Published online by Cambridge University Press: 27 January 2009
Liberals have regularly associated tradition with constraint. They have spoken of the ‘force’ of tradition or of the ‘despotism’ of custom. Locke drew a contrast between those who let themselves be guided by ‘traditional customs and the fashion of the country’ and those who use their liberty to think for themselves. For John Stuart Mill ‘the love of liberty’ was antagonistic to ‘the sway of Custom’. Tradition and custom are represented by liberals in much the way Machiavelli represented fortuna, as forces which, unless repulsed by independent, free-thinking persons, would inevitably dominate whole societies and epochs. Mill held up China as the warning example. Custom had there become the court of ultimate appeal, the standard of justice, the argument which none could contemplate resisting. Custom had annihilated individuality and with it liberty, along with genuine history. The consequence was ‘stationariness’. Unless the modern pressure of opinion was resisted Europe would become another China. The chief interest of the history of mankind, Mill declared, was the contest between custom and the progressive principle. A free society is in liberal terms an open society.
1 See, for example, Essays on the Law of Nature, ed. von Leyden, W. (Oxford: Oxford University Press, 1954), p. 135.Google Scholar
2 On Liberty (Oxford: Blackwell, 1946), p. 63.Google Scholar
3 Bodin, J., The Six Bookes of a Commonweale, transl. Knolles, Richard, ed. McRae, K. D. (Cambridge, Mass.: Harvard University Press, 1962), Book I, Chap. X, p. 161.CrossRefGoogle Scholar
4 See Acton, H. B., ‘Tradition and Some Other Forms of Order’, Proceedings of the Aristotelian Society, N.S. LIII (1952–1953), pp. 1–28.Google Scholar
5 Oakeshott, Michael, Rationalism in Politics (London: Methuen, 1962), p. 31.Google Scholar
6 Oakeshott, Michael, ‘On Being Conservative’ in Rationalism in Politics, p. 186.Google Scholar
7 See also Shils, E., ‘Tradition and Liberty: Antinomy and Interdependence’, Ethics, LXVIII (1958), 153–65.CrossRefGoogle Scholar
8 SirHale, Matthew, The History of the Common Law of England, 4th edn (London: 1779), p. 60.Google Scholar
9 SirHale, Matthew, Reflections on Mr Hobbes His Dialogue of the LaweGoogle Scholar, reprinted in Holdsworth, W. S., A History of English Law (London: Methuen, 1952), Vol. V, p. 504.Google Scholar
10 Burke, E., Works (London, 1818), Vol. X, p. 549–66.Google Scholar
11 Burke, , Works, p. 555.Google Scholar
12 Burke, , Works, Vol. X, pp. 96–7.Google Scholar
13 Chesterton, G. K., ‘The Ethics of Elfland’ in Orthodoxy (London: Bodley Head, 1909), p. 83.Google Scholar A proposition that may pose certain problems for our colleagues at Michigan or Essex, although Chesterton provides some guidance by pointing out that ‘most tombstones, like most ballot papers, are marked with a cross’.
14 Oakeshott, M., ‘On the Understanding of Human Conduct’, in On Human Conduct (Oxford: Oxford University Press, 1975), p. 58.Google Scholar
15 See Oakeshott, , On Human Conduct, p. 100 and passim.Google Scholar
16 ‘Political Education’ in Rationalism in Politics, p. 135.Google Scholar
17 Devlin, Patrick, The Enforcement of Morals (Oxford: Oxford University Press, 1965)Google Scholar: citing from paperback edition, 1968. The lecture, originally given in 1958 and entitled The Enforcement of Morals is reprinted as Chapter 1 and entitled ‘Morals and the Criminal Law’.
18 Devlin, , The Enforcement of Morals, p. 9.Google Scholar
19 Devlin, , The Enforcement of Morals, p. 18.Google Scholar
20 Devlin, , ‘Democracy and Morality’Google Scholar, in The Enforcement of Morals, p. 89.Google Scholar
21 Eliot, T. S., Notes Towards the Definition of Culture (London: Faber, 1972), p. 31.Google Scholar Compare John Betjeman's In Westminster Abbey: ‘Think of what our Nation stands for,/Books from Boots' and country lanes,/Free speech, free passes, class distinction,/Democracy and proper drains.’
