic constitution of the present and the future. Even if one could demonstrate that common property was once the basis of land law for all nations and that all private property had arisen through illegal acquisition, one would still be far from proving that rational agriculture with intensive cultivation could have developed without private property. Even less permissible would it be to conclude from such premises that private property could or should be abolished.

  • 1Poehlmann, Geschichte der sozialen Frage und des Sozialismus in der antiken Welt, Second Edition, München 1912, Vol. II, p. 577 et seq.
  • 2‘ipsaque tellus omnia liberius nullo poscente ferebat’ (Virgil, Georgica, I, 127 et seq.)
  • 3Laveleye, Das Ureigentum, German translation by Bücher, Leipzig 1879, p. 514 et seq.
  • 4Below, Probleme der Wirtschaftsgeschichte, Tübingen 1920, p. 13 et seq.
  • 5Germania, 26.

Chapter 2: Socialism

Chapter 2: Socialism

1. The State and Economic Activity

1. The State and Economic Activity

It is the aim of Socialism to transfer the means of production from private ownership to the ownership of organized society, to the State.1  The socialistic State owns all material factors of production and thus directs it. This transfer need not be carried out with due observance of the formalities elaborated for property transfers according to the law set up in the historical epoch which is based on private property in the means of production. Still less important in such a process of transfer is the traditional terminology of Law. Ownership is power of disposal, and when this power of disposal is divorced from its traditional name and handed over to a legal institution which bears a new name, the old terminology is essentially unimportant in the matter. Not the word but the thing must be considered. Limitation of the rights of owners as well as formal transference is a means of socialization. If the State takes the power of disposal from the owner piecemeal, by extending its influence over production; if its power to determine what direction production shall take and what kind of production there shall be, is increased, then the owner is left at last with nothing except the empty name of ownership, and property has passed into the hands of the State.

People often fail to perceive the fundamental difference between the liberal and the anarchistic idea. Anarchism rejects all coercive social organizations, and repudiates coercion as a social technique. It wishes in fact to abolish the State and the legal order, because it believes that society could do better without them. It does not fear anarchical disorder because it believes that without compulsion men would unite for social co-operation and would behave in the manner that social life demands. Anarchism as such is neither liberal nor socialistic: it moves on a different plane from either. Whoever denies the basic idea of Anarchism, whoever denies that it is or ever will be possible to unite men without coercion under a binding legal order for peaceful co-operation, will, whether liberal or socialist, repudiate anarchistic ideals. All liberal and socialist theories based on a strict logical connection of ideas have constructed their systems with due regard to coercion, utterly rejecting Anarchism. Both recognize the necessity of the legal order, though for neither is it the same in content and extent. Liberalism does not contest the need of a legal order when it restricts the field of State activity, and certainly does not regard the State as an evil, or as a necessary evil. Its attitude to the problem of ownership and not its dislike of the ‘person’ of the State is the characteristic of the liberal view of the problem of the State. Since it desires private ownership in the means of production it must, logically, reject all that conflicts with this ideal. As for Socialism, as soon as it has turned fundamentally from Anarchism, it must necessarily try to extend the field controlled by the compulsory order of the State, for its explicit aim is to abolish the ‘anarchy of production’. Far from abolishing State and compulsion it seeks to extend governmental action to a field which Liberalism would leave free. Socialistic writers, especially those who recommend Socialism for ethical reasons, like to say that in a socialistic society public welfare would be the foremost aim of the State, whereas Liberalism considers only the interests of a particular class. Now one can only judge of the value of a social form of organization, liberal or socialistic, when a thorough investigation has provided a clear picture of what it achieves. But that Socialism alone has the public welfare in view can at once be denied. Liberalism champions private property in the means of production because it expects a higher standard of living from such an economic organization, not because it wishes to help the owners. In the liberal economic system more would be produced than in the socialistic. The surplus would not benefit only the owners. According to Liberalism therefore, to combat the errors of Socialism is by no means the particular interest of the rich. It concerns even the poorest, who would be injured just as much by Socialism. Whether or not one accepts this, to impute a narrow class interest to Liberalism is erroneous. The systems, in fact, differ not in their aims but in the means by which they wish to pursue them.

  • 1The term ‘Communism’ signifies just the same as ‘Socialism’. The use of these two words has repeatedly changed during the past decades, but always the question which separated socialists from communists was only political tactics. Both aim to socialize the means of production.

2. The ‘Fundamental Rights’ of Socialist Theory

2. The ‘Fundamental Rights’ of Socialist Theory

The programme of the liberal philosophy of the State was summarized in a number of points which were put forward as the demands of natural law. These are the Rights of Man and of Citizens, which formed the subject of the wars of liberation in the eighteenth and nineteenth centuries. They are written in brass in the constitutional laws composed under the influence of the political movements of this time. Even supporters of Liberalism might well ask themselves whether this is their appropriate place, for in form and diction they are not so much legal principles — fit subject matter for a law of practical life — as a political programme to be followed in legislation and administration. At any rate it is obviously insufficient to include them ceremoniously in the fundamental laws of states and constitutions; their spirit must permeate the whole State. Little benefit the citizen of Austria has had from the fact that the Fundamental Law of the State gave him the right ‘to express his opinion freely by word, writing, print, or pictorial representation within the legal limits’. These legal limits prevented the free expression of opinion as much as if that Fundamental Law had never been laid down. England has no Fundamental Right of the free expression of opinion, nevertheless in England speech and press are really free because the spirit which expresses itself in the principle of the freedom of thought permeates all English legislation.

In imitation of these political Fundamental Rights some anti-liberal writers have tried to establish basic economic rights. Here their aim is twofold: on the one hand they wish to show the insufficiency of a social order which does not guarantee even these alleged natural Rights of Man; on the other hand they wish to create a few easily remembered, effective slogans to serve as propaganda for their ideas. The view that it might be sufficient to establish these basic rights legally in order to establish a social order corresponding to the ideals they express, is usually far from the minds of their authors. The majority indeed, especially in recent years, are convinced that they can get what they want only by the socialization of the means of production. The economic basic rights were elaborated only to show what requirements a social order had to satisfy, a critique rather than a programme. Considered from this point of view they give us an insight into what, according to the opinion of its advocates, Socialism should achieve.

According to Anton Menger, Socialism usually assumes three economic basic rights — the right to the full produce of labour, the right to existence, and the right to work.1

All production demands the co-operation of the material and personal factors of production: it is the purposeful union of land, capital, and labour. How much each of these has contributed physically to the result of production cannot be ascertained. How much of the value of the product is to be attributed to the separate factors is a question which is answered daily and hourly by buyers and sellers on the market, though the scientific explanation of this process has achieved satisfactory results only in very recent years, and these results are still far from final. The formation of market prices for all factors of production attributes to each a weight that corresponds to its part in production. Each factor receives in the price the yield of its collaboration. The labourer receives in wages the full produce of his labour. In the light of the subjective theory of value therefore that particular demand of Socialism appears quite absurd. But to the layman it is not so. The habit of speech with which it is expressed derives from the view that value comes from labour alone. Whoever takes this view of value will see in the demand for the abolition of private ownership in the means of production a demand for the full produce of labour for the labourer. At first it is a negative demand — exclusion of all income not based on labour. But as soon as one proceeds to construct a system on this principle insurmountable obstacles arise, difficulties which are the consequence of the untenable theories of the formation of value which have established the principle of the right to the full produce of labour. All such systems have been wrecked on this. Their authors have had to confess finally that what they wanted was nothing else than the abolition of the income of individuals not based on labour, and that only socialization of the means of production could achieve this. Of the right to the full produce of labour, which had occupied minds for decades, nothing remains but the slogan — effective for propaganda, of course — demanding that ‘unearned’ non-labour income should be abolished.

The Right to Existence can be defined in various ways. If one understands by this the claim of people, without means and unfit for work and with no relation to provide for them, to subsistence, then the Right to Existence is a harmless institution which was realized in most communities centuries ago. Certainly the manner in which the principle has been carried into practice may leave something to be desired, as for reasons that arise from its origin in charitable care of the poor, it gives to the necessitous no title recoverable by law. By ‘Right to Existence’, however, the socialists do not mean this. Their definition is: ‘that each member of society may claim that the goods and services necessary to the maintenance of his existence shall be assigned to him, according to the measure of existing means, before the less urgent needs of others are satisfied’.2  The vagueness of the concept, ‘maintenance of existence’, and the impossibility of recognizing and comparing how urgent are the needs of different persons from any objective standpoint, make this finally a demand for the utmost possible equal distribution of consumption goods. The form which the concept sometimes takes — that no one should starve while others have more than enough — expresses that intention even more clearly. Plainly, this claim for equality can be satisfied, on its negative side, only when all the means of production have been socialized and the yield of production is distributed by the State. Whether on its positive side it can be satisfied at all is another problem with which the advocates of the Right to Existence have scarcely concerned themselves. They have argued that Nature herself affords to all men a sufficient existence and only because of unjust social institutions is the provisioning of a great part of humanity insufficient; and that if the rich were deprived of all they are allowed to consume over and above what is ‘necessary’, everyone would be able to live decently. Only under the influence of the criticism based on the Malthusian Law of Population3  has socialist doctrine been amended. Socialists admit that under non-socialist production not enough is produced to supply all in abundance, but argue that Socialism would so enormously increase the productivity of labour that it would be possible to create an earthly paradise for an unlimited number of persons. Even Marx, otherwise so discreet, says that the socialist society would make the wants of each individual the standard measure of distribution.4

This much is certain, however: the recognition of the Right to Existence, in the sense demanded by the socialist theorists, could be achieved only by the socialization of the means of production. Anton Menger has, it is true, expressed the opinion that private property and the Right to Existence might well exist side by side. In this case claims of citizens of the State to what was necessary for existence would have to be considered a mortgage on the national income, and these claims would have to be met before favoured individuals received an unearned income. But even he has to confess that were the Right to Existence admitted completely, it would absorb such an important part of the unearned income and would strip so much benefit from private ownership that all property would soon be collectively owned.5  If Menger had seen that the Right to Existence necessarily involved a right to the equal distribution of consumption goods, he would not have asserted that it was fundamentally compatible with private ownership in the means of production.

The Right to Existence is very closely connected with the Right to Work.6  The basis of the idea is not so much a Right to Work as a duty. The laws which allow the unemployable a sort of claim to maintenance exclude the employable from a like favour. He has only a claim to the allotment of work. Naturally the socialist writers and with them the older socialist policy have a different view of this right. They transform it, more or less clearly, into a claim to a task which is agreeable to the inclinations and abilities of the worker, and which yields a wage sufficient for his subsistence needs. Beneath the Right to Work lies the same idea that engendered the Right to Existence — the idea that in ‘natural’ conditions — which we are to imagine existing before and outside the social order based on private property but which is to be restored by a socialist constitution when private property has been abolished — every man would be able to procure a sufficient income through work. The bourgeois society which has destroyed this satisfactory state of affairs owes to those thus injured the equivalent of what they have lost. This equivalent is supposed to be represented just by the Right to Work. Again we see the old illusion of the means of subsistence which Nature is supposed to provide irrespective of the historical development of society. But the fact is that Nature grants no rights at all, and just because she dispenses only the scantiest means of subsistence and because wants are practically unlimited, man is forced to take economic action. This action begets social collaboration; its origin is due to the realization that it heightens productivity and improves the standard of living. The notion, borrowed from the most naive theories of natural law, that in society the individual is worse off than ‘in the freer primitive state of Nature’ and that society must first, so to speak, buy his toleration with special rights, is the corner-stone of expositions upon the Right to Work as well as upon the Right to Existence.

Where production is perfectly balanced there is no unemployment. Unemployment is a consequence of economic change, and where production is unhindered by the interferences of authorities and trade unions, it is always only a phenomenon of transition, which the alteration of wage rates tends to remove. By means of appropriate institutions, by the extension, for example, of labour exchanges, which would evolve out of the economic mechanism in the unimpeded market — i.e. where the individual is free to choose and to change his profession and the place where he works — the duration of separate cases of unemployment could be so much shortened that it would no longer be considered a serious evil.7  But the demand that every citizen should have a right to work in his accustomed profession at a wage not inferior to the wage rates of other labour more in demand is utterly unsound. The organization of production cannot dispense with a means of forcing a change of profession. In the form demanded by the socialist, the Right to Work is absolutely impracticable, and this is not only the case in a society based on private ownership in the means of production. For even the socialist community could not grant the worker the right to be active only in his wonted profession; it, also, would need the power to move labour to the places where it was most needed.

