.
| [A paper presented at
the Twelfth International Conference on Land Value Taxation and Free
Trade. Caswell Bay, Wales, September 1968] |
THERE is still some magic in the words, the Rights of Man; it is as if
they awaken a deep instinct as well as provoke discussion. Perhaps this
is the reason why not so very long ago a movement for reform, based on
this appeal, could cross frontiers and continents and win ardent support
among millions of working men and women as well as among circles of
profound thinkers. The atmosphere was unprecedented. William Hazlitt,
looking back from 1814 after the movement had sunk to mere
power-politics, recalls the outset as "that springtime of the
world, when France called her children to partake her equal blessings
beneath her laughing skies; when the stranger was met in all her
villages with festive songs in celebration of a new era; and when, to
the retired student, the prospects of human happiness were seen
ascending, like the steps of Jacob's ladder, in never-ending succession."
It is strange to us in the atmosphere of today, to imagine that a
statement of government policy could arouse such feelings. But the
American Declaration of Independence, 1776, and the French Declaration
of the Rights of Man and of Citizens, 1789, were not election addresses.
Despite imperfections, such as "all men are created equal,"
these documents were the culmination of a century of active thought,
known to historians as "the Age of Common Sense," or "the
Age of Reason." After the English Glorious Revolution, 1689, "the
eternal spirit of the chainless mind" had been awakened. The ideas
of John Locke, that government itself has no rights, only the duty of
protecting individual rights, began to spread like slow fire at the
roots of paternalism. Carried to America and back again to Europe on two
great occasions it had brought into public affairs not professional
politicians but amateurs of courage and conviction, not yet corrupted by
power. The ringing phrases of these two manifestos breathe the spirit
that resists government pretensions, that scorns patronage, that begs
nothing from public funds; a spirit based on the conviction that "the
sole causes of public misfortunes and corruptions of government"
are not defects in the planned economy or welfare regulations but "ignorance,
neglect, or contempt of human rights." They were .uncompromising
appeals from man to man, not from organisations to the timid who seek
the shelter of organisations. Said Benjamin Franklin: "They that
can give up essential liberty to obtain a little temporary safety
deserve neither liberty nor safety."
It is like a cold douche to turn from these declarations to the text of
the Universal Declaration of Human Rights - later referred to as the
Charter - originally approved by the United Nations Assembly at Paris,
10th December, 1948, and now, in this officially-appointed Human Rights
Year, due to be celebrated and reviewed at a meeting of delegates in
Teheran, December 1968. All who are genuinely concerned for right and
justice must hope that the delegates to Teheran will forget political
considerations in favour of universal considerations and revise the
Charter on this basis. To do so would transform the document into a
challenge to world opinion and evoke discussion on a scale it has so far
failed to arouse. Even when the Charter was first issued there was
comparatively little notice in the newspapers, and some more serious
organs pointed to its defects. The Church Times remarked: "It
makes claims and enunciates dogmas which are by no means self-evident to
the human mind or human conscience. What is the intellectual basis for
its assertions?" Mrs. Eleanor Roosevelt, Chairman of the Human
Rights Commission, stated in a foreword to the text: "It is not a
perfect document... there must be a considerable number of compromises
... but a beginning had to be made."
It is unfortunate that the Charter does not begin with a clear
definition of universal human rights, i.e. inherent to every
person at any time and in any place. This might have saved the sponsors
from confounding rights and duties in so many of the Articles. This not
only confuses the reader; it blurs perception of both rights and duties.
We all acknowledge moral obligations, duties to society; but these would
have been much clearer if tabulated separately. Moreover, in such a
statement it is necessary to use words only in their essential,
unmistakeable meaning. In the preamble the Charter refers to "freedom
from fear and want" and to "fundamental freedoms," But
freedom, the state of being exempt from outward restrictions or
compulsions, has no direct reference to human emotions. Open the prison
door and the man is free, but he is still subject to natural fear and
the need to supply his requirements by his own efforts. Misuse of the
word freedom, in this context, deflects enquiry from possible
restrictions or compulsions leading to unnatural fear and unnatural
privation. Freedom is a universal principle with infinite application;
to pluralise such an abstraction is absurd and misleading.
