Freedom and the Law. Bruno Leoni

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anyone to go to him to ask for money at a usurious rate.

      In spite of this difference between “constraint,” in the sense of something actually done to cause harm to somebody against his will, and behavior like that of Shylock, many people, especially in the last hundred years in Europe, have tried to inject into ordinary language a semantic confusion the result of which is that a man who has never committed himself to perform a definite act in favor of other people and who therefore does nothing on their behalf is censured because of his purported “omission” and is blamed as if he had “constrained” others to do something against their will. This is not, in my opinion, in accordance with the proper usage of ordinary language in all the countries with which I am familiar. You do not “constrain” someone if you merely refrain from doing on his behalf something you have not agreed to do.

      All socialist theories of the so-called exploitation of workers by employers—and, in general, of the “have-nots” by the “haves”—are, in the last analysis, based on this semantic confusion. Whenever self-styled historians of the Industrial Revolution in England in the nineteenth century talk about the “exploitation” of workers by employers, they imply precisely this idea that the employers were exercising “constraint” against workers to make them accept poor wages for hard jobs. When statutes such as the Trade Disputes Act of 1906 in England granted to the trade unions a privilege to constrain employers to accept their demands by unlawful acts, the idea was that the employees were the weaker party and that they could therefore be “constrained” by employers to accept poor wages instead of high wages. The privilege granted by the Trade Disputes Act was based on the principle familiar to the European liberals of that time, and corresponding also to the meaning of “freedom” as accepted in ordinary language, that you are “free” when you can constrain other people to refrain from constraining you. The trouble was that, while the constraint granted to the unions as a privilege by the Act had the usual meaning of this word in ordinary language, the “constraint” that the privilege was designed to prevent on the part of the employers was not understood in the sense that this word had and still has in ordinary language. If we consider things from this point of view, we must agree with Sir Frederick Pollock, who wrote in his Law of Torts that “legal science has evidently nothing to do with the violent empirical operation on the body politic” that the British legislature had thought fit to perform by the Trade Disputes Act of 1906. We have to say also that the ordinary use of language has nothing to do with the meaning of “constraint” that rendered it suitable, in the eyes of the British legislators, to inflict upon the body politic a violent operation of this kind.

      Unprejudiced historians, such as Professor T. S. Ashton, have demonstrated that the general situation of the poor classes of the English population after the Napoleonic wars was due to causes that had nothing to do with the behavior of the entrepreneurs of the new industrial era in that country and that its origin is traceable far back into the ancient history of England. What is more, economists have often demonstrated, both by adducing cogent arguments of a theoretical nature and by examining statistical data, that good wages depend on the ratio between the amount of capital invested and the number of workers.

      But this is not the main point of our argument. If one gives to “constraint” such different meanings as those we have just seen, one can easily conclude that the entrepreneurs at the time of the Industrial Revolution in England were “constraining” people to inhabit, for example, old and unhealthful houses only because they did not build for their workers a sufficient number of new and good houses. In the same way, one could say that the industrialists who do not make huge investments in machinery, regardless of the returns they can get, are “constraining” their workers to content themselves with low wages. In fact, this semantic confusion is fostered by several propaganda and pressure groups interested in making persuasive definitions both of “freedom” and of “constraint.” As a result, people can be censured for the “constraint” they allegedly exercise over other people with whom they have never had anything to do. Thus, the propaganda of Mussolini and Hitler before and during the Second World War included the assertion that the people of other countries located as far from Italy or Germany as, say, Canada or the United States were “constraining” the Italians and the Germans to be content with their poor material resources and their comparatively narrow territories, although not even one single square mile of German or Italian territory had been taken by Canada or by the United States. In the same way, after the last World War we were told by many people—especially by those belonging to the Italian “intelligentsia”—that the rich landowners of Southern Italy were directly responsible for the misery of the poor workers there or that the inhabitants of Northern Italy were responsible for the depression of the deep South, although no demonstration could be seriously supplied to prove that the wealth of certain landowners in Southern Italy was the cause of the workers” poverty or that the reasonable standard of living enjoyed by the people of Northern Italy was the cause of the absence of such a standard in the South. The assumption underlying all these ideas was that the “haves” of Southern Italy were “constraining” the “have-nots” to make a poor living, in the same way as the inhabitants of Northern Italy were “constraining” those living in the South to be content with agricultural incomes instead of building industries. I must point out too that a similar semantic confusion underlies many of the demands made upon the peoples of the West (including the United States) and the attitudes adopted toward them by the ruling groups in certain former colonies like India or Egypt.

      This results in occasional mutinies, riots, and all kinds of hostile actions on the part of the people who feel “constrained.” Another no less important result is the series of acts, statutes, and provisions, at national as well as international levels, designed to help people allegedly “constrained” to counteract this “constraint” by legally enforced devices, privileges, grants, immunities, etc.

      Thus, a confusion of words causes a confusion of feelings, and both react reciprocally on each other to confound matters even more.

      I am not so naive as Leibniz, who supposed that many political or economic questions could be settled, not by disputes (clamoribus), but by a sort of reckoning (calculemus) through which it would be possible for all people concerned to agree at least in principle about the issues at stake. But I do maintain that semantic clarification is likely to be more useful than is commonly believed, if only people were put in a condition to benefit from it.

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