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An ’enlightened’ Scot and English reform : a study of Henry Brougham Dwyer, John Alfred 1975

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AN  'ENLIGHTENED' A STUDY  SCOT  OF  AND  HENRY  ENGLISH  REFORM:  BROUGHAM,  by JOHN A L F R E D B.A., A.  University  (Ed.)i  THESIS THE  of  British  University  SUBMITTED  IN  REQUIREMENTS MASTER  in  the  of  DWYER Columbia,  British  1971  Columbia,  PARTIAL  FULFILLMENT  FOR  DEGREE  OF  THE  OF  ARTS  Department of  HISTORY  We a c c e p t t h i s t h e s i s a s the r e q u i r e d standard  THE  UNIVERSITY  conforming  OF B R I T I S H April,  1975  COLUMBIA  to  1973  OF  In p r e s e n t i n g t h i s  thesis  an advanced degree at the L i b r a r y s h a l l I  f u r t h e r agree  for scholarly by h i s of  this  written  fulfilment of  the U n i v e r s i t y of  make i t  British  freely available  that permission  for  the requirements  Columbia,  I agree  r e f e r e n c e and  f o r e x t e n s i v e copying o f  this  It  for financial  i s understood that gain shall  permission.  Depa rtment The U n i v e r s i t y o f B r i t i s h 2075 Wesbrook P l a c e V a n c o u v e r , Canada V6T 1W5  Columbia  copying or  for  that  study. thesis  purposes may be granted by the Head o f my Department  representatives.. thesis  in p a r t i a l  or  publication  not be allowed without my  ii ABSTRACT Henry more  than  However, social  Peter  his fair a s we  have of  into  overlooked  Scottish  or h i s t r a i n i n g  and p r a c t i c e  taken h i s  these  example  They  and a  a t Edinburgh  As a r e s u l t ,  an i n t e r e s t i n g  thought  never  properly.  ways.  Benthamite,  have  as a  treated  in different a  received  historians.  his role  has n o t been  They  account.  from  t o show,  Brougham  apologist.  background  adequately  attempt  viewed  has always  of a t t e n t i o n  him a h u m a n i t a r i a n ,  middle-class Scottish  (1708-1868)  i n England  have  called  share  shall  reformer  Historians have  Brougham  University  historians  of the  i n English  influence  reform  movements. The  present  Brougham  i n the light  isolating which  The culture define  heritage.  i n Brougham's  a bearing we  hope  of the thesis  deals  the peculiar  aspects  of the Scottish  In a d d i t i o n ,  the 'Edinburgh  Stewart,  institutions  show  literati.'  was a t r u e chapter  we  exemplar  t w o , we  Here,  o f law, poor  we  of 'moral'  Scot*. Scottish  attempt  to  identity  or  'common  of the S c o t t i s h  how  and a  Brougham, student  of this  examine  a  with  way.  by t h e t h i n k e r s  i n behalf of  'enlightened  general  t h e development  By experience  to construct  as an  Henry  Scottish  on h i s e f f o r t s  o f Brougham  chapter  philosophy  In  of h i s S c o t t i s h  fairly  School. of  first  to explore  sense'  t o examine  i n England,  picture  in a  i s an attempt  factors  t o have  reform  composite  and  those  were  social  study  as a  of Black and  culture.  the s p e c i f i c a l l y  relief,  member  and education  Scottish i n some  i i i  depth.  These i n s t i t u t i o n s  minds  of Scots  case,  the Scots  believed  that  superior  to those  of  vastly  Having  such  as  ingrained  outlined  Brougham.  as  a social  heritage. very  much i n f o r m e d  training looked  the  English  system  system  political  economy  was  Law,  that  advance.  And  relief  Finally,  practice. evidenced h i s before  f o r the  chaotic  Second, was  forever  contrasting  relief  Tuoreover, University  caused  'enlightened'  the  him t o  to  o f t h s move-  Brougham  of education  with  his training in  as a hindrance  as the leader  him,  i n his attack  attempted  to  on t h e S c o t t i s h  i n Scottish parochial  men.  work  were  Mansfield  i n England,  system  by a n  to shape  and  of i n s t i t u t i o n a l i z e d  h i s pride  buttressed  h i s ideas  Brougham  Brougham  at Edinburgh  Brougham's  reflected his Scottish  Like  of Scotland.  