The Dominion. THURSDAY, NOVEMBER 18, 1909. THE MANIA FOR LEGISLATION.

Dominion, Volume 3, Issue 667, 18 November 1909, Page 6

The Dominion. THURSDAY, NOVEMBER 18, 1909. THE MANIA FOR LEGISLATION.

The observation of Sir Chaeles Lucas, cabled to us to-day, .that "science Has. done more than laws to promote democracies," recalls a valuable speech delivered by Lord Rosebeey : at the'annua) meeting of tho Society of Comparative Legislation'.on June 30,' 1908, and recently reprinted:, as. the prefaoe : to a : volume issued by the Society., The modern mania for. legislation is not a new subject for ' comment,, but it is a/.subject :w.hich. is never /'untimely,. especially . in New ~'Zea-', lahdj;'in which, fat" statute-books have been regarded as marks of progress. It, is in' the nature of things that it. is the 'Radical [ and Socialist elements : that regard "Acts of Parliament" as the only, and the necessary means of social and national betterment. :All over the world there is a 'tendoncy in Governments, if hot to believe that Society can be propped up only by passing laws,.yet at any. rate 'to that the annual; output: of. statutes..imust be maintained arid/accelerated. That; the i fewer laws .passed the 'better is a truth .which most people will admit; only the wise strive to put this, doctrine .into practice.- Lord .Rosebbe'y, in the : speech referred Jo, noted that in the British Empire there are 60 Legis-latures,-while America ihas. 50. . All of these, and the Legislatures of Europe, Asia and South America are turning out laws with feverish energy. In 1906.there were 2000, laws passed in tho British' Empire alone, 99 per. cent, of which, as Lord Rosebery pointed out, were .." curtailments or infringements of the liberty of the subject." If 'all this.mass of legislation ! had been passed only after long consideration by men able and anxious to found their views" on. the teachings- of > history,: and the lessons of the past century's legislation in particular, all would be well. /Unfortunately the case is otherwise;. This is a particularly | good time at which to quote the following passage ; from; Lord' Rosebery's speech: .. '-. ! .' { ''.''■'.■' ,/ . ■'' ] '■''."■' A Ministry now, .to whatever party:it may belong, reckons its Acts of Parliament at-tho end of a Session as sportsmen reckon' their bag..-'■..•■- i . These laws ore passed-in the main without any. adequate discussion,■because it is impossible to give adequate '-Ais-. cussion to so many laws lis are passed : by .our Legislature—and, indeed, so far from haVing discussion facilitated upon them, every means is employed, legitimate or illegitimate according to the point of -new from.which youSregard them, to restrict, and suffocate discussion of aU theM ; legislative proceedings.' /■ The peculiar danger of the mania for legislation—and for hurried legislation,' let it be remembered—is in the character of the ■ bulk of modern laws. We have frequently shown in these columns that Liberalism, which' in its- origin was simply the spirit of scientific humanity, aimed at, and throve.by, freeing individ-' uals from the fetters upon their civil and religious liberty. To-day; the socalled . : ;" Liberal" reverses the process. We. may quote Lord Rosebbry again on this point: . ',".- In former days . ..'-., we were living under what I may call the era of emancipation.; The object was to strike off restriction. We were freeing the. Jews, we were freeing the, Roman Catholics, wo were freeing the municipalities, we wore freeing the universities. Everywhere our task was' one of enlarging the • boundaries of freedom. . . . The moro important portion of tho laws that are passed now are laws of construction, laws aimed at moulding human society in a particular arid beneficent direction,, and I think if one school ha 3 its way it would aim still more at constructing a new society on the ruins of tho old, .. . , Increasingly the Legislatures will .endeavour 1 to raise • and fortify new structures of : society ■' somewhat empirically by ; moans of:-,legislar tion.. •-,•.-.. ':■'■;'. ' It is late in the day to hope for much practical success for tho sound doctrine that " that State, is most fortunate';that: achieves its. own' development. by.'the. character of its own citizens! as little as possible guided arid supported by legislation." But the wiser people will strive' unceasingly to make the best of the,situa : tipri.,;by doing what they'can to securo, that;as much thought and discussion -: as possible shall. be;'; interposed between: the ..book;, ■ ■ The

by passing an Act you can. change .human nature, repress irrepressiblo forces, and call- into being new virtues. "The result is, to use. a figure,wo. have.used before, that tho .Radical law-maker, in successfully binding; a limb of,tho national; body,, sets up a general mortificaor',,, weakness.-V." .;:-.^V'-;''':-' : - '--i-i.