The three basic economic rights — whose number incidentally could easily be increased — belong to a past epoch of social reform movements. Their importance to-day is merely, though effectively, propagandistic. Socialization of the means of production has replaced them all.

  • 1Anton Menger, Das Recht auf den vollen Arbeitsertrag in geschichtlicher Darstellung, 4th Edition, Stuttgart und Berlin 1910, p. 6.
  • 2Anton Menger, Das Recht auf den vollen Arbeitsertrag in geschichtlicher Darstellung, 4th Edition, Stuttgart und Berlin 1910, p. 9.
  • 3Malthus, An Essay on the Principle of Population, 5th Edition, London 1817, Vol. III, p. 154 et seq.
  • 4Marx, Zur Kritik des sozialdemokratischen Parteiprogramms von Gotha, edited by Kreibich, Reichenberg 1920, p. 17.
  • 5Anton Menger, Das Recht auf den vollen Arbeitsertrag, op. cit., p. 10.
  • 6Ibid. p. 10 et seq. Also Singer-Sieghart, Das Recht auf Arbeit in geschichtlicher Darstellung, Jena 1895, p. 1 et seq.; Mutasoff, Zur Geschichte des Rechts auf Arbeit mit besonderer Rücksicht auf Charles Fourier, Berne 1897, p. 4 et seq.
  • 7My works: Kritik des Interventíonismus, Jena 1929, p. 12 et seq.; Die Ursachen der Wirtschqftskrise, Tübingen 1931, p. 15 et seq.

3. Collectivism and Socialism

3. Collectivism and Socialism

The contrast between realism and nominalism which runs through the history of human thought since Plato and Aristotle is revealed also in social philosophy.1  The difference between the attitude of Collectivism and Individualism to the problem of social associations, is not different from the attitude of Universalism and Nominalism to the problem of the concept of species. But in the sphere of social science this contrast — to which in philosophy the attitude towards the idea of God has given a significance which extends far beyond the limits of scientific research — has the highest importance. The powers which are in existence and which do not want to succumb, find in the philosophy of Collectivism weapons for the defence of their rights. But even here Nominalism is a restless force seeking always to advance. Just as in the sphere of philosophy it dissolves the old concepts of metaphysical speculation, so here it breaks up the metaphysics of sociological Collectivism.

The political misuse of the contrast is clearly visible in the teleological form which it assumes in Ethics and Politics. The problem here is stated otherwise than in Pure Philosophy. The question is whether the individual or the community shall be the purpose.2  This presupposes a contrast between the purposes of individuals and those of the social whole, a contrast which only the sacrifice of the one in favour of the other can overcome. A quarrel over the reality or nominality of the concepts becomes a quarrel over the precedence of purposes. Here there arises a new difficulty for Collectivism. As there are various social collectiva, whose purposes seem to conflict just as much as those of the individuals contrast with those of the collectiva, the conflict of their interests must be fought out. As a matter of fact, practical Collectivism does not worry much about this. It feels itself to be only the apologist of the ruling classes and serves, as it were, as scientific policeman, on all fours with political police, for the protection of those who happen to be in power.

But the individualist social philosophy of the epoch of enlightenment disposed of the conflict between Individualism and Collectivism. It is called individualistic because its first task was to clear the way for subsequent social philosophy by breaking down the ideas of the ruling Collectivism. But it has not in any way replaced the shattered idols of Collectivism with a cult of the individual. By making the doctrine of the harmony of interests the starting point of sociological thought, it founded modern social science and showed that the conflict of purposes upon which the quarrel turned did not exist in reality. For society is only possible on these terms, that the individual finds therein a strengthening of his own ego and his own will.

The collectivist movement of the present day derives its strength not from an inner want on the part of modern scientific thought but from the political will of an epoch which yearns after Romanticism and Mysticism. Spiritual movements are revolts of thought against inertia, of the few against the many; of those who because they are strong in spirit are strongest alone against those who can express themselves only in the mass and the mob, and who are significant only because they are numerous. Collectivism is the opposite of all this, the weapon of those who wish to kill mind and thought. Thus it begets the ‘New Idol’, ‘the coldest of all cold monsters’, the State.3  By exalting this mysterious being into a sort of idol, decking it out in the extravagance of fantasy with every excellence and purifying it of all dross,4  and by expressing a readiness to sacrifice everything on its altar, Collectivism seeks consciously to cut every tie that unites sociological with scientific thought. This is most clearly discernible in those thinkers who exerted the keenest criticism to free scientific thought from all teleological elements, whilst in the field of social cognition they not only retained traditional ideas and teleological ways of thinking but even, by endeavouring to justify this, barred the way by which sociology could have won for itself the liberty of thought already achieved by natural science. No god and no ruler of Nature lives for Kant’s theory of cognition of nature, but history he regards ‘as the execution of a hidden plan of nature’ ‘in order to bring about a state-constitution perfect inwardly — and, for this purpose, outwardly as well — as the only condition in which she can develop all her abilities in humanity’.5  In the words of Kant we can see with especial clearness the fact that modern Collectivism has nothing more to do with the old realism of concepts but rather, having arisen from political and not from philosophical needs, occupies a special position outside science which cannot be shaken by attacks based on the theory of cognition. In the second part of his Ideas to a Philosophy of the History of Humanity Herder violently attacked the critical philosophy of Kant, which appeared to him as ‘Averroic’ hypostasization of the general. Anyone who sought to maintain that the race, and not the individual, was the subject of education and civilization, would be speaking incomprehensibly, ‘as race and species are only general concepts, except in so far as they exist in the individual being’. Even if one attributed to this general concept all the perfections of humanity — culture and highest enlightenment — which an ideal concept permits, one would have ‘said just as little about the true history of our race, as I would if, speaking of animality, stoneness, metalness, in general, I were to ascribe to them the most glorious, but in single individuals self-conflicting, attributes’.6  In his reply to this Kant completes the divorce of ethical-political Collectivism from the philosophical conceptrealism. ‘Whoever said that no single horse has horns but the species of horses is nevertheless homed would be stating a downright absurdity. For then species means nothing more than the characteristic in which all individuals must agree. But if the meaning of the expression “the human species” is — and this is generally the case — the whole of a series of generations going into the infinite (indefinable), and it is assumed that this series is continuously nearing the line of its destiny, which runs alongside of it, then it is no contradiction to say, that in all its parts it is asymptotic to it, yet on the whole meets it — in other words, that no link of all the generations of the human race but only the species attains its destiny completely. Mathematicians can elucidate this. The philosopher would say: the destiny of the human race as a whole is continuous progress, and the completion of this is a mere idea — but in all intention a useful idea — of the aim towards which we, according to the plan of Providence, have to direct our exertions.’7  Here the teleological character of Collectivism is frankly admitted, and there opens up an unbridgeable chasm between it and the way of thought of pure cognition. The cognition of the hidden intentions of Nature lies beyond all experience and our own thought gives us nothing upon which to form a conclusion as to whether it exists or what it contains. Such behaviour of individual man and of social systems as we are able to observe provides no basis for a hypothesis. No logical connection can be forged between experience and that which we shall or may suppose. We are to believe — because it cannot be proved — that against his will man does that which is ordained by Nature, who knows better; that he does what profits the race, not the individual.8  This is not the customary technique of science.

The fact is that Collectivism is not to be explained as a scientific necessity. Only the needs of politics can account for it. Therefore it does not stop, as conceptual realism stopped, at affirming the real existence of social associations — calling them organisms and living beings in the proper sense of the words — but idealizes them and makes them Gods. Gierke explains quite openly and unequivocally that one must hold fast to the ‘idea of the real unity of the community’, because this alone makes possible the demand that the individual should stake strength and life for Nation and State.9  Lessing has said that Collectivism is nothing less than ‘the cloak of tyranny’.10

If the conflict between the common interests of the whole and the particular interests of the individual really existed, men would be quite incapable of collaborating in society. The natural intercourse between human beings would be the war of all against all. There could be no peace or mutual sufferance, but only temporary truce, which lasted no longer than the weariness of one or all the parts made necessary. The individual would, at least potentially, be in constant revolt against each and all, in the same way as he finds himself in unceasing war with beasts of prey and bacilli. The collective view of history, which is thoroughly asocial, cannot therefore conceive that social institutions could have arisen in any way except through the intervention of a ‘world shaper’ of the Platonic δημιουργὀς. This operates in history through its instruments, the heroes, who lead resistant man to where it wants him. Thus the will of the individual is broken. He who wants to live for himself alone is forced by the representatives of God on earth to obey the moral law, which demands that he shall sacrifice his well-being in the interests of the Whole and its future development.

The science of society begins by disposing of this dualism. Perceiving that the interests of separate individuals within society are compatible and that these individuals and the community are not in conflict, it is able to understand social institutions without calling gods and heroes to its aid. We can dispense with the Demilitarize, which forces the individual into the Collectivism against his will, as soon as we realize that social union gives him more than it takes away. Even without assuming a ‘hidden plan of nature’ we can understand the development to a more closely-knit form of society when we see that every step on this way benefits those who take it, and not only their distant great-grandchildren.

Collectivism had nothing to oppose to the new social theory. Its continually reiterated accusation, that this theory does not apprehend the importance of the collectiva, especially those of State and Nation, only shows that it has not observed how the influence of liberal sociology has changed the setting of the problem. Collectivism no longer attempts to construct a complete theory of social life; the best it can produce against its opponents is witty aphorism, nothing more. In economics as well as in general sociology it has proved itself utterly barren. It is no accident that the German mind, dominated by the social theories of classical philosophy from Kant to Hegel, for a long time produced nothing important in economics, and that those who have broken the spell, first Thünen and Gossen, then the Austrians Karl Menger, Böhm-Bawerk, and Wieser, were free from any influence of the collectivist philosophy of the State.

How little Collectivism was able to surmount the difficulties in the way of amplifying its doctrine is best shown by the manner in which it has treated the problem of social will. To refer again and again to the Will of the State, to the Will of the People, and to the Convictions of the People is not in any way to explain how the collective will of the social associations comes into being. As it is not merely different from the will of separate individuals but, in decisive points, is quite opposed to the latter, the collective will cannot originate as the sum or resultant of individual wills. Every collectivist assumes a different source for the collective will, according to his own political, religious and national convictions. Fundamentally it is all the same whether one interprets it as the supernatural powers of a king or priest or whether one views it as the quality of a chosen class or people. Frederick Wilhelm IV and Wilhelm II were quite convinced that God had invested them with special authority, and this faith doubtless served to stimulate their conscientious efforts and the development of their strength. Many contemporaries believed alike and were ready to spend their last drop of blood in the service of the king sent to them by God. But science is as little able to prove the truth of this belief as to prove the truth of a religion. Collectivism is political, not scientific. What it teaches are judgments of value.

Collectivism is generally in favour of the socialization of the means of production because this lies nearer to its world philosophy. But there are collectivists who advocate private ownership in the means of production because they believe that the well-being of the social whole is better served by this system.11  On the other hand, even without being influenced by collectivist ideas it is possible to believe that private ownership in the means of production is less able than common ownership to accomplish the purposes of humanity.