22 Möser, Justus, Sämtliche Werke, ed. Abeken, (Berlin: 1842–1843)Google Scholar in ten parts, cited by part and page – Werke, II, p. 20.Google Scholar
23 Möser, , Werke, II, p. 20.Google Scholar
24 Möser, , Werke, IX, p. 166Google Scholar in a comment on Kant's essay on theory and practice.
25 Möser, , Werke, II, pp. 23–4.Google Scholar
26 Möser, , Werke, II, p. 26.Google Scholar
27 Möser, , Werke, VII, pp. 67–71.Google Scholar
28 ‘On the rights of man in so far as they can serve as the basis of a state’, Möser, , Werke, V, pp. 196–201.Google Scholar
29 Rousseau, J-J., Social Contract (London: Everyman), Book III, Chap. XV, p. 240.Google Scholar
30 Rousseau, , Social Contract, Book I, Chap. VIII, p. 178.Google Scholar
31 Rousseau, , Social Contract, Book IV, Chap. II, p. 250.Google Scholar
32 One thinks of the Ayatollah Khomeini as a possible modern instance of the Rousseauean legislator and the referendum as the popular act of incorporation into an Islamic republic. One hesitates when one compares Khomeini's continuing political manipulations with Rousseau's expectations that ‘This office, which sets up the Republic, nowhere enters into its constitution.’ (Social Contract, Book II, Chap. VII, p. 195). Rousseau's own examples, however, reveal some uncertainty. The politician-legislators Moses and Calvin appear alongside Solon and Lycurgus, who, traditionally, were more akin to the personal embodiment of Plato's laws that Rousseau had in mind.
33 Rousseau, J-J., Discourses on the Origin of Inequality (London: Everyman, 1973), p. 89.Google Scholar
34 Rousseau, , Social Contract, Book II, Chap. VII, p. 194.Google Scholar
35 Letter to M. d'Alembert on the Theatre, in Rousseau, J-J., Politics and the Arts, transl. Bloom, Allan (Ithaca: Cornell University Press, 1973), p. 113.Google Scholar
36 Rousseau, , Letter to M. d'Alembert, p. 26.Google Scholar One is reminded of the attacks on commercial television in Britain in the 1950s as an opiate of the people which would destroy traditional values by the commercial spirit. A still closer analogy is with the concern about the beaming of television programmes by satellite across national boundaries with its possible deleterious effects on the distinctive national cultures of the receiving countries.
37 Rousseau, , Letter to M. d'Alembert, p. 57.Google Scholar
38 See Rousseau's moving description of the dance in the square following upon the regimental military exercises (Letter to M. d'Alembert, pp. 135–6).Google Scholar
39 Barry, Brian, ‘The Public Interest’, Proceedings of the Aristotelian Society, Supplementary Vol. XXXVIII (1964), 1–18.Google Scholar
40 Rousseau, , Letter to M. d'Alembert, p. 79.Google Scholar
41 Rousseau is, of course, commonly regarded as the prime instance of a positive libertarian. Burke, however, regards the distinction between positive and negative liberty as a philosophical irrelevance in the practical world of politics (Burke, , Letter to the Sheriffs of Bristol on the Affairs of America, Works, Vol. III, p. 184).Google Scholar
42 Williams, R., Keywords (London: Fontana, 1976), pp. 66 and 269.Google Scholar
43 On the contested character of the concept of community, see Plant, Raymond, ‘Community: Concept, Conception and Ideology’, Politics and Socieiy, VIII (1978), 79–107.CrossRefGoogle Scholar
44 See the discussion of political integration in Payne, A., The Politics of the Caribbean Community, 1961–79 (Manchester: Manchester University Press, 1980).Google Scholar Also the sharp change in attitudes to independence for Malta described by Austin, Dennis, Malta and the End of Empire (London: Cass, 1971), Part III.Google Scholar
45 See Parry, G., John Locke (London: Allen and Unwin, 1978), pp. 104–8Google Scholar, for further discussion.
46 Simmons, A. John, Moral Principles and Political Obligations (Princeton, N.J.: Princeton University Press, 1979), pp. 29–38.Google Scholar
47 Devlin, , The Enforcement of Morals, p. 10.Google Scholar
48 Sidgwick, H., Elements of Politics (London: Macmillan, 1891), pp. 295–6.Google Scholar
49 Ackermann, Bruce A., Social Justice in the Liberal State (New Haven, Conn.: Yale University Press, 1980), pp. 88–95.Google Scholar
50 See Plamenatz, John, ‘On Preserving the British Way of Life’ in Parekh, B., ed., Colour, Culture and Consciousness (London, Allen and Unwin, 1974), pp. 195–201Google Scholar for a clear statement of this case.
51 See Dahl, Robert A. and Tufte, Edward R., Size and Democracy (Stanford, Calif.: Stanford University Press, 1974).Google Scholar
52 Dunn, J., Western Political Theory in the Face of the Future (Cambridge: Cambridge University Press, 1979), p. 69.Google Scholar
53 See some interesting suggestions in Mansbridge, Jane J., Beyond Adversary Democracy (New York: Basic Books, 1980).Google Scholar