favour of or in opposition to a similar measure in 1875. But today the weight of argument is thought by thousands of Englishmen to tell conclusively for the acceptance of the measure, whilst thirty, or twenty, or even ten years ago the weight of argument would have been thought to tell conclusively for its rejec tion. Opinion has been changed, not by argument, but by circumstances.
Fourth. The rapidity with which collectivist legislation now makes way excites astonishment. It need surprise no one who thinks it worth while to study, and accepts the conclusions arrived at in these lectures. The socialistic laws of to-day are not to be ascribed to any sudden change. They are forced on by a current of opinion which has been gathering force for at least forty years.
Acts: Roman Catholic Relief Act, 1829,
11 and note, 27, 29, 105, 203;
Ecclesiastical Titles Act, 1851, 12
note; Factory, 28, 29 note, 289;
Municipal Reform Act, 1836, 30,
118, 186; Poor Law Amendment
Act, 1834, 30; Municipal Corpora-
tions, 30, 283; Money-lenders Act,
1900, 33, 44, 45; Divorce Act of
1857, 43, 183, 189, 345, 384, 385;
Married Women's Property, 1870-
1893, 43, 385-396; Garotters Act,
1863, 44; Reform Act of 1832, 19,
29, 31, 38, 42, 48, 52, 160, 176,
184-186; Employers' Liability, 1897-
1900, 68; Felony Act, 1836, 88;
Evidence, 90 notes, 205; Judicature,
91, 207, 367; Combination, 95-102,
190-200, 266-272; Six, of 1819,
95, 102-103; Health and Morals
Act, 1802, 103, 108-110; Union
with Ireland Act, 1800, 103;
Marriage, 189, 203, 344-345; County
Court Act, 1846, Sir Thomas Snagge
on, 217 note; Ten Hours Act, 231-
239; Railway Companies, 245;
Joint Stock Companies, 1856-1862,
245, 248; Common Law Procedure,
248, 367; Metropolitan Commons
Act, 1866, 248; Landlord and
Tenant (Ireland) Act, 1870, 263;
Land Law (Ireland) Act, 1881, 263;
Arbitration, 272-274; Elementary
Education, 276-277; Workmen's
Compensation, 282 and note; Labour-
ing Classes' Lodging Houses Act,
1851, 285, 290; Housing of the
Working Classes, 1890-1900, 285,
290; Public Health, 290 and note;
Allotments, 291; Outdoor Relief
(Friendly Societies), 292 - 293;
Ecclesiastical Commissioners, 1836
and 1840, 336-341; Nonconformists
Chapels Act, 1844, 342 note; Oaths
Act, 1888, 342 note; Burial Laws
Amendment Act, 1880, 346; Tithe,
1836-1891, 350; Compulsory Church
Rate Abolition Act, 1868, 350;
Clerical Subscription Act, 1865, 353;
Clerical Disabilities Act, 1870, 353,
354 note; Irish Church Act, 1869,
354-355; Gaming Act, 1845, 367
Advantages, equalisation of, 274-287
Agnosticism, 437
Aliens Immigration Bill, 1904, 297
Althorp, Lord, 106 note
Alton Locke, Charles Kingsley's, 243
American Declaration of Independence,
144, 308
Ancient Law, Maine's, quoted on
Bentham, 167 note; respect for
Bentham traced in, 412
Animals, humanitarianism and laws
for the prevention of cruelty to, 188
Apotheosis of instinct, 446-455
Arbitration Acts, modern, 272-274
Arnold, Dr., Miscellaneous Works
quoted, 76, 215; Lectures on Modern
History referred to, 78; and Church
Establishment, 315, 319 note, 323 and
note, 405; Life quoted, 404 note
Arnold, Matthew, 439
Articles, Thirty-nine, 353, 435
Association, right of, 95-102, 190-200,
266-272, Appendix, Note I., 465-
475
Austin, John, 164; Mill's Autobio-
graphy quoted on, 162; attitude of,
towards democracy, 252 note; Juris-
prudence referred to, 411 and note;
writing in the Edinburgh Review,
442 note, 444 note
Bain's James Mill, 321
Bankruptcy law, Lord Bowen on the
state of, in 1837, 122
Bannerman, Sir H. Campbell, 293 note
Battel, appeal of murder and trial by,
93 and note
Beliefs, disintegration of, 436-446
Benefit of clergy, 93, 94
Bennet case, 352
Bentham, Rationale of Judicial Juris-
prudence referred to, 28,
Defence of Usury by, 33; influence
of the teaching of, on law reform,
125; Panopticon created by, 129;
guide of life of, 131; ends achieved
by, as a law reformer, 133; and the
American Declaration of Independ-
ence, 144; and the French Declara-
tion of Rights, 144 note; "Truth
against Ashurst" quoted, 147;
conclusion of, that the best form of
government is a democracy, 158;
influence of, on the method of law
reform, 164; Maine's Ancient Law
quoted on, 167 note; dissection of
the "
Declaration of the Rights of
Man and the Citizen," 171; and the
adequate protection of rights, 204;
wish of, to amend legal procedure,
205 and note; Fragment on Govern-
ment referred to, 302; J. S. Mill on,