a national  education  then  Common l a w .  institutionalized  model.  b a g g a g e ' , we  clear  lawyer.  ment f o r mass e d u c a t i o n create  'mental  legal reformer,  Poor  voluntary  economic  were  t o Roman l a w a s a r e m e d y  the English  regard  institutions  by S c o t t i s h t h e o r y  of English  i n every  own  i n which  i n England  as a Scots  condition on  as a  i n the  England.  t h e ways  For, i t i s quite  First,  he  reformer  Furthermore,  their  Brougham's  move o n t o d e m o n s t r a t e  deep a t t i t u d e s  faith  education  i n t h e power  of  iv TABLE  Title  OF  CONTENTS  Page  i  Abstract Table  i i  of Contents  iv  Introduction  1  I  The S c o t t i s h  II  Scottish  III  A  IV  The Poor  V  The  Experience  5  Institutions  Scotsman  at the English  Law  Education  Debate movement  . Bar  22 55 81 107  Conclusion  143  Notes  146  Bibliography  175  1  INTRODUCTION  2 As  a  pointed  recent out,  historians the  is  Scottish  of  The  poor  of  the  although  other  unique  and  has  m-v-e the  taken  interracted  in  most  early  to  such  greatly  on  the  striking  virtually  different been  in  England  British the  way  of  intellectual  as  of  laws,  Even to  so,  of the  in  define  i n f l u e n c e d from  British  education, l\ior  renaissance thought  a  was  has  the  after  and  culture  outside,  to  Isles.^  case  overlooked  system  has  British  treated adequately.  account. a  in  of  c o n t r a d i c t o r y nature  Scottish  into  period  failings  concentrate  countries  been  not  Victorian  serious  tendency  Scotland's  originality  the  is particularly  relief  been  on  the  experience  histories.  1750  of  their  oversight  Scotland.  and  one  exclusion  This  writer  practice  which,  peculiar  to  Scotland. The the  more  between the  negligence  on  perplexing England  late  and  when  was  numbers  Englishmen,  the  at  progressive It  Russell,  Mill,  their  stay  Yet  the  as  at  had  of  no  not  of  as  North'.  coincidence went  schooled  one-sided.  Britain.  Here, of that  in  they  the  Large their learned  Scottish  students  to  become  this  During  Edinburgh  completed  on  is a l l  relationship  century,  Great  principles  well  the  entirely  Scots,  Petty  historians  that  nineteenth  the  and  been  British  Mecca  reforming  Brougham,  They  was  well  -Athens  and  of  considers  early  is certainly  England.  one  cultural  this  School.  in  the  and  University  education  part  Scotland  eighteenth  of  the  such  as  reformers  calling  during  Edinburgh.  role  of  Edinburgh  U n i v e r s i t y remains  to  be  examined  3 in  any  begun  detail. to  In  explore  fact,  the  only  recently  connections  have  between  historians  even  Scottish  thought  been  and  2 English very  reform  limited While  such  also  his  a  is a  years  in  study  of  work  that  has  to  deal  with  a  problem  can  trace  that  of  and  a  Brougham  background  logical  a  the  one  individual  (1788-1868)  early  graduate can  only  i s taken  his  kind,  single  continuity and  this  Brougham  reformers  Scotland  done  is  was  of  into  on  He  understood  We  once  Conversely,  Brougham's behalf  the  University.  account.  between  of  century.  