117. In order to true analysis of critic law, we must understand the real meaning of the word "injury."
We commonly understand by it, any kind of harm done by one man to another; but we do not define the idea of harm: sometimes we limit it to the harm which the sufferer is conscious of; whereas much the worst injuries are those he is unconscious of; and, at other times, we limit the idea to violence, or restraint; whereas much the worse forms of injury are to be accomplished by indolence, and the withdrawal of restraint.
118. "Injury" is then simply the refusal, or violation of, any man's right or claim upon his fellows: which claim, much talked of in modern times, under the term "right," is mainly resolvable into two branches: a man's claim not to be hindered from doing what he should; and his claim to be hindered from doing what he should not; these two forms of hindrance being intensified by reward, help, and fortune, or Fors, on one side, and by punishment, impediment, and even final arrest, or Mors, on the other.
119. Now, in order to a man's obtaining these two rights, it is clearly needful that the worth of him should be approximately known; as well as the want of worth, which has, unhappily, been usually the principal subject of study for critic law, careful hitherto only to mark degrees of de-merit, instead of merit;—assigning, indeed, to the Deficiencies (not always, alas! even to these) just estimate, fine, or penalty; but to the Efficiencies, on the other side, which are by much the more interesting, as well as the only profitable part of its subject, assigning neither estimate nor aid.
120. Now, it is in this higher and perfect function of critic law, enabling instead of disabling, that it becomes truly Kingly, instead of Draconic: (what Providence gave the great, wrathful legislator his name?): that is, it becomes the law of man and of life, instead of the law of the worm and of death—both of these laws being set in changeless poise one against another, and the enforcement of both being the eternal function of the lawgiver, and true claim of every living soul: such claim being indeed strong to be mercifully hindered, and even, if need be, abolished, when longer existence means only deeper destruction, but stronger still to be mercifully helped, and recreated, when longer existence and new creation mean nobler life. So that reward and punishment will be found to resolve themselves mainly61 into help and hindrance; and these again will issue naturally from time recognition of deserving, and the just reverence and just wrath which follow instinctively on such recognition.
121. I say, "follow," but, in reality, they are part of the recognition. Reverence is as instinctive as anger;—both of them instant on true vision: it is sight and understanding that we have to teach, and these are reverence. Make a man perceive worth, and in its reflection he sees his own relative unworth, and worships thereupon inevitably, not with stiff courtesy, but rejoicingly, passionately, and, best of all, restfully: for the inner capacity of awe and love is infinite in man, and only in finding these, can we find peace. And the common insolences and petulances of the people, and their talk of equality, are not irreverence in them in the least, but mere blindness, stupefaction, and fog in the brains,62 the first sign of any cleansing away of which is, that they gain some power of discerning, and some patience in submitting to, their true counsellors and governors. In the mode of such discernment consists the real "constitution" of the state, more than in the titles or offices of the discerned person; for it is no matter, save in degree of mischief, to what office a man is appointed, if he cannot fulfil it.
122. III. Government by Council.
This is the determination, by living authority, of the national conduct to be observed under existing circumstances; and the modification or enlargement, abrogation or enforcement, of the code of national law according to present needs or purposes. This government is necessarily always by council, for though the authority of it may be vested in one person, that person cannot form any opinion on a matter of public interest but by (voluntarily or involuntarily) submitting himself to the influence of others.
This government is always twofold—visible and invisible.
The visible government is that which nominally carries on the national business; determines its foreign relations, raises taxes, levies soldiers, orders war or peace, and otherwise becomes the arbiter of the national fortune. The invisible government is that exercised by all energetic and intelligent men, each in his sphere, regulating the inner will and secret ways of the people, essentially forming its character, and preparing its fate.
Visible governments are the toys of some nations, the diseases of others, the harness of some, the burdens of more the necessity of all. Sometimes their career is quite distinct from that of the people, and to write it, as the national history, is as if one should number the accidents which befall a man's weapons and wardrobe, and call the list his biography. Nevertheless, a truly noble and wise nation necessarily has a noble and wise visible government, for its wisdom issues in that conclusively.
123. Visible governments are, in their agencies, capable of three pure forms, and of no more than three.
They are either monarchies, where the authority is vested in one person; oligarchies, when it is vested in a minority; or democracies, when vested in a majority.
But these three forms are not only, in practice, variously limited and combined, but capable of infinite difference in character and use, receiving specific names according to their variations; which names, being nowise agreed upon, nor consistently used, either in thought or writing, no man can at present tell, in speaking of any kind of government, whether he is understood; nor, in hearing, whether he understands. Thus we usually call a just government by one person a monarchy, and an unjust or cruel one, a tyranny: this might be reasonable if it had reference to the divinity of true government; but to limit the term "oligarchy" to government by a few rich people, and to call government by a few wise or noble people "aristocracy," is evidently absurd, unless it were proved that rich people never could be wise, or noble people rich; and farther absurd, because there are other distinctions in character, as well as riches or wisdom (greater purity of race, or strength of purpose, for instance), which may give the power of government to the few. So that if we had to give names to every group or kind of minority, we should have verbiage enough. But there is only one right name—"oligarchy."
124. So also the terms "republic" and "democracy"63 are confused, especially in modern use; and both of them are liable to every sort of misconception. A republic means, properly, a polity in which the state, with its all, is at every man's service, and every man, with his all, at the state's service—(people are apt to lose sight of the last condition), but its government may nevertheless be oligarchic (consular, or decemviral, for instance), or monarchic (dictatorial). But a democracy means a state in which the government rests directly with the majority of the citizens. And both these conditions have been judged only by such accidents and aspects of them as each of us has had experience of; and sometimes both have been confused with anarchy, as it is the fashion at present to talk of the "failure of republican institutions in America," when there has never yet been in America any such thing as an institution, but only defiance of institution; neither any such thing as a res-publica, but only a multitudinous res-privata; every man for himself. It is not republicanism which fails now in America; it is your model science of political economy, brought to its perfect practice. There you may see competition, and the "law of demand and supply" (especially in paper), in beautiful and unhindered operation.64 Lust of wealth, and trust in it; vulgar faith in magnitude and multitude, instead of nobleness; besides that faith natural to backwoodsmen—"lucum ligna,"65—perpetual self-contemplation, issuing in passionate vanity; total ignorance of the finer and higher arts, and of all that they teach and bestow; and the discontent of energetic minds unoccupied, frantic with hope of uncomprehended change, and progress they know not whither;66—these are the things that have "failed" in America; and yet not altogether failed—it is not collapse, but collision; the greatest railroad accident