403; Emancipate your Colonies re-
ferred to, 448; Works quoted, 456
Benthamism, period of (1825-1870), 63,
125209; relation between, and
democracy, 157; acceptance of, 167-
183; Dr. Johnson and Paley and
the fundamental dogma of, 172;
strength of, 175; extent of the
acceptance of, 176; not the monopoly
of Liberals, 179; a middle-class
creed, 186; and humanitarianism,
187; debt of collectivism to, 302-
309
Benthamite legislation, principles of
reform, 133; and the principle of
utility, 135; and laissez faire, 43,
145; and extension of the sphere of
contract, 149; trend and tendency
of, 183-209; objects attained by,
184; and transference of political
power, 184; and humanitarianism,
187; and extension of individual
liberty, 189; and the adequate pro-
tection of rights, 204
Bill of Rights, 82
Bills of 1904, tendency of, 294-298
Bishops, unpopularity of the, in 1832,
313, 323; property of the, 339
Black Book, 86, 87
Blackstone, 62, 65, 67, 70, 123;
Commentaries quoted, 71, 369, 373
Boroughs, corrupt, disfranchisement of,
38, 42, 48
Bowen, Lord, on the bankruptcy law,
1837, 122; on law administration,
207
Bowring, Sir John, 164
Bradlaugh, Charles, 435
Bramwell, Lord, 199, 272
Bright, 24; and household suffrage,
182; on the factory movement,
British India, legislation in, 5
Brougham, on Bentham, 125; on the
English middle classes, 184, 185;
introduction of an Education Bill by,
275 note; and Wolfe's capture of
Quebec, 450
Bryce, Mr., 448 note
Buckle, Henry Thomas, 182
Burial law, Dissenters and the, in
1832, 346
Burke, Edmund, and Catholic emancipa-
tion, 27; on the conservatism of
English thinkers, 72
Burns, Robert, 113
Cabinet, functions of the, 85
Canada, Dominion of, Brougham and
the retaining of, 450
Carlyle, on "Chartism," 215; Latter
Day Pamphlets referred to, 243;
and John Mill, 421; and constitu-
tional government, 439
Catholic emancipation, 11; Burke and,
27
Chartism, 181, 239-242
Chatham, Earl of, 85
Children, humanitarianism and the
various enactments for the protection
of, 187
Church, authority of the, before the
Reformation, 20; influence of the
Established, in 1904 compared with
1830, 58; position of the Established,
in 1825, 118; the United, of England
and Ireland, 312, 354. See Estab-
lishment, Church
Church reform, James Mill's scheme of,
320-322; two forms taken by the
demand for, 334
"Clapham sect," 330
Clarkson, Thomas, 108
Clergy, benefit of, 93, 94
Cobbett, William, 113
Cobden, 24, 25 note; on infant labour,
220; and constitutional government,
439; Political Writings quoted,
Code Napoléon, 7, 102 note
Coke, Sir Edward, 82
Coleridge, 114; and the factory children.
223 note; John Mill and, 424
Collectivism, growth of, 210-257:
period of (1865-1900), 258-301;
principles of, 258-287; debt of, to
Benthamism, 302-309
Collectivist legislation, trend of, 287-
301; proposed, of 1905, Appendix,
Note V., 493-494
Colonies, recent legislation of English
self-governing, 298; change in the
spirit of our colonial policy, 452
Combination law, of 1800, 95-102; of
1824-25, 190-200, 344-345; of 1875,
266-272; comparison between, in
France and England, Appendix,
Note I., 466-475
Commerce, characteristics of modern,
244-247
Comte, Auguste, 416
Comtism, growth of, in England, 243
Conciliation Acts, object of the modern,
273
Conflict of Laurs, Story's, referred to,
363
English, democratic
tendency of, 48; speculations of
Paley concerning, 49; absence of
change in, 84
Constitutional government, 438-440
Contract, sphere of: individualism and,
149; collectivism and, 263
Corn laws, suspension of, 25, 183, 242
note; O'Connell and, 178
Corporations, English municipal, 117,
283
Cottage homes, provision of, 294, 295
Counsel, right to defence by, 88
Courts, and compulsory arbitration,
274 and note; and Acts of Parlia-
ment, 360; law-making function of,
361; influence of law writers on,
363
Cowper, William, 107 note
Creevy Papers referred to, 159 note
Criminal law, mitigation of our, 29
Crown, arbitrary prerogative of the,
174
Daily News, Dickens and the, 417
Dale, Dr., on the Evangelical move-
ment, 399 note
Dalton, John, 113
Darwin, 22 note, 129 note, 455 note
Davy, Sir Humphry, 114
Declaration of the Rights of Man, 308
Democracy, and legislation, 44-61;
advance of, the clue to the develop-
ment of English law, 48; Tocque
ville's use of the term, 50; meaning
of term with reference to the advance
of, 52; influence of, on certain laws,
55; progress of, identified with the
