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LECTURE III
DEMOCRACY AND LEGISLATION
Does not advance of democracy explain development of
English law since 1800?
The plausibility of idea suggested by question
Advance of democracy only to slight extent ex-
planation of development of English law
Delusion that democratic form of government always
favours same kind of legislation
LECTURE IV
THE THREE MAIN CURRENTS OF PUBLIC OPINION
PAGES
48-55
48-49
49-55
55-61
III. Period of Collectivism (1865-1900)
Observations on the three different currents of opinion
(i.) Number of years during which each current of
opinion predominant
65-66
(ii.) Different relation of each current of opinion to
legislation.
66-67
(iii.) Peculiar difficulty presented by examination into
character and influence of Collectivism
67-69
(C) Why considerable changes took place during period of
quiescence
Reactionary laws.
Combination Act, 1800
94-110
95-103
Benthamism met wants of day
Utilitarianism the creed of the time
Benthamism fell in with English Conservatism
Benthamism is only systematised Individualism
To what extent did Benthamism obtain acceptance?
Answer
Acceptance all but universal
(C) Trend and tendency of Benthamite legislation
The congruity of Benthamite legislation; its objects
Transference of political power to middle class
Parliamentary Reform Act, 1832
Municipal Reform Act, 1836
Humanitarianism
Mitigation of criminal law
Prohibition of cruelty to animals
Emancipation of slaves
Extension of individual liberty
Freedom of contract
Combination Acts, 1824, 1825
Companies Acts, 1856-1862
Freedom in dealing with property in land
Poor Law Act, 1834
Freedom of opinion or discussion
Extension of Toleration Act to Unitarians,
1813
Roman Catholic Relief Act, 1829
Oaths Acts
Adequate protection of rights
Evidence Acts, 1833-1898
County Courts Acts, 1846-1888
Procedure Acts, 1851-1862
Judicature Acts, 1873-1894
Benthamite reform an illustration of influence of
opinion.
LECTURE VII
THE GROWTH OF COLLECTIVISM
Opposition even at era of Reform Act between Indi-
vidualism and Collectivism .
208-209
216
216-257
219-239
Transition from Individualism of 1832 to Collectivism
of 1870-1900
Explanation of change to be found not in advance of
democracy, but in following conditions
Tory philanthropy and factory movement
Movement originally fruit of humanitarianism
Movement guided by Tory leaders
Southey-Oastler-Sadler-Lord Shaftes-
bury
Movement the first battlefield of individualism
and collectivism
Movement introduced socialism into law of
England
Changed attitude of working classes
Modification in economic and social beliefs
Characteristics of modern commerce
Introduction of household suffrage
LECTURE VIII
PERIOD OF COLLECTIVISM
(4) Principles of Collectivism
Fundamental assumption-Faith in benefit to be
derived from State intervention
Extension of idea and range of protection
Workmen's Compensation Acts
Agricultural Holdings Acts.
Restriction of labour of women in factories
Adulteration of Food Acts
Restriction on freedom of contract
Irish Land Acts
Agricultural Holdings Acts
Preference for collective action
Combination Act, 1875
Modern Arbitration Acts
Equalisation of advantages .
Elementary education
Employers' liability
Municipal trading
Modern socialism inherits from Benthamism:
(1) Legislative principle-the principle of utility
(2) Legislative instrument: use of parliamentary
sovereignty
(3) Legislative tendency: extension and improvement
of governmental mechanism
287-301
302-304
304-305
305-309
LECTURE X
COUNTER-CURRENTS AND CROSS-CURRENTS OF LEGISLATIVE OPINION
310-311
Effect of counter-current already sufficiently explained
Effect of cross-current best understood from history of
ecclesiastical legislation, 1830-1900.
(A) Course of legislative opinion with regard to ecclesi-
astical legislation
Apparent weakness of Church establishment in
1832, and anticipation of policy of compre-
hension or of disestablishment
.
311-312
312-333
312-316