Tag Archives: YSOL

Quote Book – [25] – Judiciary, Law, Individual Freedom and Civilisation

Communal life becomes possible only when a majority comes together that is stronger than any individual presents a untied front against every individual. The power of the community then pits itself, in the name of ‘right’, against the power of the individual, which it condemned as ‘brute force’. The replacement of the power of the individual by that of the community is the decisive step toward civilisation.

Its essence lies in the fact that the member of the community restrict themselves in the scope for satisfaction; whereas the individual knew no such restriction.

Hence, the next requirement of civilisation is justice, that us the assurance that the legal order, once established, shall not be violated again in favour of the individual. This entails no judgement regarding the ethical value of such a system of law. The subsequent development of civilisation seems to aim at a situation in which the law should no longer express the will of a small community – a caste, a social stratum or a tribe – that in its turn relates like a violent individual to other groups, which may be more comprehensive. The ultimate outcome should be a system of law to which all – or at least all those who qualify as members of the community – have contributed by partly forgoing the satisfaction of their drives, and which allows no one – again subject to the same qualification to become a victim of brute force.
Individual liberty is not an asset of civilisation. It was greatest before there was any civilisation, though admittedly even then it was largely worthless, because the individual was hardly in a position to defend it. With the development of civilisation it underwent restrictions, and justice requires than no one shall be spared these restrictions.