  • 1Pribram, Die Entstehung der individualistischen Sozialphilosophie, Leipzig 1921, p. 3 et seq.
  • 2Thus Dietzel (article, ‘Individualismus’ in Handwörterbuch der Staatswissenschaften, 3rd Edition, Vol. V, p. 590) formulates the contrast of the individual principle and the social principle. Similarly Spengler, Preussentum und Sozialismus, München 1920, p. 14.
  • 3Nietzsche, Also Sprach Zarathustra (Werke, Krönersche Klassikerausgabe, Vol. VI), p. 59.
  • 4‘L’Etat étant conçu comme un être idéal, on le pare de toutes les qualités que l’on rêve et on le dépouille de toutes les faiblesses que l’on hait.’ (P. Leroy-Beaulieu, L’Etat moderne et ses fonctions, 3rd Edition, Paris 1900, p. 11); also, Bamberger, Deutschland und der Sozialismus, Leipzig 1878, p. 86 et seq.
  • 5Kant, Idee zu einer allgemeinen Geschichte in weltbürgerlicher Absicht (Sämtliche Werke, Inselausgabe, Vol. I, Leipzig 1912), p. 235.
  • 6Herder, Ideen zu einer Philosophie der Geschichte der Menschheit (Sämtliche Werke, herg. v. Suphan, Vol. XIII, Berlin 1887), p. 345 et seq.
  • 7Kant, Rezension zum zweiten Teil von Herders Ideen zur Philosophie der Geschichte der Menschheit (Werke, Vol. I), p. 267. See on this Cassirer, Freiheit und Form, Berlin 1916, p. 504 et seq.
  • 8Kant, Idee zu einer allgemeinen Geschichte... (op. cit.) p. 228.
  • 9Gierke, Das Wesen der menschlichen Verbände, Leipzig 1902, p. 34 et seq.
  • 10In ‘Ernst und Falk, Gespräche für Freimaurer’ (Werke, Stuttgart 1873, Vol. V, p. 80).
  • 11Huth, Soziale und individualistische Auffassung im 18 Jahrhundert, vornehmlich bei Adam Smith und Adam Ferguson, Leipzig 1907, p. 6.

Chapter 3: The Social Order and the Political Constitution

Chapter 3: The Social Order and the Political Constitution

1. The Policy of Violence and the Policy of Contract

1. The Policy of Violence and the Policy of Contract

The domination of the principle of violence was naturally not restricted to the sphere of property. The spirit which put its trust in might alone, which sought the fundamentals of welfare, not in agreement, but in ceaseless conflict, permeated the whole of life. All human relations were settled according to the ‘Law of the Stronger’, which is really the negation of Law. There was no peace; at best there was a truce.

Society grows out of the smallest associations. The circle of those who combined to keep the peace among themselves was at first very limited. The circle widened step by step through millennia, until the community of international law and the union of peace extended over the greatest part of humanity, excluding the half savage peoples who lived on the lowest plane of culture. Within this community the principle of contract was not everywhere equally powerful. It was most completely recognized in all that was concerned with property. It remained weakest in fields where it touched the question of political domination. Into the sphere of foreign policy it has so far penetrated no further than to limit the principle of violence by setting up rules of combat. Apart from the process of arbitration, which is a recent development, disputes between states are still, in essentials, decided by arms, the most usual of ancient judicial processes; but the deciding combat, like the judicial duels of the most ancient laws, must conform to certain rules. All the same, it would be false to maintain that in the intercourse of states, fear of foreign violence is the one factor that keeps the sword in its sheath.1  Forces which have been active in the foreign policy of states through millennia have set the value of peace above the profit of victorious war. In our time even the mightiest war lord cannot isolate himself completely from the influence of the legal maxim that wars must have valid reasons. Those who wage war invariably endeavour to prove that theirs is the just cause and that they fight in defence or at least in preventive-defence; this is a solemn recognition of the principle of Law and Peace. Every policy which has openly confessed to the principle of violence has brought upon itself a world-coalition, to which it has finally succumbed.

In the Liberal Social Philosophy the human mind becomes aware of the overcoming of the principle of violence by the principle of peace. In this philosophy for the first time humanity gives itself an account of its actions. It tears away the romantic nimbus with which the exercise of power had been surrounded. War, it teaches, is harmful, not only to the conquered but to the conqueror. Society has arisen out of the works of peace; the essence of society is peacemaking. Peace and not war is the father of all things. Only economic action has created the wealth around us; labour, not the profession of arms, brings happiness. Peace builds, war destroys. Nations are fundamentally peaceful because they recognize the predominant utility of peace. They accept war only in self-defence; wars of aggression they do not desire. It is the princes who want war, because thus they hope to get money, goods, and power. It is the business of the nations to prevent them from achieving their desire by denying them the means necessary for making war.

The love of peace of the liberal does not spring from philanthropic considerations, as does the pacifism of Bertha Suttner and of others of that category. It has none of the woebegone spirit which attempts to combat the romanticism of blood lust with the sobriety of international congresses. Its predilection for peace is not a pastime which is otherwise compatible with all possible convictions. It is the social theory of Liberalism. Whoever maintains the solidarity of the economic interests of all nations, and remains indifferent to the extent of national territories and national frontiers; whoever has so far overcome collectivist notions that such an expression as ‘Honour of the State’ sounds incomprehensible to him; that man will nowhere find a valid cause for wars of aggression. Liberal pacificism is the offspring of the Liberal Social Philosophy. That Liberalism aims at the protection of property and that it rejects war, are two expressions of one and the same principle.2

  • 1As, for instance, Lasson maintains, Prinzip und Zukunft des Völkerrechtt, Berlin 1871, p. 35.
  • 2In their efforts to debit Capitalism with all evil, the Socialists have tried to describe even modern Imperialism and thus World-War as products of Capitalism. It is probably unnecessary to deal more fully with this theory, put forward for the unthinking masses. But it is not inappropriate to recall that Kant represented the facts correctly when he expected the growing influence of ‘Money Power’ would gradually diminish warlike tendencies. ‘It is the spirit of commerce,’ he says, ‘which cannot exist side by side with war.’ (Kant, Zum ewigen Frieden, Sämtliche Werke, Vol. V, p. 688.) See also Sulzbach, Nationales Gemeinschaftsgefühl und wirtschaftltches Interesse, Leipzig 1929, p. 80 et seg.

2. The Social Function of Democracy

2. The Social Function of Democracy

In internal politics Liberalism demands the fullest freedom for the expression of political opinion and it demands that the State shall be constituted according to the will of the majority; it demands legislation through representatives of the people, and that the government, which is a committee of the people’s representatives, shall be bound by the Laws. Liberalism merely compromises when it accepts a monarchy. Its ideal remains the republic or at least a shadow-principality of the English type. For its highest political principle is the self-determination of peoples as of individuals. It is idle to discuss whether one should call this political ideal democratic or not. The more recent writers are inclined to assume a contrast between Liberalism and Democracy. They seem to have no clear conceptions of either; above all, their ideas as to the philosophical basis of democratic institutions seem to be derived exclusively from the ideas of natural law.

Now it may well be that the majority of liberal theories have endeavoured to recommend democratic institutions on grounds which correspond to the theories of natural law with regard to the inalienable right of human beings to self-determination. But the reasons which a political movement gives in justification of its postulates do not always coincide with the reasons which force them to be uttered. It is often easier to act politically than to see clearly the ultimate motives of one’s actions. The old Liberalism knew that the democratic demands rose inevitably from its system of social philosophy. But it was not at all clear what position these demands occupied in the system. This explains the uncertainty it has always manifested in questions of ultimate principle; it also accounts for the measureless exaggeration which certain pseudo-democratic demands have enjoyed at the hands of those who ultimately claimed the name democrat for themselves alone and who thus became contrasted with liberals who did not go so far.

The significance of the democratic form of constitution is not that it represents more nearly than any other the natural and inborn rights of man; not that it realizes, better than any other kind of government, the ideas of liberty and equality. In the abstract it is as little unworthy of a man to let others govern him as it is to let someone else perform any kind of labour for him. That the citizen of a developed community feels free and happy in a democracy, that he regards it as superior to all other forms of government, and that he is prepared to make sacrifices to achieve and maintain it, this, again, is not to be explained by the fact that democracy is worthy of love for its own sake. The fact is that it performs functions which he is not prepared to do without.

It is usually argued that the essential function of democracy is the selection of political leaders. In the democratic system the appointment to at least the most important public offices is decided by competition in all the publicity of political life, and in this competition, it is believed, the most capable are bound to win. But it is difficult to see why democracy should necessarily be luckier than autocracy or aristocracy in selecting people for directing the state. In non-democratic states, history shows, political talents have frequently won through, and one cannot maintain that democracy always puts the best people into office. On this point the enemies and the friends of democracy will never agree.

The truth is that the significance of the democratic form of constitution is something quite different from all this. Its function is to make peace, to avoid violent revolutions. In non-democratic states, too, only a government which can count on the backing of public opinion is able to maintain itself in the long run. The strength of all governments lies not in weapons but in the spirit which puts the weapons at their disposal. Those in power, always necessarily a small minority against an enormous majority, can attain and maintain power only by making the spirit of the majority pliant to their rule. If there is a change, if those on whose support the government depends lose the conviction that they must support this particular government, then the ground is undermined beneath it and it must sooner or later give way. Persons and systems in the government of non-democratic states can be changed by violence alone. The system and the individuals that have lost the support of the people are swept away in the upheaval and a new system and other individuals take their place.

But any violent revolution costs blood and money. Lives are sacrificed, and destruction impedes economic activity. Democracy tries to prevent such material loss and the accompanying psychical shock by guaranteeing accord between the will of the state — as expressed through the organs of the state — and the will of the majority. This it achieves by making the organs of the state legally dependent on the will of the majority of the moment. In internal policy it realizes what pacifism seeks to realize in external policy.1

That this alone is the decisive function of democracy becomes clearly evident when we consider the argument which opponents of the democratic principle most frequently adduce against it. The Russian conservative is undoubtedly right when he points out that Russian Tsarisrn and the policy of the Tsar was approved by the great mass of the Russian people, so that even a democratic state form could not have given Russia a different system of government. Russian democrats themselves have had no delusions about this. As long as the majority of the Russian people or, better, of that part of the people which was politically mature and which had the opportunity to intervene in policy — as long as this majority stood behind tsardom, the empire did not suffer from the absence of a democratic form of constitution. This lack became fatal, however, as soon as a difference arose between public opinion and the political system of tsardom. State will and people’s will could not be adjusted pacifically; a political catastrophe was inevitable. And what is true of the Russia of the Tsar is just as true of the Russia of the Bolshevists; it is just as true of Prussia, of Germany, and of every other state. How disastrous were the effects of the French Revolution, from which France has psychically never quite recovered! How enormously England has benefited from the fact that she has been able to avoid revolution since the seventeenth century!

Thus we see how mistaken it is to regard the terms democratic and revolutionary as synonymous or even as similar. Democracy is not only not revolutionary, but it seeks to extirpate revolution. The cult of revolution, of violent overthrow at any price, which is peculiar to Marxism, has nothing whatever to do with democracy. Liberalism, recognizing that the attainment of the economic aims of man presupposes peace, and seeking therefore to eliminate all causes of strife at home or in foreign politics, desires democracy. The violence of war and revolutions is always an evil to liberal eyes, an evil which cannot always be avoided as long as man lacks democracy. Yet even when revolution seems almost inevitable Liberalism tries to save the people from violence, hoping that philosophy may so enlighten tyrants that they will voluntarily renounce rights which are opposed to social development. Schiller speaks with the voice of Liberalism when he makes the Marquis Posa implore the king for liberty of thought; and the great night of August 4th, 1789, when the French feudal lords voluntarily renounced their privileges, and the English Reform Act of 1832, show that these hopes were not quite vain. Liberalism has no admiration to spare for the heroic grandiosity of Marxism’s professional revolutionaries, who stake the lives of thousands and destroy values which the labour of decades and centuries has created. Here the economic principle holds good: Liberalism wants success at the smallest price.

