ethics, the corollary here drawn from the formula of justice is unqualified, in a system of relative ethics it has to be qualified by the necessities of social self-preservation. Already we have seen that the primary law that each individual shall receive and suffer the benefits and evils of his own nature, following from conduct carried on with due regard to socially-imposed limits, must, where the group is endangered by external enemies, be modified by the secondary law, which requires that there shall be such sacrifice of individuals as is required to preserve, for the aggregate of individuals, the ability thus to act and to receive the results of actions. Hence, for purposes of defensive war, there is justified such contingent loss of physical integrity as effectual defence of the society requires supposing, always, that effectual defence is possible. For it would seem to be an implication that where the invading force is overwhelming, such sacrifice of individuals is not justified.

We see here, indeed, as we shall see throughout all subsequent chapters, that the requirements of absolute ethics can be wholly conformed to only in a state of permanent peace; and that so long as the world continues to be occupied by peoples given to political burglary, the requirements of relative ethics only, can be fulfilled.

CHAPTER X.

THE RIGHTS TO FREE MOTION AND LOCOMOTION.

§ 44. As direct deductions from the formula of justice, the right of each man to the use of unshackled limbs, and the right to move from place to place without hindrance, are almost too obvious to need specifying. Indeed these rights, more perhaps than any others, are immediately recognized in thought as corollaries. Clearly, one who binds another's limbs, chains him to a post, or confines him in a dungeon, has used greater liberty of action than his captive; and no less clear is it that if, by threatened punishment or otherwise, he debars him from changing his locality, he commits a kindred breach of the law of equal freedom.

Further, it is manifest that if, in either of these ways, a man's liberty of action is destroyed or diminished, not by some one other man but by a number of other men acting jointly-if each member of a lower class thus has his powers of motion and locomotion partially cut off by the regulations which a higher class has established, each member of that higher class has transgressed the ultimate principle of equity in like manner if in a smaller degree.

45. We have already seen that the instinct prompting flight, as well as the desire to escape when captured, show us in sub-human beings, as well as in human beings,

the presence of that impulse which finally emerges as a conscious claim to free motion and locomotion. But while this positive element in the sentiment corresponding to the right, deep-rooted as it is, early manifests itself, the negative element in it, corresponding to the imposed limits, has to await the discipline of sociality before it can reach any considerable development.

We have instances showing that where governmental control does not exist, or is very feeble, the tacit claim to unhindered movement is strongly pronounced; whether the nature be of a savage kind or of a gentle kind. Of the one class may be named the Abors, who are so selfasserting that they cannot live together, and the Nagas to whom the notion of restraint is so foreign that they ridicule the idea of a ruler. Of the other class I may instance the before-named Lepchas, who, mild as they are, fly to the woods and live on roots rather than submit to coercion ; and the Jakuns, who are greatly valued as servants because of their virtues, but who disappear at once if authority is injudiciously exercised over them. Having in common a strong sense of personal liberty, these types of men differ in the respect that while, in the warlike type, this sense is egoistic only, it is, in the peaceful type, altruistic also is joined with respect for the personal liberties of others.

Out of primitive unorganized groups, or groups of which the organization is very slight, the progress to large and organized groups is effected by war. While this implies little regard for life, it also implies little regard for liberty; and hence, in the course of the process by which nations. are formed, recognition of the claim to liberty, as well as of that to life, is subordinated: the sentiment is continually repressed and the idea is rendered vague. Only after social consolidation has made great progress, and social organization has become in large measure industrial-only when militancy has ceased to be constant and the militant

type of structure has relaxed, do the sentiment and the idea become more marked.

Here we have to glance at some of the steps through which the claim to freedom of motion and locomotion is gradually established, ethically and legally.

§ 46. It has been remarked with truth that the rise of slavery was practically a limitation of cannibalism, and in so far a progress. When the prisoner of war was allowed to live and work instead of being cooked and eaten, the fundamental principle of equity was no longer absolutely negatived in his person; for the continuance of his life, even under the imposed conditions, made possible some maintenance of the relation between conduct and consequence. Where the enslaved prisoners and their descendants, fed and sheltered to the extent required for making use of them as working cattle, are also liable at any time to be made into food, as until lately among the Fijians, this mitigation of cannibalism is relatively small; but where, as among many of the uncivilized, the slave is treated in large measure as a member of the family, the restraints on his freedom are practically not much greater than those to which the children are subject.

To specify the different forms and qualifications of bondage which have existed among various peoples at different times and under changing social conditions, would be needless for our purpose here, even were it practicable. Such facts only must be named as indicate how the conception of individual liberty grew up, alike in law and in ethics. We may note that among the Hebrews, while persons of foreign blood might be bought and, with their children, inherited as possessions, those of Hebrew blood who sold themselves, either to men of their own race or to strangers sojourning among them, were subject to a slavery qualified alike in respect of length and rigour: the reason given being that, as servants of God, they could not be permanently

alienated. But there was neither recognition of any wrong inflicted by enslavement, nor of any correlative right to freedom. This lack of the sentiments and ideas which, in modern times, have become so pronounced, continued to the time when Christianity arose, and was not changed by Christianity. Neither Christ nor his apostles denounced slavery; and when, in reference to freedom, there was given the advice to "use it rather" than slavery, there was manifestly implied no thought of any inherent claim of each individual to unhindered exercise of free motion and locomotion. So was it among the Greeks; as, indeed, it has been among most peoples during early stages. In Homeric times, captives taken in war were enslaved and might be sold or ransomed; and throughout Greek civilization, accompanying warfare that was practically chronic, slavery was assumed to be a normal part of the social order. Lapse into bondage by capture, debt, or otherwise, was regarded as a misfortune; and no reprobation attached to the slaveThat is to say, the conception of freedom as an inalienable right of each man, had little or no place in either ethics or law. Inevitably, indeed, it was suppressed in relation to slaves, literally so-called, when even those who were nominally free were in reality slaves of the State -when each citizen belonged not to himself but to his city. And it is noteworthy that in the most warlike Greek state, Sparta, not only was the condition of the helot more abject than elsewhere, but the Spartan master himself was deprived in a greater degree than elsewhere of the power to order his own movements as he pleased.

owner.

Indeed we may recognize, generally, the fact that in states which have grown considerably in size and structure, it has naturally happened that since they have thus grown by external aggression and conquest, implying, as it always does, internal coercion, individuality has been so greatly repressed as to leave little trace in law and usage.

§ 47. To illustrate the growth in morals and legisla