"The natural liberty of man," says John Locke, "is to
have only the law of nature as his rule." All are born equally free
to use the natural resources of the earth for their support, and to
exert their natural powers, mental and physical, as seems best to
themselves within the limits that nature imposes. This equal freedom of
natural opportunity is the basis of all human rights, and one which any
intelligent person can understand. If the sponsors of the Charter had
made this clear at the outset the document might have been more
convincing and have attracted more attention. A right is a negative
conception. If an alleged right conflicts with another, one or both must
be spurious. If an alleged right requires someone to do something, ft is
spurious. No right can be created by government; human rights are
anterior to all government.
The first sentence of Article 1 of the Charter: "All human beings
are born free and equal in dignity and rights," clearly accords
with this definition, and so with a number of subsequent passages, e.g.:
"Everyone has the right to life, liberty and security of person."
"No one shall be subjected to arbitrary interference with his
privacy, family, home or correspondence." "Everyone has the
right to own property." "No one shall be arbitrarily deprived
of his property." "No one may be compelled to belong to an
association." "Everyone has the right to work." Assuming
that property is understood in its universal sense, all the foregoing
accord with the negative conception of rights and with the definition,
in every reputable dictionary, of freedom as "the state or
condition of being free."
In other parts of the Charter, however, we find so many passages in
conflict with the above that an inattentive reader might forget these
quoted statements as mere verbal formalities. We are told, for example:
"Everyone has the right to social security." "Everyone
has the right to favourable conditions of work and to protection against
unemployment." "Everyone has the right to equal pay for equal
work" and to "just and favourable remuneration ...
supplemented, if necessary, by other means of social protection." "Everyone
has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay." "Everyone has
the right to a standard of living adequate for the well-being of himself
and his family, including food, clothing, housing," etc. "Everyone
has the right to education." "Education shall be compulsory"
and directed to purposes the Charter prescribes. "In the exercise
of his rights and freedoms everyone shall be subject only to such
limitations as are determined for the purpose of securing the general
welfare in a democratic society."
As we are also told that "education shall be free" and that "parents
have a prior claim to decide their childrens' education," the
clauses on education are contradictory; but one can see, on examination,
that none of the above statements conforms to a universal human right.
They are all statements of claims for things which everybody has the
alleged right to compel everybody to provide. If A has the right to
well-paid employment with paid holidays, B must necessarily provide it;
but if B has the same right, then A must also provide B with the same.
This is not a statement of universal human rights in the enjoyment of
which all might freely provide for themselves; it is a code of
regulations for a dependent world. Such statements might have been drawn
up by a committee of well-meaning persons, who, taking slavery for
granted, were concerned to ensure that the slaves were well treated;
allowing the inspector, however, wide discretion in interpreting what
shall be "reasonable," "adequate," conducive to the "general
welfare," etc. All is based on the acceptance of compulsion as a
necessary and permanent element in human rights.
Totalitarian regimes find it necessary to set up prison camps in which
those who seek truth independently, despite the influences of state
education, prevailing opinion, and authority, are subjected to brain
washing designed to restore them to what is considered a normal
condition of mind. In a letter recently smuggled out, one victim, an
historian who had survived the corrective process, observes: "Despotism
begins its chronology from the time people stop thinking of compulsion
from above as evil, and begin to regard it as normal."
The most significant aspect of the Charter is its omissions. Almost all
controversy today is concerned with what are called economic matters:
questions of inflation and trade, taxation, and the prohibitive cost of
land for people to live on and work on. And it is conducted with so much
expertise, jargon and metaphor that it is a kind of closed circuit from
which the common sense of ordinary people is excluded, although they are
well aware that their interests are at stake, and when the promised
miracles do not emerge they feel sullen discontent. Here, if anywhere, a
clear lead on their rights is required. Yet on these subjects the
Charter has nothing to say, leaving the public to infer that no human
rights are involved. For all the Charter has to declare, any ruling
authority, by debasing the currency, might reduce everyone whose means
are only in the form of money to destitution; by putting a complete
embargo upon the exchange of goods and services it could reduce its
subjects to the lowest scale of human existence; by taxing all their
earnings it could confiscate all their property; by denying them the use
of the earth it could deprive them of life itself.