Democracy is self-government of the people; it is autonomy. But this does not mean that all must collaborate equally in legislation and administration. Direct democracy can be realized only on the smallest scale. Even small parliaments cannot do all their work in plenary assemblies; committees must be chosen, and the real work is done by individuals; by the proposers, the speakers, the rapporteurs, and above all by the authors of the bills. Here then is final proof of the fact that the masses follow the leadership of a few men. That men are not all equal, that some are born to lead and some to be led is a circumstance which even democratic institutions cannot alter. We cannot all be pioneers: most people do not wish to be nor have they the necessary strength. The idea that under the purest form of democracy people would spend their days in council like the members of a parliament derives from the conception we had of the ancient Greek city State at its period of decay; but we overlook the fact that such communities were not in fact democracies at all, since they excluded from public life the slaves and all who did not possess full citizen rights. Where all are to collaborate, the ‘pure’ ideal of direct democracy becomes impracticable. To want to see democracy realized in this impossible form is nothing less than pedantic natural law doctrinairianism. To achieve the ends for which democratic institutions strive it is only necessary that legislation and administration shall be guided according to the will of the popular majority and for this purpose indirect democracy is completely satisfactory. The essence of democracy is not that everyone makes and administers laws but that lawgivers and rulers should be dependent on the people’s will in such a way that they may be peaceably changed if conflict occurs.

This defeats many of the arguments, put forward by friends and opponents of popular rule, against the possibility of realizing democracy.2  Democracy is not less democracy because leaders come forth from the masses to devote themselves entirely to politics. Like any other profession in the society dividing labour, politics demand the entire man; dilettante politicians are of no use.3  As long as the professional politician remains dependent on the will of the majority, so that he can carry out only that for which he has won over the majority, the democratic principle is satisfied. Democracy does not demand, either that parliament shall be a copy, on a reduced scale, of the social stratification of the country, consisting, where peasant and industrial labourers form the bulk of the population, mainly of peasants and industrial labourers.4  The gentleman of leisure who plays a great role in the English parliament, the lawyer and journalist of the parliaments of the Latin countries probably represent the people better than the trade union leaders and peasants who have brought spiritual desolation to the German and Slav parliaments. If members of the higher social ranks were excluded from parliaments, those parliaments and the governments emanating from them could not represent the will of the people. For in society these higher ranks, the composition of which is itself the result of a selection made by public opinion, exert on the minds of the people an influence out of all proportion to their mere numbers. If one kept them from parliament and public administration by describing them to the electors as men unfit to rule, a conflict would have arisen between public opinion and the opinion of parliamentary bodies, and this would make more difficult, if not impossible, the functioning of democratic institutions. Non-parliamentary influences make themselves felt in legislation and administration, for the intellectual power of the excluded cannot be stifled by the inferior elements which lead in parliamentary life. Parliamentarism suffers from nothing so much as from this; we must seek here the reason for its much deplored decline. For democracy is not mob-rule, and to do justice to its tasks, parliament should include the best political minds of the nation.

Grave injury has been done to the concept of democracy by those who, exaggerating the natural law notion of sovereignty, conceived it as limitless rule of the volonté générale. There is really no essential difference between the unlimited power of the democratic state and the unlimited power of the autocrat. The idea that carries away our demagogues and their supporters, the idea that the state can do whatever it wishes, and that nothing should resist the will of the sovereign people, has done more evil perhaps than the caesar-mania of degenerate princelings. Both have the same origin in the notion of a state based purely on political might. The legislator feels free of all limitations because he understands from the theory of law that all law depends on his will. It is a small confusion of ideas, but a confusion with profound consequences, when he takes his formal freedom to be a material one and believes himself to be above the natural conditions of social life. The conflicts which arise out of this misconception show that only within the framework of Liberalism does democracy fulfil a social function. Democracy without Liberalism is a hollow form.

  • 1In some sense it is, perhaps, not altogether an accident that the writer who, at the threshold of the Renaissance, first raised the democratic demand for legislation by the people — Marsilius of Padua — called his work ‘Defensor Pacis’. Atger, Essai sur l’histoire des Doctrines du Contrat Social, Paris 1906, p. 75; Scholz, Marsilius von Padua und die Idee der Demokratie (Zeitschrift für Politik, Vol. I, 1908), p. 66 et seg.
  • 2See on the one hand, especially the writings of the advocates of the Prussian authoritarian state, on the other, above all, the syndicalists. V. Michels Zur Soziologie des Parteiwesens in der modernen Demokratie, 2nd Edition, Leipzig 1925, p. 463 et seq.
  • 3Max Weber, Politik als Beruf, München und Leipzig 1920, p. 17 et seq.
  • 4The natural law theories of democracy, which fail to appreciate the essentials of the division of labour, cling to the idea of the ‘representation’ of electors by elected. It was not difficult to show how artificial was this concept. The member of parliament who makes laws for me and controls for me the administration of the postal system, no more ‘represents’ me than the doctor who heals me or the cobbler who makes shoes for me. What differentiates him essentially from the doctor and the cobbler is not that he fulfils services of a different kind for me but that if I am dissatisfied with him I cannot withdraw the care of my affairs from him in the same simple way I can dismiss a doctor or a cobbler. To get that influence in government which I have over my doctor and shoemaker I want to be an elector.

3. The Ideal of Equality

3. The Ideal of Equality

Political democracy necessarily follows from Liberalism. But it often said that the democratic principle must eventually lead beyond Liberalism. Carried out strictly, it is said, it will require economic as well as political rights of equality. Thus logically Socialism must necessarily evolve out of Liberalism, while Liberalism necessarily involves its own destruction.

The ideal of equality, also, originated as a demand of natural law. It was sought to justify it with religious, psychological, and philosophical arguments; but all these proved to be untenable. The fact is that men are endowed differently by nature; thus the demand that all should be equally treated cannot rest on any theory that all are equal. The poverty of the natural law argument is exposed most clearly when it deals with the principle of equality.

If we wish to understand this principle we must start with an historical examination. In modern times, as earlier, it has been appealed to as a means of sweeping away the feudal differentiation of individuals’ legal rights. So long as barriers hinder the development of the individual and of whole sections of the people, social life is bound to be disturbed by violent upheavals. People without rights are always a menace to social order. Their common interest in removing such barriers unites them; they are prepared to resort to violence because by peaceable means they are unable to get what they want. Social peace is attained only when one allows all members of society to participate in democratic institutions. And this means equality of All before the Law.

Another consideration too urges upon Liberalism the desirability of such equality. Society is best served when the means of production are in the possession of those who know how to use them best. The gradation of legal rights according to accident of birth keep production goods from the best managers. We all know what role this argument has played in liberal struggles, above all in the emancipation of the serfs. The soberest reasons of expediency recommend equality to Liberalism. Liberalism is fully conscious, of course, that equality before the Law can become extremely oppressive for the individual under certain circumstances, because what benefits one may injure another; the liberal idea of equality is however based on social considerations, and where these are to be served the susceptibilities of individuals must give way. Like all other social institutions, the Law exists for social purposes. The individual must bow to it, because his own aims can be served only in and with society.

The meaning of legal institutions is misunderstood when they are conceived to be anything more than this, and when they are made the basis of new claims which are to be realized at whatever cost to the aim of social collaboration. The equality Liberalism creates is equality before the Law; it has never sought any other. From the liberal point of view, therefore, criticism which condemns this equality as inadequate — maintaining that true equality is full equality of income through equal distribution of commodities — is unjustified.

But it is precisely in this form that the principle of equality is most acclaimed by those who expect to gain more than they lose from an equal distribution of goods. Here is a fertile field for the demagogue. Whoever stirs up the resentment of the poor against the rich can count on securing a big audience. Democracy creates the most favourable preliminary conditions for the development of this spirit, which is always and everywhere present, though concealed.1  So far all democratic states have foundered on this point. The democracy of our own time is hastening towards the same end.

It is a strange fact that just that idea of equality should be called unsocial which considers equality only from the point of view of the interests of society as a whole, and which wants to see it achieved only in so far as it helps society to attain its social aims; while the view which insists that equality, regardless of the consequences, implies a claim to an equal quota of the national income is put forward as the only view inspired by consideration for society. In the Greek city State of the fourth century the citizen considered himself lord of the property of all the subjects of the State and he demanded his part imperiously, as a shareholder demands his dividends. Referring to the practice of distributing common property and confiscated private property, Aeschines made the following comment: ‘The Athenians come out of the Ecclesia not as out of a political assembly but as from the meeting of a company in which the surplus profit has been distributed.2  It cannot be denied that even to-day the common man is inclined to look on the State as a source from which to draw the utmost possible income.

But the principle of equality in this form by no means follows necessarily from the democratic idea. It should not be recognized as valid a priori any more than any other principle of social life. Before one can judge it, its effects must be clearly understood. The fact that it is generally very popular with the masses and therefore finds easy recognition in a democratic state neither makes it a fundamental principle of democracy nor protects it from the scrutiny of the theorist.

  • 1To this extent one can say with Proudhon: la democratic c’est l’envie. V. Poehlmann, Geschichte der Sozialen Frage und des Sozialismus in der antiken Welt, Vol. I, p. 317, footnote 4.
  • 2Poehlmann, op. cit., Vol. I, p. 353.

4. Democracy and Social-Democracy

4. Democracy and Social-Democracy

The view that democracy and Socialism are inwardly related spread far and wide in the decades which preceded the Bolshevist revolution. Many came to believe that democracy and Socialism meant the same thing, and that democracy without Socialism or Socialism without democracy would not be possible.

This notion sprang principally from a combination of two chains of thought, both of which sprang originally from the Hegelian philosophy of history. For Hegel world history is ‘progress in the consciousness of freedom’. Progress takes place in this way: ‘... the Orientals only knew that one is free, the Greek and Roman world that some are free, but we know that all men are free as such, that man is free as man’.1  There is no doubt that the freedom of which Hegel spoke was different from that for which the radical politicians of his day were fighting. Hegel took ideas which were common to the political doctrines of the epoch of enlightenment and intellectualized them. But the radical young Hegelians read into his words what appealed to them. For them it was certain that the evolution to Democracy was a necessity in the Hegelian sense of this term. The historians follow suit. Gervinus sees ‘by and large in the history of humanity’, as ‘in the internal evolution of the states’, ‘a regular progress... from the spiritual and civil freedom of the single individual to that of the Several and the Many’.2

The materialist conception of history provides the idea of the ‘liberty of the many’ with a different content. The Many are the proletarians; they must necessarily become socialists because consciousness is determined by the social conditions. Thus evolution to democracy and evolution to Socialism are one and the same thing. Democracy is the means towards the realization of Socialism, but at the same time Socialism is the means towards the realization of democracy. The party title, ‘Social Democracy’, most clearly expresses this co-ordination of Socialism and democracy. With the name democracy the socialist workers’ party took over the spiritual inheritance of the movements of Young Europe. All the slogans of the pre-March3  radicalism are to be found in the Social-Democratic Party programmes. They recruit, for the party, supporters who feel indifferent to or are even repulsed by the demands of Socialism.

The relation of Marxist Socialism to the demand for democracy was determined by the fact that it was the Socialism of the Germans, the Russians, and the smaller nations which lived under the Austro-Hungarian monarchy and the empire of the Tsars. Every opposition party in these more or less autocratic states had to demand democracy first of all, so as to create the conditions that must precede the development of political activity. For the social democrats this practically excluded democracy from discussion; it would never have done to cast a doubt on the democratic ideology pro foro externo.

But the question of the relation between the two ideas expressed in its double name could not be completely suppressed within the party. People began by dividing the problem into two parts. When they spoke of the coming socialist paradise they continued to maintain the interdependence of the terms and even went a little farther and said that they were ultimately one. Since one continued to regard democracy as in itself a good thing, one could not — as a faithful socialist awaiting absolute salvation in the paradise-to-be — arrive at any other conclusion. There would be something wrong with the land of promise if it were not the best imaginable from a political point of view. Thus socialist writers did not cease to proclaim that only in a socialist society could true democracy exist. What passed for democracy in the capitalist states was a caricature designed to cover the machinations of exploiters.

But although it was seen that Socialism and democracy must meet at the goal, nobody was quite certain whether they were to take the same road. People argued over the problem whether the realization of Socialism — and therefore, according to the views just discussed, of democracy too — was to be attempted through the instrumentality of democracy or whether in the struggle one should deviate from the principles of democracy. This was the celebrated controversy about the dictatorship of the proletariat; it was the subject of academic discussion in Marxist literature up to the time of the Bolshevist revolution and has since become a great political problem.