Edinbrugh properly  the  some  one  nineteenth  be  efforts  with  of  of  formative  social  reform  England. Henry  Broughamwas  travelled carried law,  to  London  with  him  poverty,  react  to  experience  a  in  well 1803,  problems  This  formulate  'Scottish  those  institutions  other  hand,  which  i t embraced way  of  age  Scottish  I n v a r i a b l y , he to  the  Lowland of  Scot.  attitude  towards  perspective  would a  caused  inbred  were the  draw  was and  distinctly  intellectual  Edinburgh  upon  'he society,  Brougham  in  his  he  a Scottish  solution.  experience' an  When  twenty-five,  besetting English society  i t c o n s i s t e d of  by  at  education.  i n order  disseminated  educated  typically  way.  Brougham's hand,  a  and  the  predictable  one  the  impossible  Peter  Scotsman  argue  there  to  in a  Henry  Scottish  in  be  i n f l u e n c e through  notable  shall  And  scope.  i t would  accuracy.  was  in  magnitude  Scottish  most  movements.  of  two  kinds.  nationalistic  On pride  Scottish.  On  doctrines  then  University.  Thus,  the in  the being  Brougham  4  was not simply a Scot — is this  distinctive  in relation  he was an ' e n l i g h t e n e d Scot'.  characteristic  And i t  which we i n t e n d to d i s c u s s  to h i s a c t i v i t i e s i n England.  Since Henry Brougham can only be p r o p e r l y understood i n terms of S c o t t i s h  culture,  we s h a l l devote a c o n s i d e r a b l e  amount of t h i s study to o u t l i n i n g t h i s has been accomplished, Brougham as a reformer.  i t ssalient  we w i l l  features.  Once  be'able to make sense of  5  CHAPTER  THE  SCOTTISH  I  EXPERIENCE  It  of  i s no  the  the  late  best  culture  of  through in  Burns,  drew  his  brevity  of  reflected Why  eyes.  In  commemorating  "the  expressed  pure  Scottish legal  poetical  Scotsmen of  even  Brougham's  anxiety  of  a  deep  the  as  letter  Scots  the  i n honour  of  of  so  Scotland."^  good  to',establish a  and by  the  he  tongue  as  i t  poetry.  worried  i n most  Lord  the  of  a l l ,  national  is a  for  Scottish  Brougham  which,  to  evidenced  Most  modern  Scottish  written  language  as  V  -B-u-t p e r h a p s  "conciseness"  language,  and  see  concern  classical  culture  century.  letter  festival  to  Scottish  i s to  a  quality.of  language  Lowland  a  statutes.  such  preservation speak?  a  and  attention  i n ancient  were  nineteenth  Brougham's  the  the  early  problem  Scottish  emphasized was  of  c a t e g o r i z e the  the  reader's  "clearness"  and  Brougham of  to  approaching  1859,  preservation He  matter  eighteenth  way  Ardmillan Robert  simple  cases, example  firm  about they of  the  did  not  the  identity  separate  2 from  England.  with  which  purely  One  the  Edinburgh  Scottish  seduced  by  the  i s immediately  body  reminded  of  i n their  'literati',  of l i t e r a t u r e , a l l o w e d  supposedly primitive  poetry  the w i l l i n g n e s s  for a  quest  themselves  to  be  o f (Yiacpherson's  Ossian. Henry faced  Brougham  with  the  was  problem  eighteenth  century,  model  well-ordered  of  a  English  assimilation  ties  of  the  fact  that  'auld  the  the of  the  product  of  a  culture  self-identity.  Lowland  Scots  Protestant  Throughout  looked  society.  to But  caused  them  to  Alliance'  with  France.~-/his,  love  for  Scots  bore  no  retain  continually  many  'papists'.  the  England  as  their  fear  of  the  of  cultural  in spite In  the  their  of  the  7 struggle heavily  for self-identity, from  Lowlanders  the Scottish  the G a e l i c c u l t u r e  generally regarded  idle  and  b a r b a r i c savages.  that  Highlanders  derogatory  were  label  of  Scots;  "Irish".  the Highlands.  their  They  'literati'  northern went  so  instead,  they  gave  culture  Yet,  neighbours  even  Lowland  drew  f a r as  was  as  t o deny  them  the  indeed,  to  3 quote by  a  David  and  When  their  Union  Although Darien  the  of  economic  were  underlined  them  after  prospered.  