the man versus the state-第14节
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ose function it is to equalize the supply of a commodity by checking unduly rapid consumption。 Of kindred nature was the measure which； in 1315； to diminish the pressure of famine； prescribed the prices of foods； but which was hastily repealed after it had caused entire disappearance of various foods from the markets； and also such measures； more continuously operating； as those which settled by magisterial order 〃the reasonable gains〃 of victuallers。（9*） Of like spirit and followed by allied mischiefs have been the many endeavours to fix wages； which began with the Statute of Labourers under Edward III； and ceased only sixty years ago； when； having long galvanized in Spitalfields a decaying industry； and fostered there a miserable population； Lords and Commons finally gave up fixing silk…weavers' earnings by the decisions of magistrates。 Here I imagine an impatient interruption。 〃We know all that； the story is stale。 The mischiefs of interfering with trade have been dinned in our ears till we are weary； and no one needs to be taught the lesson afresh。〃 My first reply is that by the great majority the lesson was never properly learnt at all； and that many of those who did learn it have forgotten it。 For just the same pleas which of old were put in for these dictations； are again put in。 In the statute 35 of Edward III； which aimed to keep down the price of herrings （but was soon repealed because it raised the price）； it was complained that people 〃coming to the fair。。。 do bargain for herring； and every of them； by malice and envy； increase upon other； and； if one proffer forty shillings； another will proffer ten shillings more； and the third sixty shillings； and so every one surmounteth other in the bargain。〃（10*） And now the 〃higgling of the market；〃 here condemned and ascribed to 〃malice and envy；〃 is being again condemned。 The evils of competition have all along been the stock cry of the Socialists； and the council of the Democratic Federation denounces the carrying on of exchange under 〃the control of individual greed and profit。〃 My second reply is that interferences with the law of supply and demand； which a generation ago were admitted to be habitually mischievous； are now being daily made by Acts of Parliament in new fields； and that； as I shall presently show； they are in these fields increasing the evils to be cured and producing fresh ones； as of old they did in fields no longer intruded upon。 Returning from this parenthesis； I go on to explain that the above Acts are named to remind the reader that uninstructed legislators have in past times continually increased human suffering in their endeavours to mitigate it； and I have now to add that if these evils； shown to be legislatively intensified or produced； be multiplied by ten or more； a conception will be formed of the aggregate evils caused by law…making unguided by social science。 In a paper read to the Statistical Society in May； 1873； Mr Janson； vice…president of the Law Society； stated that from the Statute of Merton （20 Henry III） to the end of 1872； there had been passed 18；110 public Acts； of which he estimated that four…fifths had been wholly or partially repealed。 He also stated that the number of public Acts repealed wholly or in part； or amended； during the three years 1870…71…72 had been 3；532； of which 2；759 had been totally repealed。 To see whether this rate of repeal has continued； I have referred to the annually…issued volumes of 〃The Public General Statutes〃 for the last three sessions。 Saying nothing of the numerous amended Acts； the result is that in the last three sessions there have been totally repealed； separately or in groups； 650 Acts； belonging to the present reign； besides many of preceding reigns。 This； of course； is greatly above the average rate； for there has of late been an active purgation of the statute…book。 But making every allowance； we must infer that within our own times； repeals have mounted some distance into the thousands。 Doubtless a number of them have been of laws that were obsolete； others have been demanded by changes of circumstances （though seeing how many of them are of quite recent Acts； this has not been a large cause）； others simply because they were inoperative； and others have been consequent on the consolidations of numerous Acts into single Acts。 But unquestionably in multitudinous cases； repeals came because the Acts had proved injurious。 We talk glibly of such changes we think of cancelled legislation with indifference。 We forget that before laws are abolished they have generally been inflicting evils more or less serious； some for a few years； some for tens of years； some for centuries。 Change your vague idea of a bad law into a definite idea of it as an agency operating on people's lives； and you see that it means so much of pain； so much of illness； so much of mortality。 A vicious form of legal procedure； for example； either enacted or tolerated； entails on suitors； costs； or delays； or defeats。 What do these imply？ Loss of money； often ill…spared； great and prolonged anxiety； frequently consequent illness； unhappiness of family and dependents； children stinted in food and clothing all of them miseries which bring after them multiplied remoter miseries。 Add to which there are the far more numerous cases of those who； lacking the means or the courage to enter on law…suits； and therefore submitting to frauds； are impoverished； and have similarly to bear the pains of body and mind which ensue。 Even to say that a law has been simply a hindrance； is to say that it has caused needless loss of time； extra trouble； and additional worry； and among over…burdened people extra trouble and worry imply； here and there； break…downs in health with their entailed direct and indirect sufferings。 Seeing； then； that bad legislation means injury to men's lives； judge what must be the total amount of mental distress； physical pain； and raised mortality； which these thousands of repealed Acts of Parliament represent！ Fully to bring home the truth that law…making unguided by adequate knowledge brings immense evils； let me take a special case which a question of the day recalls。
Already I have hinted that interferences with the connexion between supply and demand； given up in certain fields after immense mischiefs had been done during many centuries； are now taking place in other fields。 This connexion is supposed to hold only where it has been proved to hold by the evils of disregarding it： so feeble is men's belief in it。 There seems no suspicion that in cases where it seems to fail； natural causation has been traversed by artificial hindrances。 And yet in the case to which I now refer that of the supply of houses for the poor it needs but to ask what laws have been doing for a long time past； to see that the terrible evils complained of are mostly law…made。 A generation ago discussion was taking place concerning the inadequacy and badness of industrial dwellings； and I had occasion to deal with the question。 Here is a passage then written：
〃An architect and surveyor describes it ＇the Building Act＇ as having worked after the following manner。 In those districts of London consisting of inferior houses built in that unsubstantial fashion which the New Building Act was to mend； there obtains an average rent； sufficiently remunerative to landlords whose houses were run up economically before the New Building Act was passed。 This existing average rent fixes the rent that must be charged in these districts for new houses of the same accommodation that is the same number of rooms； for the people they are built for do not appreciate the extra safety of living within walls strengthened with hoop…iron bond。 Now it turns out upon trial； that houses built in accordance with the present regulations； and let at this established rate； bring in nothing like a reasonable return。 Builders have consequently confined themselves to erecting houses in better districts （where the possibility of a profitable competition with pre…existing houses shows that those pre…existing houses were tolerably substantial）； and have ceased to erect dwellings for the masses； except in the suburbs where no pressing sanitary evils exist。 Meanwhile； in the inferior districts above described； has resulted an increase of overcrowding half…a…dozen families in a house； a score of lodgers to a room。 Nay； more than this has resulted。 That state of miserable dilapidation into which these abodes of the poor are allowed to fall； is due to the absence of competition from new houses。 Landlords do not find their tenants tempted away by the offer of better accommodation。 Repairs； being unnecessary for securing the largest amount of profit； are not made。。。 In fact for a large percentage of the very horrors which our sanitary agitators are trying to cure by law； we have to thank previous agitators of the same school！〃 Social Statics； p。 384 （edition of 1851）
These were not the only law…made causes of such evils。 As shown in the following further passage； sundry others were recognized：
〃Writing before the repeal of the brick…duty； the Builder says： 'It is supposed that one…fourth of the cost of a dwelling which lets for 2s。 6d。 or 3s。 a