Like all other differences of opinion which divide Marxists into groups, the quarrel arose from the dualism which cuts right through that bundle of dogmas called the Marxist system. In Marxism there are always two ways at least of looking at anything and everything, and the reconciliation of these views is attained only by dialectic artificialities. The commonest device is to use, according to the needs of the moment, a word to which more than one meaning may be attached. With these words, which at the same time serve as political slogans to hypnotize the mass psyche, a cult suggestive of fetishism is carried on. The Marxist dialectic is essentially word-fetishism. Every article of the faith is embodied in a word fetish whose double or even multiple meaning makes it possible to unite incompatible ideas and demands. The interpretation of these words, as intentionally ambiguous as the words of the Delphic Pythia, eventually brings the different parties to blows, and everyone quotes in his favour passages from the writings of Marx and Engels to which authoritative importance is attached.

‘Revolution’ is one of these words. By ‘industrial revolution’ Marxism means the gradual transformation of the pre-capitalist way of production into the capitalist. ‘Revolution’ here means the same as ‘development’, and the contrast between the terms ‘evolution’ and ‘revolution’ is almost extinguished. Thus the Marxist is able, when it pleases him, to speak of the revolutionary spirit as contemptible ‘putschism’. The revisionists were quite right when they called many passages in Marx and Engels to their support. But when Marx calls the workers’ movement a revolutionary movement and says that the working class is the only true revolutionary class, he is using the term in the sense that suggests barricades and street fights. Thus syndicalism is also right when it appeals to Marx.

Marxism is equally obscure in the use of the word State. According to Marxism, the State is merely an instrument of class domination. By acquiring political power the proletariat abolishes class conflict and the State ceases to exist. ‘As soon as there is no longer any social class to be kept in suppression, and as soon as class domination and the struggle for individual existence based on the hitherto existing anarchy of production are removed, along with the conflicts and excesses which arise from them, then there will be nothing more to repress and nothing that would make necessary a special repressive power, a state. The first act in which the State really appears as representative of the whole society — the taking possession of the means of production in the name of society — is simultaneously its last independent act as a state. The intervention of state power in social affairs becomes superfluous in one field after another until at last it falls asleep of its own accord.’4  However obscure or badly thought out may be its view of the essence of political organization, this statement is so positive in what it says of the proletarian rule that it would seem to leave no room for doubt. But it seems much less positive when we remember Marx’s assertion that between the capitalist and the communist societies must lie a period of revolutionary transformation, in addition to which there will be a corresponding ‘political period of transition whose state can be no other than the revolutionary dictatorship of the proletariat’.5  If we assume, with Lenin, that this period is to endure until that ‘higher phase of communist society’ is reached, in which ‘the enslaving subordination of individuals under the division of labour has vanished, and with it the contrast of mental and physical work’, in which ‘work will have become not only a means to life but itself the first necessity of life’, then of course we come to a very different conclusion with regard to Marxism’s attitude to democracy.6  Obviously the socialist community will have no room for democracy for centuries to come.

Although it occasionally comments on the historical achievements of Liberalism, Marxism entirely overlooks the importance of liberal ideas. It is at a loss when it comes to deal with the liberal demands for liberty of conscience and expression of opinion, for the recognition on principle of every opposition party and the equal rights of all parties. Wherever it is not in power, Marxism claims all the basic liberal rights, for they alone can give it the freedom which its propaganda urgently needs. But it can never understand their spirit and will never grant them to its opponents when it comes into power itself. In this respect it resembles the Churches and other institutions which rest on the principle of violence. These, too, exploit the democratic liberties when they are fighting their battle, but once in power they deny their adversaries such rights. So, plainly, the democracy of Socialism exposes its deceit. ‘The party of the communists’, says Bucharin, ‘demands no sort of liberties for the bourgeois enemies of the people. On the contrary.’ And with remarkable cynicism he boasts that the communists, before they were in power, advocated the liberty of expression of opinion merely because it would have been ‘ridiculous’ to demand from the capitalists liberty for the workers’ movement in any other way than by demanding liberty in general.7

Always and everywhere Liberalism demands democracy at once, for it believes that the function which it has to fulfil in society permits of no postponement. Without democracy the peaceful development of the state is impossible. The demand for democracy is not the result of a policy of compromise or of a pandering to relativism in questions of world-philosophy,8  for Liberalism asserts the absolute validity of its doctrine. Rather, it is the consequence of the Liberal belief that power depends upon a mastery over mind alone and that to gain such a mastery only spiritual weapons are effective. Even where for an indefinite time to come it may expect to reap only disadvantages from democracy, Liberalism still advocates democracy. Liberalism believes that it cannot maintain itself against the will of the majority; and that in any case the advantages which might accrue from a liberal regime maintained artificially and against the feeling of the people would be infinitesimal compared to the disturbances that would stay the quiet course of state development if the people’s will were violated.

The Social Democrats would certainly have continued to juggle with the catchword democracy, but, by an historical accident, the Bolshevist revolution has compelled them prematurely to discard their mask, and to reveal the violence which their doctrine implies.

  • 1Hegel, Vorlesungen über die Philosophie der Weltgeschichte (Lasson’s edition), Vol. I, Leipzig 1917, p. 40.
  • 2Gervinus, Einleitung in die Geschichte des neunzehnten Jahrhunderts, Leipzig 1853, p. 13.
  • 3i.e. German radicalism before the revolution of 1848 (translator’s note).
  • 4Engels, Herrn Eugen Dührings Umwälzung der Wissenschaft, 7 Aufl., Stuttgart 1910, p. 302.
  • 5Marx, Zur Kritik des sozialdemokratischen Parteiprogramms von Gotha, edited by Kreibich, Reichenberg 1920, p. 23.
  • 6Ibid., p. 17; also Lenin, Staat und Revolution, Berlin 1918, p. 89.
  • 7Bucharin, Das Programm der Kommunisten (Bolschewiki), Zurich 1918, p. 24 et seq.
  • 8As is the opinion of Kelsen (‘Vom Wesen und Wert der Demokratie’ in ‘Archiv fur Sozialwissenschaft’, Vol. XLVII, p. 84). Also Menzel, Demokratie und Weltanschauung (Zeitschrift fur offentliches Recht, Vol. II, p. 701 et seq.).

5. The Political Constitution of Socialist Communities

5. The Political Constitution of Socialist Communities

Beyond the dictatorship of the proletariat lies the paradise, the ‘higher phase of the communist society’, in which, ‘with the all round development of individuals, the productive forces will also have increased, and all the springs of social wealth will flow more freely’.1  In this land of promise ‘there will remain nothing to repress, nothing which would necessitate a special repressive power, a state... In place of the government over persons comes the administration of things and the direction of productive processes’.2  An epoch will have begun in which ‘a generation, grown up in new, free social conditions, will be able to discard the whole lumber of State’.3  The working class will have gone, thanks to ‘long struggles, a whole series of historical processes’, by which ‘the men, like the conditions, were completely transformed’.4  Thus society is able to exist without coercion, as once it did in the Golden Age. Of this Engels has much to relate, much that is beautiful and good.5  Only we have read it all before, all better and more beautifully expressed in Virgil, Ovid, and Tacitus!

     Aurea prima sata est aetas, quae vimdice nullo, sponte sua, sine lege fidem rectumque colebat.

     Poena metusque aberant, nec verba minantia fixo aere legebantur.6

It follows from all this that the Marxists have no occasion to occupy themselves with problems concerned with the political constitution of the socialist community. In this connection they perceive no problems at all which cannot be dismissed by saying nothing about them. Yet even in the socialist community the necessity of acting in common must raise the question of how to act in common. It will be necessary to decide how to form that which is usually called, metaphorically, the will of the community or the will of the people. Even if we overlooked the fact that there can be no administration of goods which is not administration of men — i.e. the bending of one human will to another — and no direction of productive processes which is not the government over persons — i.e. domination of one human will by another7  — even if we overlooked this we should still have to ask who is to administer the goods and direct the productive processes, and on what principles. Thus, once again we are beset by all the political problems of the legally regulated social community.

All historical attempts to realize the socialist ideal of society have a most pronounced authoritarian character. Nothing in the Empire of the Pharaohs or of the Incas, and nothing in the Jesuit State of Paraguay was suggestive of democracy, of self-determination by the majority of the people. The Utopias of all the older kinds of socialists were equally undemocratic. Neither Plato nor St. Simon were democrats. One finds nothing in history or in the literary history of socialist theory which shows an internal connection between the socialist order of. society and political democracy.

If we look closer we find that the ideal of the higher phase of communist society, ripening only in remote distances of the future, is, as the Marxists view it, thoroughly undemocratic.8  Here, too, the socialist intends that eternal peace shall reign — the goal of all democratic institutions. But the means by which this peace is to be gained are very different from those employed by the democrats. It will not rest on the power to change peacefully rulers and ruling policy, but on the fact that the regime is made permanent, and that rulers and policy are unchangeable. This, too, is peace; not the peace of progress which Liberalism strives to attain but the peace of the graveyard. It is not the peace of pacifists but of pacifiers, of men of violence who seek to create peace by subjection. Every absolutist makes such peace by setting up an absolute domination, and it lasts just as long as his domination can be maintained. Liberalism sees the vanity of all this. It sets itself, therefore, to make a peace which will be proof against the perils which threaten it on account of man’s inextinguishable yearning for change.

  • 1Marx, Zur Kritik des sozialdemokratischen Parteiprogramms von Gotha, p. 17.
  • 2Engels, Herrn Eugen Dükrings Umwälzung der Wissenschaft, p. 302.
  • 3Engels, Preface to Marx, Der Bürgerkrieg in rrankreich (Ausgabe der Politischen Aktions-Bibliothek, Berlin 1919), p. 16.
  • 4Marx, Der Bürgerkrieg, p. 54.
  • 5Engels, Der Ursprung der Familie, des Privateigentums und des Staates, 20th Edition, Stuttgart 1921, p. 163 et seq.
  • 6Ovid, Metamorphoses, 1, 89 et seq.; also Virgil, Aeneid, VII, 203 et seq.; Tacitus, Annal; III, 26; further Poehlmann, Geschichte der sozialen Frage und des Sozialismus in der antiken Welt., Vol. II, p. 583 et seq.
  • 7Bourguin, Die sozialistischen Systeme und die wirtschaftliche Entwicklung, translated by Katenstein, Tübingen 1906, p. 70 et seq.; Kelsen, Sozialismus und Staat, 2nd Edition, Leipzig 1923, p. 105.
  • 8Also Bryce, Moderne Demokratien, translated by Loewenstein and Mendelssohn Bartholdy, München 1926, Vol. III, p. 289 et seq.

Chapter 4: The Social Order and the Family

Chapter 4: The Social Order and the Family

1. Socialism and the Sexual Problem

1. Socialism and the Sexual Problem

Proposals to transform the relations between the sexes have long gone hand in hand with plans for the socialization of the means of production. Marriage is to disappear along with private property, giving place to an arrangement more in harmony with the fundamental facts of sex. When man is liberated from the yoke of economic labour, love is to be liberated from all the economic trammels which have profaned it. Socialism promises not only welfare — wealth for all — but universal happiness in love as well. This part of its programme has been the source of much of its popularity. It is significant that no other German socialist book was more widely read or more effective as propaganda than Bebel’s Woman and Socialism, which is dedicated above all to the message of free love.

It is not strange that many should feel the system of regulating sexual relations under which we live to be unsatisfactory. This system exerts a far reaching influence in diverting those sexual energies, which are at the bottom of so much human activity, from their purely sexual aspect to new purposes which cultural development has evolved. Great sacrifices have been made to build up this system and new sacrifices are always being made. There is a process which every individual must pass through in his own life if his sexual energies are to cast off the diffuse form they have in childhood and take their final mature shape. He must develop the inner psychic strength which impedes the flow of undifferentiated sexual energy and like a dam alters its direction.

