Lectures on the Relation between Law and Public Opinion in England
Changed Attitude of the Working Classes
20th Century A. V. Dicey EnglishOn the 10th April 1848 the Chartists fought their last fight, and suffered a crushing and final defeat. The advocates of the Charter (who might, at this period, be identified with the artisans of the towns) abandoned chartism, and either gave up all interest in public affairs, or devoted their efforts to movements of which the object was not political, but social. Of these the chief was trade unionism.
This change of attitude told in more ways than one on the course of opinion.
The abandonment of the Charter was a distinct step away from democratic Benthamism; an increased interest in trade unionism was a step in the direction of collectivism. Trade unionism, which means collective bargaining, and involves practical restrictions on individual freedom of contract, could find no favour in the eyes of Liberals who belonged to the school of Bentham. The most liberal judges had, as we have seen, under the influence of Benthamite ideas, interpreted the Combination Act of 1825—in accordance, no doubt, with the real intention of Parliament—so as to put a check, not only upon all physical violence, but upon any so-called moral pressure which curtailed the right of an individual master to purchase, or of an individual workman to sell, labour upon such terms as might suit the contracting parties. To this view of the law trade unionists offered strenuous resistance. If some of them had at one time accepted the doctrine of laissez faire, they interpreted this dogma as allowing the right of combination for any purpose, which would not be in the strictest sense unlawful, if pursued by an individual acting without concert with others. They maintained that trade unions, even though they aimed at the restraint of trade, should be treated as lawful societies, and that unionists were morally, and ought to be legally, entitled, as long as they made no use of physical violence or the threat thereof, to bring the severest moral pressure to bear upon the action, and thus restrain the freedom of any workman, who might be inclined to follow his own interest in defiance of union rules intended to promote the interest of all the workmen engaged in a particular trade. Here we have the essential conflict between individualism and collectivism.
The changed attitude of the working men facilitated the alliance between the artisans and men of the middle class who, on whatever ground, dissented from Benthamite liberalism.
Chartism had been discredited by the fact that some Chartists sought to attain their ends by the employment or menace of physical force. Trade unionism had during its “revolutionary period” been linked with chartism, and had by acts of violence, and by the use of threatening language, secret oaths, and all the paraphernalia of revolution and conspiracy, excited the opposition of all persons who valued the maintenance of law and order. But between 1848 and 1868 unionism came under the guidance of capable, and, from their own point of view, moderate leaders. The abandonment, therefore, of the Charter, combined with the changed character of unionism, made it possible for men who were opposed to all violence or revolution to enter into an alliance with the artisans, or at any rate to sympathise with their policy. When Young England came under the guidance of Mr. Disraeli, Tories could afford at times to exhibit sentimental friendliness towards workmen engaged in conflict with manufacturers, whose mills offended the æsthetic taste, and whose radicalism shook the political authority of benevolent aristocrats. Among young men, again, who though not Tories, dissented from the social and economic dogmas of utilitarianism, working men found lawyers willing and able to suggest changes in the law of the land fitted for the attainment of the ends aimed at by unionists.