The difficulties of persuading many delegates to co-operate in drawing
up this Charter reflects credit on those who took the lead, and it would
be unfair to condemn the document for minor shortcomings, fiut when the
omissions and inconsistencies allow violations of the most important
human rights, the Charter requires drastic revision if the original
purpose is to be realised. Many persons are capable of a surprising
degree of self-delusion when faced with .awkward realities, but the
patrons and sponsors of this Charter occupy the highest positions in
Church and State. If they delude themselves they delude millions.
Intellectual integrity is a moral obligation; it could not be more so
than in framing such a declaration.
Distinguishing truth and error in regard to rights is not a merely
intellectual exercise but a matter of the highest concern for everybody,
and a theory is more acceptable if an example can be quoted. The Charter
declares that recognition of human rights promotes the "inherent
dignity" of men and women and "freedom, justice and peace in
the world." If the earlier conception of rights is accepted, a
general view of history confirms this, and a specific example can be
quoted in relation to one human right which the Charter omits.
The right to trade freely is a natural right. It conflicts with no
other right and requires no compulsion. At all times and places the
natural impulse to exchange goods and services to mutual advantage has
tended to form a peaceful bond between individuals and nations, to
stimulate intelligence and to promote prosperity. Governments have
always denied this right, usually succeeding in persuading people to
believe that the infinite series of exchanges can be directed by
officialdom, using restrictions, penalties and taxes, national treaties
and alliances, better than by leaving trade to the individuals
concerned. But in Britain in the 1840s popular agitation obliged the
government to allow this essential human right to trade. Restrictions
were progressively removed, and with opportunity increased and more open
to personal initiative, the material benefits were so impressive that
restrictions could not be re-imposed until seventy years afterwards,
when the example had been forgotten. But the moral effects were equally
marked. Poverty remained, but the victims had more spirit to fight it.
People discovered that by relying upon themselves instead of on
protection from above, life had much more to offer. Respect for their
own powers in providing for their material needs enhanced their dignity
as men and citizens. Feeling that honest effort was rewarded more than
political intrigue, they respected the property of others and the laws
that protected it. At the beginning of Victoria's reign crime was rife
and pauperism widespread; by the close, the incidence of crime had
declined to a quarter of the earlier figures and pauperism perhaps even
more. The Great Exhibition of 1851 drew unprecedented crowds to London
scarcely two years after revolutionary outbreaks had swept Europe. Yet
there were no disturbances; no exhibit was broken or stolen. The French
author Jules Janin was astonished. Remembering, no doubt, the
bureaucratic regimes of his own country, and the succession of mob
violence, revolutions and coups d'etat, he wrote: "What an
extraordinary people, these English. They refuse to be governed; they
govern themselves. At the slightest occasion every bystander goes to the
help of the policeman."
If recognition of an important, though not all-comprehensive right, had
this effect, and if the Charter's view of human rights as Claims on
society is correct, one would expect similar effects to have become
evident during the last twenty years, during which Western governments
have increasingly implemented the Charter's view, and indeed extended it
to industries. Yet who could say that the standards of self-respect and
public spirit have risen; that peoples, classes and individuals are more
at peace with each other; that life and property are more secure; that
confidence in freedom is firmer?