A part of the energy with which nature has endowed the sexual instinct is in this way turned from sexual to other purposes. Not everyone escapes unscathed from the stress and struggle of this change. Many succumb, many become neurotic or insane. Even the man who remains healthy and becomes a useful member of society is left with scars which an unfortunate accident may re-open.1  And even though sex should become the source of his greatest happiness, it will also be the source of his deepest pain; its passing will tell him that age has come, and that he is doomed to go the way of all transient, earthly things. Thus sex, which seems ever and again to fool man by giving and denying, first making him happy and then plunging him back into misery, never lets him sink into inertia. Waking and dreaming man’s wishes turn upon sex. Those who sought to reform society could not have overlooked it.

This was the more to be expected since many of them were themselves neurotics suffering from an unhappy development of the sexual instinct. Fourier, for example, suffered from a grave psychosis. The sickness of a man whose sexual life is in the greatest disorder is evident in every line of his writings; it is a pity that nobody has undertaken to examine his life history by the psycho-analytic method. That the crazy absurdities of his books should have circulated so widely and won the highest commendation is due entirely to the fact that they describe with morbid fantasy the erotic pleasures awaiting humanity in the paradise of the ‘phalanstère’.

Utopianism presents all its ideals for the future as the reconstruction of a Golden Age which humanity has lost through its own fault. In the same way it pretends that it is demanding for sexual life only a return to an original felicity. The poets of antiquity are no less eloquent in their praises of marvellous, bygone times of free love than when they speak of the saturnian ages when property did not exist.2  Marxism echoes the older Utopians.

Marxism indeed seeks to combat marriage just as it seeks to justify the abolition of private property, by attempting to demonstrate its origin in history; just as it looked for reasons for abolishing the State in the fact that the State had not existed ‘from eternity’, that societies had lived without a vestige of ‘State and State power’.3  For the Marxist, historical research is merely a means of political agitation. Its use is to furnish him with weapons against the hateful bourgeois order of society. The main objection to this method is not that it puts forward frivolous, untenable theories without thoroughly examining the historical material, but that he smuggles an evaluation of this material into an exposition which pretends to be scientific. Once upon a time, he says, there was a golden age. Then came one which was worse, but supportable. Finally, Capitalism arrived, and with it every imaginable evil. Thus Capitalism is damned in advance. It can be granted only a single merit, that thanks to the excess of its abominations, the world is ripe for salvation by Socialism.

  • 1Freud, Drei Abhandlungen zur Sexualtheorie, 2nd Edition, Leipzig und Wien 1910, p. 38 et seq.
  • 2Poehlmann, Geschichte der sozialen Frage und des Sozialismus in der antiken Welt, Vol. II, p. 576.
  • 3Engels, Der Ursprung der Familie, des Privateigentums und des Staates, p. 182.

2. Man and Woman in the Age of Violence

2. Man and Woman in the Age of Violence

Recent ethnographical and historical research has provided a wealth of material on which to base a judgment of the history of sexual relations, and the new science of psycho-analysis has laid the foundations for a scientific theory of sexual life. So far sociology has not begun to understand the wealth of ideas and material available from these sources. It has not been able to restate the problems in such a way that they are adjusted to the questions that should be its first study to-day. What it says about exogamy and endogamy, about promiscuity, not to mention matriarchy and patriarchy, is quite out of touch with the theories one is now entitled to put forward. In fact, sociological knowledge of the earliest history of marriage and the family is so defective that one cannot draw on it for an interpretation of the problems which occupy us here. It is on fairly secure ground where it is dealing with conditions in historical times but nowhere else.

Unlimited rule of the male characterizes family relations where the principle of violence dominates. Male aggressiveness, which is implicit in the very nature of sexual relations, is here carried to the extreme. The man seizes possession of the woman and holds this sexual object in the same sense in which he has other goods of the outer world. Here woman becomes completely a thing. She is stolen and bought; she is given away, sold away, ordered away; in short, she is like a slave in the house. During life the man is her judge; when he dies she is buried in his grave along with his other possessions.1  With almost absolute unanimity the older legal sources of almost every nation show that this was once the lawful state of affairs. Historians usually try, especially when dealing with the history of their own nations, to soften the painful impression which a description of these conditions leaves on a modern mind. They point out that practice was milder than the letter of the law, that the harshness of the law did not cloud the relations between the married couple. For the rest, they get away as quickly as possible from a subject which does not seem to fit too well into their system, by dropping a few remarks about the ancient severity of morals and purity of family life.2  But these attempts at justification, to which their nationalist point of view and a predilection for the past seduce them, are distorted. The conception afforded by the old laws and law books of the relations between man and woman is not a theoretical speculation of unworldly dreamers. It is a picture direct from life and reproduces exactly what men, and women too, believed of marriage and intercourse between the sexes. That a Roman woman who stood in the ‘manus’ of the husband or under the guardianship of the clan, or an ancient German woman who remained subject to the ‘munt’ all her life, found this relation quite natural and just, that they did not revolt against it inwardly, or make any attempt to shake off the yoke — this does not prove that a broad chasm had developed between law and practice. It only shows that the institution suited the feeling of women; and this should not surprise us. The prevailing legal and moral views of a time are held not only by those whom they benefit but by those, too, who appear to suffer from them. Their domination is expressed in that fact — that the people from whom they claim sacrifices also accept them. Under the principle of violence, woman is the servant of man. In this she too sees her destiny. She shares the attitude to which the New Testament has given the most terse expression:

Neither was the man created for the woman; but the woman for the man.3

The principle of violence recognizes only the male. He alone possesses power, hence he alone has rights. Woman is merely a sexual object. No woman is without a lord, be it father or guardian, husband or employer. Even the prostitutes are not free; they belong to the owner of the brothel. The guests make their contracts, not with them, but with him. The vagabond woman is free game, whom everyone may use according to his pleasure. The right to choose a man herself does not belong to the woman. She is given to the husband and taken by him. That she loves him is her duty, perhaps also her virtue; the sentiment will sharpen the pleasure which a man derives from marriage. But the woman is not asked for her opinion. The man has the right to repudiate or divorce her; she herself has no such right.

Thus in the age of violence, belief in man’s lordship triumphs over all older tendencies to evolve equal rights between the sexes. Legend preserves a few traces of a time when woman enjoyed a greater sexual freedom — the character of Brünhilde, for example — but these are no longer understood. But the dominion of man is so great that it has come into conflict with the nature of sexual intercourse and for sheer sexual reasons man must, in his own interest, eventually weaken this dominion.

For it is against nature that man should take woman as a will-less thing. The sexual act is a mutual give and take, and a merely suffering attitude in the woman diminishes man’s pleasure. To satisfy himself he must awaken her response. The victor who has dragged the slave into his marriage bed, the buyer who has traded the daughter from her father must court for that which the violation of the resisting woman cannot give. The man who outwardly appears the unlimited master of his woman is not so powerful in the house as he thinks; he must concede a part of his rule to the woman, even though he ashamedly conceals this from the world.

To this is added a second factor. The sexual act gradually becomes an extraordinary psychic effort which succeeds only with the assistance of special stimuli. This becomes more and more so in proportion as the individual is compelled by the principle of violence, which makes all women owned women and thus renders more difficult sexual intercourse, to restrain his impulses and to control his natural appetites. The sexual act now requires a special psychic attitude to the sexual object. This is love, unknown to primitive man and to the man of violence, who use every opportunity to possess, without selection. The characteristic of love, the overvaluation of the object, cannot exist when women occupy the position of contempt which they occupy under the principle of violence. For under this system she is merely a slave, but it is the nature of love to conceive her as a queen.

Out of this contrast arises the first great conflict in the relations of the sexes which we can perceive in the full light of history. Marriage and love become contradictory. The forms in which this contrast appears vary, but in essence it always remains the same. Love has entered the feelings and thoughts of men and woman and becomes ever more and more the central point of psychic life, giving meaning and charm to existence. But at first it has nothing to do with marriage and the relations between husband and wife. This inevitably leads to grave conflicts, conflicts which are indeed revealed to us in the epic and lyric poetry of the age of chivalry. These conflicts are familiar to us because they are immortalized in imperishable works of art and because they are still treated by epigons and by that art which takes its themes from such primitive conditions as persist at the present day. But we moderns cannot grasp the essence of the conflict. We cannot understand what is to prevent a solution which would satisfy all parties, why the lovers must remain separated and tied to those they do not love. Where love finds love, where man and woman desire nothing except to be allowed to remain for ever devoted to each other, there, according to our view of the matter everything should be quite simple. The kind of poetry which deals with no other situation than this can, under the circumstances of present day life, do nothing less than bring Hansel and Gretel into each other’s arms, a denouement which is no doubt calculated to delight the readers of novels, but which is productive of no tragic conflict.

If, without knowledge of the literature of the age of chivalry, and basing our judgment merely on information about the relations of the sexes derived from other sources, we tried to picture for ourselves the psychic conflict of chivalric gallantry, we should probably imagine a situation in which a man is torn between two women: one his wife, to whom is bound the fate of his children; the other the lady to whom belongs his heart. Or we should delineate the position of a wife neglected by her husband, who loves another. Yet nothing would lie farther from an age dominated by the principle of violence. The Greek who divided his time between the hetaeras and love-boys by no means felt that his relationship with his wife was a psychic burden, and she herself did not see in the love given to the courtesan any encroachment on her own rights. Neither the troubadour who devoted himself wholly to the lady of his heart nor his wife who waited patiently at home suffered under the conflict between love and marriage. Both Ulrich von Liechtenstein and his good housewife found the chivalrous ‘minnedienst’ just as it should be. In fact, the conflict in chivalrous love was of an altogether different nature. When the wife granted the utmost favours to another the rights of the husband were injured. However eagerly he himself set out to win the favours of other women, he would not tolerate interference in his property rights, he would not hear of anyone possessing his woman. This is a conflict based on the principles of violence. The husband is offended, not because the love of his wife is directed away from him, but because her body, which he owns, is to belong to others. Where, as so often in antiquity and the orient, the love of man sought not the wives of others but prostitutes, female slaves, and love-boys, all standing outside society, a conflict could not arise. Love forces the conflict only from the side of male jealousy. The man alone, as owner of his wife, can claim to possess completely. The wife has not the same right over her husband. In the essentially different judgment bestowed upon the adultery of a man and the adultery of a woman and in the different manner in which husband and wife regard the adultery of one another, we see to-day the remnants of that code, which is otherwise already incomprehensible to us.

Under such circumstances, as long as the principle of violence rules, the impulse to love is denied an opportunity to develop. Banished from the homely hearth it seeks out all manner of hiding places, where it assumes queer forms. Libertinage grows rampant, perversions of the natural instincts become more and more common. Conditions are conducive to the spread of venereal diseases. Whether syphilis was indigenous to Europe or whether it was introduced after the discovery of America is a questionable point. Whatever the truth, we know that it began to ravage Europe like an epidemic about the beginning of the sixteenth century. With the misery it brought the love play of chivalric romanticism was at an end.

  • 1Westermarck, Geschichte der menschlichen Ehe, translated by Katscher und Grazer, and Edition, Berlin 1902, p. 122; Weinhold, Die deutschen Frauen in dem Mittelalter, 3rd Edition, Wien 1897, Vol. II, p. 9 et seq.
  • 2B. Weinhold, op. cit., Vol. II, p. 7 et seq.
  • 31 Cor. xi. 9.

3. Marriage Under the Influence of the Idea of Contract

3. Marriage Under the Influence of the Idea of Contract

Nowadays only one opinion is expressed about the influence which the ‘economic’ has exercised on sexual relations; it is said to have been thoroughly bad. The original natural purity of sexual intercourse has, according to this view, been tainted by the interference of economic factors. In no field of human life has the progress of culture and the increase of wealth had a more pernicious effect. Prehistoric men and women paired in purest love; in the precapitalist age, marriage and family life were simple and natural, but Capitalism brought money marriages and manages de convenances on the one hand, prostitution and sexual excesses on the other. More recent historical and ethnographic research has demonstrated the fallacy of this argument and has given us another view of sexual life in primitive times and of primitive races. Modern literature has revealed how far from the realities of rural life was our conception, even only a short while ago, of the simple morals of the countryman. But the old prejudices were too deep-rooted to have been seriously shaken by this. Besides, socialistic literature, with the assistance of its peculiarly impressive rhetoric, sought to popularize the legend by giving it a new pathos. Thus to-day few people do not believe that the modern view of marriage as a contract is an insult to the essential spirit of sexual union and that it was Capitalism which destroyed the purity of family life.