acceptance of free trade in 1846,
56; English, contrasted with French,
59; relation between, and Bentham-
ism, 157; under the modified form
of household suffrage, 250; demo-
cratic movement of 1866-84 con-
trasted with the Chartist movement
of 1838-48, 252
Denman, Lord, 98 note, 361
Dicey, A. V., Law of the Constitution,
84 note
Dickens, Charles, political creed of,
416-420; Maine on, 417; as first
editor of the Daily News, 417;
Hard Times, 417-420; Little Dorrit,
420 note
Discussion, freedom of legislation
and, 203; laissez faire and, 423;
increase of, in England, during the
nineteenth century, 430-436; Acts
relating to, 203
Disestablishment, doctrines of Bentham
and, 312; demand for, in 1834,
323; Irish Church Act of 1869 and,
354
Disraeli, Benjamin, 232, 242, 251, 450
Divorce Act of 1857, 43, 183, 189,
345, 384, 385
"Doctrine of common employment,"
280
Ecclesiastical Commission, 338 and
note, Appendix, Note II., 475-477
Ecclesiastical legislation, actual course
of, 333; system of compromise in,
356-358
Edgeworth, Miss, 114
Education, parliamentary grants for,
46 and note, 278 note; the State
and elementary, 275; establishment
of free, 277
Eldon, Lord, 63, 83, 85, 361
Elizabeth, Queen, 35
Elliot, The State and the Church
quoted, 334, 338 note
Emancipation of women, John Mill
and, 384
Employers' liability, 68, 279-283
England, characteristics of law-making
opinion in, 17-47; changes in the
social condition of, 1800-1830, in
relation to legislative activity, 111;
incongruity between the social con-
dition and the legal institutions of,
1800-1830, 115
English Constitution, democratic tend-
ency of, 48; Paley's speculations
concerning, 49
English self-governing colonies, recent
legislation of, 298
Erle, Sir William, 96 note, 199
Essays, Hume's, quoted, 1, 13
Establishment, Church, two special
weaknesses of, in 1832, 313; privi-
leges of, as grievances, 314; Macaulay
and, 314, 318; Dr. Arnold and,
315; Sydney Smith and, 317; Lord
Melbourne and, 319 note; unpopu-
larity of, in 1832, 323; legislation
and the financial position of, 337;
reform of, 340, 341; attempts to
widen the foundations of, 351
Evangelical movement, 341; Dr. Dale
on, 399 note
Evangelicalism and Benthamism, rela-
tion between, 397-407
Executive, the, and compulsory arbitra-
tion, 274 and note
Exhibition of 1851, 181
Factory legislation, 28, 29 and note,
108-110
Factory movement, Tory philanthropy
and, 219-239; Peel's attitude to,
233 note; Gladstone and, 234 note;
Bright and, 235; growth of socialism
fostered by, 237
Fawcett, H., 254, 292
Felony Act of 1836, 88
Foreigners, settlement of, in England,
297
Fox, Charles James, 99, 101, 106, 123
France, effect of the want of a legisla-
tive organ in, 6; National Assembly
of 1789, 8; democracy of, contrasted
with English, 59; the home of legis-
lative conservatism, 60; privileges
of the nobles of, under the Ancien
Régime, 143; Bentham and the
publication of the Declaration of
Rights in, 144 note; combination
law in, Appendix, Note I., 466-475
Frederick the Great, 5, 51, 439
Free trade, legislation of 1846, 13;
English manufacturers and, 15;
doctrine of, a dogma of economic
policy in England, 23; principle of,
the doctrine of Adam Smith, 24;
protection and, 23-25; progress of
democracy identified with the accept-
ance of, in 1846, 56; statesmen and,
150; O'Connell and, 178; the Ex-
hibition of 1851 and, 181; in labour,
191, 269
French Revolution, the, 5, 83; evil
effects of, in England, 123; delusion
fostered by the traditions of, 241
Froude, Hurrell, 405 note
Fry, Elizabeth, 108
Habeas Corpus Acts, 189
Hall, Robert, 402 note
Halsbury, Lord, 85
Hard Times, Charles Dickens', 417-
420; Ruskin on, 418
Hazlitt, William, 114
Hélvetius quoted, 458 note
Herschell, Sir John, 114
High Church doctrine, the increased
authority of, in the Church of
England, 437
High Church movement, 328, 329, 330,
341, 404, 405, 406
History of Factory Legislation, Hut-
chins and Harrison's, 29 note
House of Commons, Paley's view of
the unreformed, 73; changes in the
constitution of the, 252
Household suffrage, Bright and, 182;
introduction of, 1868-1884, 247-
257; effect of, on legislative opinion,
250
Housing of Working Classes Acts 285,
290
Humanitarianism legislation, 106 and
note, 187-188
Hume, David, Essays quoted, 1, 13
Hume, Joseph, 168; and the com-
bination law, 194; economic radi-
calism of, 409 and note
Huskisson, William, 196
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