James Fitzjames Stephen
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Sir James Fitzjames Stephen (March 3, 1829 – March 11, 1894) was an English lawyer and judge, created 1st Baronet Stephen by Queen Victoria. Through his rebuttal of John Stuart Mill's On Liberty, titled Liberty, Equality, Fraternity he established himself as a conservative philosopher.
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[edit] Liberty, Equality, Fraternity (1873-1874)
- Parliamentary government is simply a mild and disguised form of compulsion. We agree to try strength by counting heads instead of breaking heads, but the principle is exactly the same... The minority gives way not because it is convinced that it is wrong, but because it is convinced that it is a minority.
- Ch. 2
- To me this question whether liberty is a good or a bad thing appears as irrational as the question whether fire is a good or a bad thing. It is both good and bad according to time, place, and circumstance, and a complete answer to the question, In what cases is liberty good and in what cases is it bad? would involve not merely a universal history of mankind, but a complete solution of the problems which such a history would offer.
- Ch. 2
- Persuasion, indeed, is a kind of force. It consists in showing a person the consequences of his actions. It is, in a word, force applied through the mind.
- Ch. 3
- To try to regulate the internal affairs of a family, the relations of love or friendship, or many other things of the same sort, by law or by the coercion of public opinion, is like trying to pull an eyelash out of a man’s eye with a pair of tongs. They may put out the eye, but they will never get hold of the eyelash
- Ch. 4
- To try to make men equal by altering social arrangements is like trying to make the cards of equal value by shuffling the pack.
- Ch. 5
- The result of cutting [political power] up into little bits is simply that the man who can sweep the greatest number into one heap will govern the rest... In a pure democracy the ruling men will be the wirepullers and their friends; but they will no more be on an equality with the voters than soldiers of Ministers of State are on an equality with the subjects of monarchy.
- Ch. 5
- To say that the law of force is abandoned because force is regular, unopposed, and beneficially exercised, is to say that day and night are now such well-established institutions that the sun and moon are mere superfluities.
- Ch. 5
[edit] A General View Of The Criminal Law Of England (1863)
- The criminal law stands to the passion of revenge in much the same relation as marriage to the sexual appetite.
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Men have an all but incurable propensity to prejudge all the great questions which interest them by stamping their prejudices upon their language. [1]