For the scientist it is difficult to know what attitude he should take to a method of treating such problems which is founded on highminded sentiments rather than on a discernment of the facts.

What is Good, Noble, Moral, and Virtuous the scientist as such is not able to judge. But he must at least correct the accepted view on one important point. The ideal of sexual relations of our age is utterly different from that of early times, and no age has come nearer to attaining its ideal than ours. The sexual relations of the good old times seem thoroughly unsatisfactory when measured by this, our, ideal; therefore, this ideal must have arisen from just that evolution which is condemned by the current theory as being responsible for the fact that we have failed to attain our ideal completely. Hence it is clear that the prevailing doctrine does not represent the facts; that, indeed, it turns the facts upside down and is entirely valueless in an attempt to understand the problem.

Where the principle of violence dominates, polygamy is universal. Each man has as many wives as he can defend. Wives are a form of property, of which it is always better to have more than few. A man endeavours to own more wives, just as he endeavours to own more slaves or cows; his moral attitude is the same, in fact, for slaves, cows, and wives. He demands fidelity from his wife; he alone may dispose of her labour and her body, himself remaining free of any ties whatever. Fidelity in the male implies monogamy.1  A more powerful lord has the right to dispose also of the wives of his subjects.2  The much discussed Jus Primae Noctis was an echo of these conditions, of which a final development was the intercourse between father-in-law and daughter-in-law in the ‘joint-family’ of the Southern Slavs.

Moral reformers did not abolish polygamy, neither did the Church at first combat it. For centuries Christianity raised no objections to the polygamy of the barbarian kings. Charlemagne kept many concubines.3  By its nature polygamy was never an institution for the poor man; the wealthy and the aristocratic could alone enjoy it.4  But with the latter it became increasingly complex according to the extent to which women entered marriage as heiresses and owners, were provided with rich dowries, and were endowed with greater rights in disposing of the dowry. Thus monogamy has been gradually enforced by the wife who brings her husband wealth and by her relatives — a direct manifestation of the way in which capitalist thought and calculation has penetrated the family. In order to protect legally the property of wives and their children a sharp line is drawn between legitimate and illegitimate connection and succession. The relation of husband and wife is acknowledged as a contract.5

As the idea of contract enters the Law of Marriage, it breaks the rule of the male, and makes the wife a partner with equal rights. From a one-sided relationship resting on force, marriage thus becomes a mutual agreement; the servant becomes the married wife entitled to demand from the man all that he is entitled to ask from her. Step by step she wins the position in the home which she holds to-day. Nowadays the position of the woman differs from the position of the man only in so far as their peculiar ways of earning a living differ. The remnants of man’s privileges have little importance. They are privileges of honour. The wife, for instance, still bears her husband’s name.

This evolution of marriage has taken place by way of the law relating to the property of married persons. Woman’s position in marriage was improved as the principle of violence was thrust back, and as the idea of contract advanced in other fields of the Law of Property it necessarily transformed the property relations between the married couple. The wife was freed from the power of her husband for the first time when she gained legal rights over the wealth which she brought into marriage and which she acquired during marriage, and when that which her husband customarily gave her was transformed into allowances enforceable by law.

Thus marriage, as we know it, has come into existence entirely as a result of the contractual idea penetrating into this sphere of life. All our cherished ideals of marriage have grown out of this idea. That marriage unites one man and one woman, that it can be entered into only with the free will of both parties, that it imposes a duty of mutual fidelity, that a man’s violations of the marriage vows are to be judged no differently from a woman’s, that the rights of husband and wife are essentially the same — these principles develop from the contractual attitude to the problem of marital life. No people can boast that their ancestors thought of marriage as we think of it to-day. Science cannot judge whether morals were once more severe than they are now. We can establish only that our views of what marriage should be are different from the views of past generations and that their ideal of marriage seems immoral in our eyes.

When panegyrists of the good old morality execrate the institution of divorce and separation they are probably right in asserting that no such things existed formerly. The right to cast off his wife which man once possessed in no way resembles the modern law of divorce. Nothing illustrates more clearly the great change of attitude than the contrast between these two institutions. And when the Church takes the lead in the struggle against divorce, it is well to remember that the existence of the modern marriage ideal of monogamy — of husband and wife with equal rights — in the defence of which the Church wishes to intervene, is the result of capitalist, and not ecclesiastical, development.

  • 1Weinhold, Die deutschen Frauen in dem Mittelalter, 1st edition, Wien, 1851, p. 292 et seq.
  • 2Westermarck, Geschichte der menschlichen Ehe, p. 74 et seq.; Weinhold, Die deutschen Frauen in dem Mittelalter, 3rd Edition, Wien 1897, Vol. I, p. 273.
  • 3Schröder, Lehrbuch der deutschen Rechtsgeschichte, 3rd Edition, Leipzig 1898, pp. 70, no; Weinhold, op. cit., Vol. II, p. 12 et seq.
  • 4Tacitus, Germania, c. 17.
  • 5Marianne Weber, Ehefrau und Mutter in der Rechtsentwicklung, Tübingen 1907, p. 53 et seq.; 217 et seq.

4. Problems of Married Life

4. Problems of Married Life

In the modern contractual marriage, which takes place at the desire of husband and wife, marriage and love are united. Marriage appears morally justified only when it is concluded for love; without love between the bridal couple it seems improper. We find strange those royal weddings which are arranged at a distance, and in which, as in most of the thinking and acting of the ruling Houses, the age of violence is echoed. The fact that they find it necessary to represent these marriages to the public as love marriages shows that even royal families have not been able to escape the bourgeois marriage ideal.

The conflicts of modern married life spring first of all from the necessarily limited duration of passion in a contract concluded for life. ‘Die Leidenschaft flieht, die Liebe muss bleiben’ (Passion flies, love must remain), says Schiller, the poet of bourgeois married life. In most marriages blessed with children, married love fades slowly and unnoticeably; in its place develops a friendly affection which for a long time is interrupted ever and again by a brief flickering of the old love; living together becomes habitual, and in the children, in whose development they relive their youth, the parents find consolation for the renunciation they have been forced to make as old age deprives them of their strength.

But this is not so for all. There are many ways by which man may reconcile himself to the transience of the earthly pilgrimage. To the believer religion brings consolation and courage; it enables him to see himself as a thread in the fabric of eternal life, it assigns to him a place in the imperishable plan of a world creator, and places him beyond time and space, old age and death, high in the celestial pastures. Others find satisfaction in philosophy. They refuse to believe in a beneficent providence, the idea of which conflicts with experience; they disdain the easy solace to be derived from an arbitrary structure of fantasies, from an imaginary scheme designed to create the illusion of a world order different from the order they are forced to recognize around them. But the great mass of men takes another way. Dully and apathetically they succumb to everyday life; they never think beyond the moment, but become slaves of habit and the passions. Between these, however, is a fourth group, consisting of men who do not know where or how to find peace. Such people can no longer believe because they have eaten of the tree of knowledge; they cannot smother their rebellious hearts in apathy; they are too restless and too unbalanced to make the philosophic adjustment to realities. At any price they want to win and hold happiness. With all their might they strain at the bars which imprison their instincts. They will not acquiesce. They want the impossible, seeking happiness not in the striving but in the fulfilment, not in the battle but in victory.

Such natures cannot tolerate marriage when the wild fire of the first love has begun to die. They make the highest demands upon love itself and they exaggerate the overvaluation of the sexual object. Thus they are doomed, if only for physiological reasons, to experience sooner than more moderate people disappointment in the intimate life of marriage. And this disappointment can easily change to revulsion. Love turns to hate, life with the once beloved becomes a torment. He who cannot content himself, who is unwilling to moderate the illusions with which he entered a marriage of love, who does not learn to transfer to his children, in sublimated form, those desires which marriage can no longer satisfy — that man is not made for marriage. He will break away from the bonds with new projects of happiness in love, again and again repeating the old experience.

But all this has nothing to do with social conditions. These marriages are not wrecked because the married couple live in the capitalist order of society and because the means of production are privately owned. The disease germinates not without, but within; it grows out of the natural disposition of the parties concerned. It is fallacious to argue that because such conflicts were lacking in precapitalist society, wedlock must then have provided what is deficient in these sick marriages. The truth is that love and marriage were separate and people did not expect marriage to give them lasting and unclouded happiness. Only when the idea of contract and consent has been imposed on marriage does the wedded couple demand that their union shall satisfy desire permanently. This is a demand which love cannot possibly meet. The happiness of love is in the contest for the favours of the loved one and in fulfilment of the longing to be united with her. We need not discuss whether such happiness can endure when physiological satisfaction is denied. But we know for certain that desire gratified, cools sooner or later and that endeavours to make permanent the fugitive hours of romance would be vain. We cannot blame marriage because it is unable to change our earthly life into an infinite series of ecstatic moments, all radiant with the pleasures of love. We should be equally wrong to blame the social environment.

The conflicts which social conditions cause in married life are of minor importance. It would be wrong to assume that loveless marriages made for the dowry of the wife or the wealth of the husband, or that marriages made miserable by economic factors are in any way as important an aspect of the question as the frequency with which literature treats of them would suggest. There is always an easy way out if people will only look for it.

As a social institution marriage is an adjustment of the individual to the social order by which a certain field of activity, with all its tasks and requirements, is assigned to him. Exceptional natures, whose abilities lift them far above the average, cannot support the coercion which such an adjustment to the way of life of the masses must involve. The man who feels within himself the urge to devise and achieve great things, who is prepared to sacrifice his life rather than be false to his mission, will not stifle his urge for the sake of a wife and children. In the life of a genius, however loving, the woman and whatever goes with her occupy a small place. We do not speak here of those great men in whom sex was completely sublimated and turned into other channels — Kant, for example — or of those whose fiery spirit, insatiable in the pursuit of love, could not acquiesce in the inevitable disappointments of married life and hurried with restless urge from one passion to another. Even the man of genius whose married life seems to take a normal course, whose attitude to sex does not differ from that of other people, cannot in the long run feel himself bound by marriage without violating his own self. Genius does not allow itself to be hindered by any consideration for the comfort of its fellows — even of those closest to it. The ties of marriage become intolerable bonds which the genius tries to cast off or at least to loosen so as to be able to move freely. The married couple must walk side by side amid the rank and file of humanity. Whoever wishes to go his own way must break away from it. Rarely indeed is he granted the happiness of finding a woman willing and able to go with him on his solitary path.

All this was recognized long ago. The masses had accepted it so completely that anyone who betrayed his wife felt himself entitled to justify his action in these terms. But the genius is rare and a social institution does not become impossible merely because one or two exceptional men are unable to adjust themselves to it. No danger threatened marriage from this side.

The attacks launched against it by the Feminism of the Nineteenth Century seemed much more serious. Its spokesmen claimed that marriage forced women to sacrifice personality. It gave man space enough to develop his abilities, but to woman it denied all freedom. This was imputed to the unchangeable nature of marriage, which harnesses husband and wife together and thus debases the weaker woman to be the servant of the man. No reform could alter this; abolition of the whole institution alone could remedy the evil. Women must fight for liberation from this yoke, not only that she might be free to satisfy her sexual desires but so as to develop her individuality. Loose relations which gave freedom to both parties must replace marriage.

The radical wing of Feminism, which holds firmly to this standpoint, overlooks the fact that the expansion of woman’s powers and abilities is inhibited not by marriage, not by being bound to man, children, and household, but by the more absorbing form in which the sexual function affects the female body. Pregnancy and the nursing of children claim the best years of a woman’s life, the years in which a man may spend his energies in great achievements. One may believe that the unequal distribution of the burden of reproduction is an injustice of nature, or that it is unworthy of woman to be child-bearer and nurse, but to believe this does not alter the fact. It may be that a woman is able to choose between renouncing either the most profound womanly joy, the joy of motherhood, or the more masculine development of her personality in action and endeavour. It may be that she has no such choice. It may be that in suppressing her urge towards motherhood she does hereself an injury that reacts through all other functions of her being. But whatever the truth about this, the fact remains that when she becomes a mother, with or without marriage, she is prevented from leading her life as freely and independently as man. Extraordinarily gifted women may achieve fine things in spite of motherhood; but because the functions of sex have the first claim upon woman, genius and the greatest achievements have been denied her.

