Visions of stateless society
Both stances relied on an underlying belief, common among deists of
this era, that there was a naturally harmonious order to the world, an order
that Hodgskin argued was violated by the artifice of legislative restr ictions,
especially the artificial rights of property. Misery and poverty are created,
according to Hodgskin, by legislative meddling; laws are sinister because
they are implemented for the defence of the private interests of the privi-
leged and powerful. The so-called iron law of wages, for example, is a result
not of natural competitive forces, but of the unreasonable power that legal
arrangements have given to capitalists and landlords. Hodgskin believed, in
his own words, ‘that all law-making, except gradually and quietly to repeal
all existing laws, is arrant humbug’ (Hodgskin 1973,p.i).
The proper standard for all judgement, according to Hodgskin, was nat-
ural law, which was often opposed to man-made positive law. As he put it
in his Popular Political Economy, ‘there already exists a code of natural laws,
regulating and determining the production of wealth’ (Hodgskin 1966,p.
xx). This contrasts sharply with the views of, say, Bentham and James Mill
who believed that rights were the result of legislation. For Hodgskin, man
is born within society and with natural rights, and human laws could not
conceivably be considered as creating either. Indeed, such laws could at best
record the existence of natural rights.
A similar dichotomy informs Hodgskin’s view of property. He begins
with a Lockean view of one’s ‘natural’ property rights in those things with
which one has mixed one’s labour.
There is no other wealth in the world but what is created by labour, and by it continually
renewed. This principle, now universally acknowledged, makes the right of property
appear more absolute and definite than it was in Mr. Locke’s comprehension, because
the right to own land is in fact only the right to own what agricultural or other labour
produces. (Hodgskin 1973,p.36)
This must be distinguished from the ‘artificial’ right of property which is
established by law:
The law . . . is a set of rules and practices laid down and established, partly by the
legislator, party by custom, and partly by the judges, supported and enforced by all the
power of the government, and intended as far as our subject is concerned, to secure
the appropriation of the whole annual produce of labour. Nominally these rules and
practices are said to have for their object to secure property in land; to appropriate tithes,
and to procure a revenue for the government; actually and in fact they are intended
to appropriate to the law-makers the produce of those who cultivate the soil, prepare
clothing, or distribute what is produced among the different classes, and among different
communities. Such is law. (Hodgskin 1973,pp.46–7)
449