The record suggests that to systemise state relief for all as a human
right can never bring happiness. The general malaise threatens to erupt
in violence as blind and selfish as that which preceded the downfall of
previous civilisations. The riotous demand is not for recognition of
human rights. Students on public assistance demand more assistance and
fewer obligations to the society that supplies it. Closed shop trade
unionists do not strike to assert the right to work but to monopolise
it. Consumers are exploited by private and state monopolies; taxpayers
are subjected to arbitrary and crushing imposts; elderly savers are
robbed by debasing the reward of thrift; land users have to pay an
ever-increasing toll to land owners; but none of these victims think of
invoking the United Nations Charter of Human Rights. If they did they
would find no specific Article to protect them.
It is absurd to expect that this tide can be turned by ceremonious
professions of well-meaningness, by hoping that justice can be done "without
injuring those who profit from injustice, or by merely ringing the
changes in prevailing ideas. It can be turned only by giving a different
direction to thought on social affairs. A beginning might be made by a
new and arresting restatement of human rights, capable of showing
normally intelligent people that if essential rights previously
overlooked were now acknowledged they could live and prosper by their
own efforts, without having to interfere with others. Mrs. Roosevelt's
suggestion of amending the United Nations Charter has not been taken up,
and interest in the subject has waned. Now is the opportunity for
drastic revision.
The inconsistencies and evasions of the Charter appear, on examination,
to have arisen from the perception that under what was called freedom
the mass of people found and still find themselves threatened by poverty
and unemployment, so that any new statement of human rights must somehow
help to allay this fear. The sponsors of the document had either to show
that these evils were caused by violation of essential rights, and to
denounce such violation, or to re-state human rights in such a way as to
accord with .artificial measures of protection and relief, as if these
evils were natural and inevitable. They chose the latter alternative and
produced a document which the most selfish land owner or trade
monopolist could sign; but it has done little or nothing to enhance the
value of human rights in the eyes of the people; the indifference is
general. Only after long disappointed hopes and aspirations have Western
peoples turned away from the ideal of self-reliance, but they still
cherish it instinctively in their hearts. If a re-statement could
satisfy both the logical understanding and the innate urge to be free,
people would not remain indifferent.
The weakness of earlier declarations has been the failure to emphasise
the essential conditions of human life within which all the rights of
man must be exercised. Yet the key is to be found in common knowledge
and observation. It seems a truism to point out that man and every one
of his requirements, all drawn from animal, vegetable and mineral
resources, go back to the earth; but it is a truism almost always
ignored in relation to social questions. If the first of human rights,
that on which all other rights depend, is not the right to land,
everybody's conception of the world around them is mistaken. But if they
are not mistaken, and as there is nothing in the order of nature to show
that any individual has more right to land than another, then the first
consideration in a synthesis of human rights is to ensure that rights to
land are free and equal. Insofar as this right is denied, other rights
cannot be freely enjoyed; they must appear in practice to be
insufficient, and however reluctantly, people will surrender their
rights in return for some form of charity, genuine or compulsory.
But this method of overcoming difficulties by providing a substitute
for rights must always create further difficulties because it ignores
human nature. A recent government survey, noticing that elderly British
people are reluctant to beg for everything the regulations allow them,
suggests some form of psychological treatment; but it is unlikely that
these experts will succeed in stamping out the last embers of
self-respect, a task in which even the Russians have failed. It might be
objected that the "inherent dignity" of these friendless
people does not reflect the attitude of younger people conditioned to
accept state protection as natural; but self-respect is only one form of
the urge to self assertion which everyone feels. Young people of today,
having never breathed the hopeful atmosphere of freedom, often regard
the ideal of self-reliance as an affront to their "rights,"
but this only diverts their self assertion into other channels. They
demand more of the collectivist cake, but chafe so much against the
unnatural discipline any such system requires that its operation becomes
progressively difficult. They deny the restraints it is easiest to
break, those moral obligations our forbears in harder conditions found
it necessary to respect; but this easy form of protest is not enough.
Some take to aimless violence, but almost all begin to question
everything, and in this there is hope.
The young denounce "the establishment," not noticing, as yet,
that collectivism is an establishment. But land monopoly is the oldest
establishment in modern society and so influential that all the other
establishments, Left, Right and Centre, keep quiet about it. If the
attention of young enquiring minds could be drawn to this they might
eventually realise that the ultimate source of all the restrictions that
cramp and frustrate their energies is denial of genuine natural rights.