So far as Feminism seeks to adjust the legal position of woman to that of man, so far as it seeks to offer her legal and economic freedom to develop and act in accordance with her inclinations, desires, and economic circumstances — so far it is nothing more than a branch of the great liberal movement, which advocates peaceful and free evolution. When, going beyond this, it attacks the institutions of social life under the impression that it will thus be able to remove the natural barriers, it is a spiritual child of Socialism. For it is a characteristic of Socialism to discover in social institutions the origin of unalterable facts of nature, and to endeavour, by reforming these institutions, to reform nature.

5. Free Love

5. Free Love

Free love is the socialist’s radical solution for sexual problems. The socialistic society abolishes the economic dependence of woman which results from the fact that woman is dependent on the income of her husband. Man and woman have the same economic rights and the same duties, as far as motherhood does not demand special consideration for the woman. Public funds provide for the maintenance and education of the children, which are no longer the affairs of the parents but of society. Thus the relations between the sexes are no longer influenced by social and economic conditions. Mating ceases to found the simplest form of social union, marriage and the family. The family disappears and society is confronted with separate individuals only. Choice in love becomes completely free. Men and women unite and separate just as their desires urge. Socialism desires to create nothing that is new in all this, but ‘would only recreate on a higher level of culture and under new social forms what was universally valid on a more primitive cultural level and before private ownership dominated society’.1

The arguments, sometimes unctuous and sometimes venomous, which are put forward by theologians and other moral teachers, are entirely inadequate as a reply to this programme. And most of the writers who have occupied themselves with the problems of sexual intercourse have been dominated by the monastic and ascetic ideas of the moral theologians. To them the sexual instinct is the absolute evil, sensuality is sin, voluptuousness is a gift of the devil, and even the thought of such things is immoral. Whether or not we uphold this condemnation of the sexual instinct depends entirely on our inclination and scale of values. The moralist’s endeavour to attack or defend it from the scientific point of view is wasted labour. The limits of scientific method are misconceived when one attributes to it the role of judge and valuer; the nature of scientific method is misunderstood when it is expected to influence action not merely by showing the effectiveness of means to ends but also by determining the relative value of the ends themselves. The scientist treating ethical problems should, however, point out that we cannot begin by rejecting the sexual instinct as evil in itself and then go on to give, under certain conditions, our moral approval or toleration to the sexual act. The usual dictum condemning sensual pleasure in sexual intercourse but declaring nevertheless that the dutiful fulfilment of the debitum conjugale for the purpose of begetting successors is quite moral, springs from poverty-stricken sophistry. The married couple act in sensuality; no child has ever yet been begotten and conceived out of dutiful consideration for the State’s need of recruits or taxpayers. To be quite logical, an ethical system which branded the act of procreation as shameful would have to demand complete and unconditional abstinence. If we do not wish to see life become extinct we should not call the source from which it is renewed a sink of vice. Nothing has poisoned the morals of modern society more than this ethical system which by neither condemning logically nor approving logically blurs the distinction between good and evil and bestows on sin a glittering allurement. More than anything it is to blame for the fact that the modern man vacillates aimlessly in questions of sexual morality, and is not even capable of properly appreciating the great problems of the relations between the sexes.

It is clear that sex is less important in the life of man than of woman. Satisfaction brings him relaxation and mental peace. But for the woman the burden of motherhood begins here. Her destiny is completely circumscribed by sex; in man’s life it is but an incident. However fervently and wholeheartedly he loves, however much he takes upon himself for the woman’s sake, he remains always above the sexual. Even women are finally contemptuous of the man who is utterly engrossed by sex. But woman must exhaust herself as lover and as mother in the service of the sexual instinct. Man may often find it difficult, in the face of all the worries of his profession, to preserve his inner freedom and so to develop his individuality, but it will not be his sexual life which distracts him most. For woman, however, sex is the greatest obstacle.

Thus the meaning of the feminist question is essentially woman’s struggle for personality. But the matter affects men not less than women, for only in co-operation can the sexes reach the highest degree of individual culture. The man who is always being dragged by woman into the lower spheres of psychic bondage cannot develop freely in the long run. To preserve the freedom of inner life for the woman, this is the real problem of women; it is part of the cultural problem of humanity.

It was failure to solve this problem which destroyed the Orient. There woman is an object of lust, a childbearer and nurse. Every progressive movement which began with the development of personality was prematurely frustrated by the women, who dragged men down again into the miasma of the harem. Nothing separates East and West more decisively to-day than the position of women and the attitude towards woman. People often maintain that the wisdom of the Orientals has understood the ultimate questions of existence more profoundly than all the philosophy of Europe. At any rate the fact that they have never been able to free themselves in sexual matters has sealed the fate of their culture.

Midway between Orient and Occident the unique culture of the Greeks grew up. But antiquity also failed to raise woman to the level on which it had placed man. Greek culture excluded the married woman. The wife remained in the woman’s quarters, apart from the world, nothing more than the mother of the man’s heirs and the steward of his house. His love was for the hetaera alone. Eventually he was not satisfied even here, and turned to homosexual love. Plato sees the love of boys transfigured by the spiritual union of the lovers and by joyful surrender to the beauty of soul and body. To him the love of woman was merely gross sensual satisfaction.

To Western man woman is the companion, to the Oriental she is the bedfellow. European woman has not always occupied the position she occupies to-day. She has won it in the course of evolution from the principle of violence to the principle of contract. And now man and woman are equal before the law. The small differences which still exist in private law are of no practical significance. Whether, for example, the law obliges the wife to obey her husband is not particularly important; as long as marriage survives one party will have to follow the other and whether husband or wife is stronger is certainly not a matter which paragraphs of the legal code can decide. Nor is it any longer of great significance that the political rights of women are restricted, that women are denied the vote and the right to hold public office. For by granting the vote to women the proportional political strength of the political parties is not on the whole much altered; the women of those parties which must suffer from the changes to be expected (not in any case important ones) ought in their own interests to become opponents of women’s suffrage rather than supporters. The right to occupy public office is denied women less by the legal limitations of their rights than by the peculiarities of their sexual character. Without underestimating the value of the feminists’ fight to extend woman’s civil rights, one can safely risk the assertion that neither women nor the community are deeply injured by the slights to women’s legal position which still remain in the legislation of civilized states.

The misconception to which the principle of equality before the law is exposed in the field of general social relationships is to be found in the special field of the relations between those sexes. Just as the pseudo-democratic movement endeavours by decrees to efface natural and socially conditioned inequalities, just as it wants to make the strong equal to the weak, the talented to the untalented, and the healthy to the sick, so the radical wing of the women’s movement seeks to make women the equal of men.2  Though they cannot go so far as to shift half the burden of motherhood on to men, still they would like to abolish marriage and family me so that women may have at least all that liberty which seems compatible with childbearing. Unencumbered by husband and children, woman is to move freely, act freely, and live for herself and the development of her personality.

But the difference between sexual character and sexual destiny can no more be decreed away than other inequalities of mankind. It is not marriage which keeps woman inwardly unfree, but the fact that her sexual character demands surrender to a man and that her love for husband and children consumes her best energies. There is no human law to prevent the woman who looks for happiness in a career from renouncing love and marriage. But those who do not renounce them are not left with sufficient strength to master life as a man may master it. It is the fact that sex possesses her whole personality, and not the facts of marriage and family, which enchains woman. By ‘abolishing’ marriage one would not make woman any freer and happier; one would merely take from her the essential content of her life, and one could offer nothing to replace it.

Woman’s struggle to preserve her personality in marriage is part of that struggle for personal integrity which characterizes the rationalist society of the economic order based on private ownership of the means of production. It is not exclusively to the interest of woman that she should succeed in this struggle; to contrast the interests of men and women, as extreme feminists try to do, is very foolish. All mankind would suffer if woman should fail to develop her ego and be unable to unite with man as equal, freeborn companions and comrades.

To take away a woman’s children and put them in an institution is to take away part of her life; and children are deprived of the most far-reaching influences when they are torn from the bosom of the family. Only recently Freud, with the insight of genius, has shown how deep are the impressions which the parental home leaves on the child. From the parents the child learns to love, and so comes to possess the forces which enable it to grow up into a healthy human being. The segregated educational institution breeds homosexuality and neurosis. It is no accident that the proposal to treat men and women as radically equal, to regulate sexual intercourse by the State, to put infants into public nursing homes at birth and to ensure that children and parents remain quite unknown to each other should have originated with Plato; he saw only the satisfaction of a physical craving in the relations between the sexes.

The evolution which has led from the principle of violence to the contractual principle has based these relations on free choice in love. The woman may deny herself to anyone, she may demand fidelity and constancy from the man to whom she gives herself. Only in this way is the foundation laid for the development of woman’s individuality. By returning to the principle of violence with a conscious neglect of the contractual idea, Socialism, even though it aims at an equal distribution of the plunder, must finally demand promiscuity in sexual life.

  • 1Bebel, Die Frau und der Sozialismus, 16th Edition, Stuttgart 1892, p. 343.
  • 2To examine how far the radical demands of Feminism were created by men and women whose sexual character was not normally developed would go beyond the limits set to these expositions.

6. Prostitution

6. Prostitution

The communist manifesto declares that the ‘complement’ of the ‘bourgeois family’ is public prostitution. ‘With the disappearance of capital’ prostitution would also disappear.1  A chapter in Bebel’s book on woman is headed ‘Prostitution, a necessary social institution of the bourgeois world’. Here is amplified the theory that prostitution is as necessary to bourgeois society as ‘police, standing army, church, entrepreneurs, etc.’2  Since its appearance the view that prostitution is a product of Capitalism has gained ground enormously. And as, in addition, preachers still complain that the good old morals have decayed, and accuse modern culture of having led to loose living, everyone is convinced that all sexual wrongs represent a symptom of decadence peculiar to our age.

In answer to this it is sufficient to point out that prostitution is an extremely ancient institution, unknown to hardly any people that has ever existed.3  It is a remnant of ancient morals, not a symptom of the decay of higher culture. The most powerful influence against it to-day — the demand for man’s abstinence outside marriage — is one of the principles involved in equal moral rights for man and woman, and is therefore altogether an ideal of the capitalist age. The age of the principle of violence demands sexual purity only from the bride, not from the bridegroom also. All those factors which favour prostitution to-day have nothing whatever to do with private property and Capitalism. Militarism, which keeps young men from marriage longer than they wish, is anything but a product of peaceloving Liberalism. The fact that government and other officials can only marry when they are rich, as otherwise they would not be able to keep up appearances, is, like all other caste fetishes, a vestige of pre-capitalist thought. Capitalism does not recognize caste or caste customs; under Capitalism everyone lives according to his income.

Some women prostitute themselves because they want men, some because they want food. With many both motives operate. One may admit without further discussion that in a society where incomes were equal the economic temptation to prostitution would cease completely or dwindle to a minimum. But it would be idle to speculate whether or not, in a society without inequalities of income, other new social sources of prostitution could not arise. At any rate one cannot merely assume that the sexual morality of a socialist society would be more satisfactory than that of capitalist society.

It is in the study of the relations between sexual life and property, more than in any other field of social knowledge, that our ideas must be clarified and remodelled. Contemporary treatment of this problem is riddled with prejudices of all kinds. But the eyes with which we look at the matter must not be those of the dreamer envisioning a lost paradise, who sees the future in a blaze of rose-coloured light, and condemns all that goes on around us.

  • 1Marx und Engels, Das Kommunistische Manifest, 7th German Edition, Berlin 1906, p. 35.
  • 2Bebel, Die Frau und der Sozialismus, p. 141, et seq.
  • 3Marianne Weber, Ehefrau und Mutter in der Rechtsentwickhung, p. 6 et seq.