Closely connected with freedom of contract is freedom of association. If men may make any agreement with one another in their mutual interest so long as they do not injure a third party, they may apparently agree to act together permanently for any purposes of common interest on the same conditions. That is, they may form associations. Yet at bottom the powers of an association are something very different from the powers of the individuals composing it; and it is only by legal pedantry that the attempt can be made to regulate the behaviour of an association on principles derived from and suitable to the relations of individuals. An association might become so powerful as to form a state within the state, and to contend with government on no unequal terms. The history of some revolutionary societies, of some ecclesiastical organizations, even of some American trusts might be quoted to show that the danger is not imaginary. Short of this, an association may act oppressively towards others and even towards its own members, and the function of Liberalism may be rather to protect the individual against the power of the association than to protect the right of association against the restriction of the law. In fact, in this regard, the principle of liberty cuts both ways, and this double application is reflected in history. The emancipation of trade unions, however, extending over the period from 1824 to 1906, and perhaps not yet complete, was in the main a liberating movement, because combination was necessary to place the workman on something approaching terms of equality with the employer, and because tacit combinations of employers could never, in fact, be prevented by law. It was, again, a movement to liberty through equality. On the other hand, the oppressive capacities of a trade union could never be left out of account, while combinations of capital, which might be infinitely more powerful, have justly been regarded with distrust. In this there is no inconsistency of principle, but a just appreciation of a real difference of circumstance. Upon the whole it may be said that the function of Liberalism is not so much to maintain a general right of free association as to define the right in each case in such terms as make for the maximum of real liberty and equality.
VI
Domestic Liberty
Of all associations within the State, the miniature community of the Family is the most universal and of the strongest independent vitality. The authoritarian state was reflected in the authoritarian family, in which the husband was within wide limits absolute lord of the person and property of wife and children. The movement of liberation consists (1) in rendering the wife a fully responsible individual, capable of holding property, suing and being sued, conducting business on her own account, and enjoying full personal protection against her husband; (2) in establishing marriage as far as the law is concerned on a purely contractual basis, and leaving the sacramental aspect of marriage to the ordinances of the religion professed by the parties; (3) in securing the physical, mental, and moral care of the children, partly by imposing definite responsibilities on the parents and punishing them for neglect, partly by elaborating a public system of education and of hygiene. The first two movements are sufficiently typical cases of the interdependence of liberty and equality. The third is more often conceived as a Socialistic than a Liberal tendency, and, in point of fact, the State control of education gives rise to some searching questions of principle, which have not yet been fully solved. If, in general, education is a duty which the State has a right to enforce, there is a countervailing right of choice as to the lines of education which it would be ill to ignore, and the mode of adjustment has not yet been adequately determined either in theory or in practice. I would, however, strongly maintain that the general conception of the State as Over-parent is quite as truly Liberal as Socialistic. It is the basis of the rights of the child, of his protection against parental neglect, of the equality of opportunity which he may claim as a future citizen, of his training to fill his place as a grown-up person in the social system. Liberty once more involves control and restraint.
VII
Local, Racial, and National Liberty
From the smallest social unit we pass to the largest. A great part of the liberating movement is occupied with the struggle of entire nations against alien rule, with the revolt of Europe against Napoleon, with the struggle of Italy for freedom, with the fate of the Christian subjects of Turkey, with the emancipation of the negro, with the national movement in Ireland and in India. Many of these struggles present the problem of liberty in its simplest form. It has been and is too often a question of securing the most elementary rights for the weaker party; and those who are not touched by the appeal are deficient rather in imagination than in logic or ethics. But at the back of national movements very difficult questions do arise. What is a nation as distinct from a state? What sort of unity does it constitute, and what are its rights? If Ireland is a nation, is Ulster one? and if Ulster is a British and Protestant nation, what of the Catholic half of Ulster? History has in some cases given us a practical answer. Thus, it has shown that, enjoying the gift of responsible government, French and British, despite all historical quarrels and all differences of religious belief, language, and social structure, have fused into the nation of Canada. History has justified the conviction that Germany was a nation, and thrown ridicule on the contemptuous saying of Metternich that Italy was a geographical expression. But how to anticipate history, what rights to concede to a people that claims to be a self-determining unit, is less easy to decide.