This would give them what they are unconsciously seeking-a generous
cause to fight for. The healthiest societies have always needed
intelligent rebels; a sick society needs them especially. Despite
publicised examples to the contrary, everyone knows that young persons
today can be just as generous and considerate as in former times.
No movement in human affairs starts from nothing. The malaise today is
only a further development in modern society of earlier symptoms arising
from the same causes. These causes are not to be found in the events
that attract publicity, but in the things which affect the daily lives
of ordinary people. "The association of poverty with progress is
the great enigma of our times. It is the riddle which the Sphinx of Fate
puts to our civilisation and which not to answer is to be destroyed."
Thus said Henry George some ninety years ago, and technological advance
has made not the slightest difference to the basis on which he
formulated his answer. Land and labour are still the primary factors in
the production of real wealth. However affluent the disguise, no person
depending upon state allowances can be otherwise than essentially poor.
No person acquiring wealth by artificial privilege can do so except at
the expense of producers.
But today, as at any other time, we could establish a just and natural
principle in public revenue, which, by equalising the individual
opportunities that arise from human association, would enable all to
enjoy their natural rights and provide for themselves in genuine
freedom. The basis of a healthy society is at our feet. With everyone
free to pursue his own happiness in his own way there would be no
artificial frustration. With no rat race to narrow sympathies and foster
selfishness, natural charity would provide for all the unfortunate and
afflicted. Individual weaknesses would remain, though more subject to
the natural correctives; but in an atmosphere so enriched, offering
infinite variety of opportunity to human aspiration, the higher
qualities would have more scope. It is unlikely that so many would drug
themselves by trivial pastimes and sensual indulgence as now when
opportunity is so monopolised that crime seems the only channel left
open to personal initiative.
One aspect of the question of the universal right to land is unique
among current discussion of social questions. Whatever their differences
in other respects, leaders of opinion adopt the same attitude to the
essential principle; they neither oppose nor support, denounce nor
approve it: they simply ignore it. Their attitude is similar to that of
the courtiers in Hans Andersen's story of the emperor's new clothes;
they blind themselves to what a child might see. The wildest and most
destructive political and social ideas ate given wide publicity, and in
economics those who preach manipulation as the basis of the science have
all the arena. But the right to land has no publicity. Land "shortage"
in Western countries is recognised but it is treated as if it were a
shortage of some man-made commodity, capable of being supplied by
subsidies and regulations. In Eastern countries we are told the
difficulty can be overcome by arbitrary re-distribution of ownership.
But in both case-o the essential principle of land rights is avoided.
If human rights are regarded as claims to protection, this silence is
not surprising. The atmosphere encourages great interests to obtain
privileges and thus become the dominating force in moulding opinion. The
spirit of monopoly instinctively impels them to divert attention from
the monopoly which Churchill once described as "the mother of all
other forms of monopoly."
Land speculating companies, however, are not misled. In attracting
investors they point out that "the supply of land cannot be
increased" and that "throughout history the ownership of land
has given power literally of life and death" over the landless.
Earlier societies, to whom eternal things were more obvious, also
recognised this. "The Earth is the Lord's," said the old
Hebrews, and they acknowledged the principle of equal right to God's
creation by their institution of the Jubilee. Church leaders today
ignore this example. By their silence on the right of God's creatures to
the gifts of Providence they seem to imply that modern economists are
wiser than the old prophets. But this passing by on the other side does
not appear to have strengthened the influence of religion. To most
people the Churches seem to be in timid retreat, compromising with
debasing trends rather than stoutly opposing them and pointing to an
alternative approach; and a religious approach must necessarily be far
more profound than that of current journalism and broadcasting. Western
civilisation used to be considered on the whole a Christian
civilisation. As Henry George pointed out, the earth is the tomb of dead
empires and civilisations no less than of dead men.
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