The  Lowland  towns  country  as a  helps  three  up  frontiers:  their  purely  England,  an  extremely  attempted,  1745,  model  Scottish  t o speak  t o e x p l a i n why  late  and  brought  business  E n g l i s h and  and  i f  the  Scots  remaining  great  observers economic  century, and  and  and  commerce  c l a s s e s of the looked  to  that  society.  development  Brougham  of the  England  intelligent  agriculture  and  country.'*  opposition, the  while  of the eighteenth  of commercial  relatively  much  identity  the Union  professional  learned  joining  And,  English interference, that  poor  as  Before  r e t a i n e d her Church  her parliament. their  one.  the f a i l u r e  Despite  Scotland  independence  economic  the n e c e s s i t y of  In t h e c o u r s e  especially  This  were  place;  understood  advantages.  was  to preserve  from  a  to occur.  but l o s t  institutions among  was  took  determined  was  Scotland  panaceas  progress  system  across  to give  motivation  various  event-finally legal  decided  1707,  scheme  from  I t was c h a r a c t e r i z e d  Highlands.  the Scots  nation,  the  'schizophrenic'.  h e s i s t a n t borrowing  France,  a  Daiches,  o f the S c o t t i s h  other  'enlightened  economy Scots'  8  attributed jealousy the  so much i m p o r t a n c e  with  which  E n g l i s h was  as  well.  of  England  present  clearly  accounted  the  note t h a t t h e and  was  disrepute.^ fell  heir  eyed  reflected  a student  to t h i s  t h a t the  poverty  emphasis  economic  system  nation at  records  of  any  England's  progressed  which  steadily  he since  held trade i n  University,  economics  of  works  of S c o t l a n d , a l t h o u g h  Edinburgh  on  the  commerce  "above any  i n the  had  France  at  for  intellectual  contrasted  S c o t l a n d o f 1776  outstripping  As  in their  or t h a t appears  relative  growth,  t h e i n d u s t r y and  claimed  Smith c o n t i n u a l l y  with  economic  for i t s superiority  i n the w o r l d ,  prosperity  Union,  Scots  Hume, f o r example,  s t o r y . A d a m  did  the  to  through  Brougham  his  teachers  7  Dugald  Stewart  and  Whereas t h e and  envy, t h e y  attitude of  John  Lowlanders looked looked  towards  the  north with Highlanders  a t o u r of the Western  Highlanders historian,  miliar.  'savages'.  with  disgust. was  In a l e t t e r  Henry  typical.  i n 1799,  a mixture  fear  Brougham's  In h i s  account  Brougham c a l l e d  to h i s great  c h a r a c t e r i z a t i o n s of  J o h n s o n ' s and Scotland  Brougham compared  of  uncle,  the the  Highlanders g u n f a v o u r a b l y w i t h the n a t i v e s of the P a c i f i c I s l a n d s : N o t h i n g i n C a p t a i n Cook's v o y a g e s comes ' h a l f so low...A t o t a l want o f c u r i o s i t y , a s t u p i d g a z e o f wonder, an e x c e s s i v e e a g e r n e s s f o r s p i r i t s and t o b a c c o , a l a z i n e s s o n l y t o be c o n q u e r e d by t h e hope o f t h e a b o v e - m e n t i o n e d c o r d i a l s , and a b e a s t l y degree of f i l t h , the n a t u r a l consequence of t h i s , render the St. K i l d i a n c h a r a c t e r t r u l y savage. Similar  Robertson,  Isles  south  as  Boswell's  w e l l as  Highland  A journey  i n the  the  society  to the  r e p o r t s of  the  may  Western  be  found  Islands  of  Gaelic Society  or  in  9 The  S o c i e t y f o r the Despite  the attempts  propagandists the  peoples  thought  Propagation  the  to e x p l o i t  purposes,  n o r t h and Highland  spoke a f o r e i g n  there  south  of  the  language,  L o w l a n d e r s had Highlanders  traditionally based  on  the  Highland cattle.  changing of  the  on,  tended  began t o  one. author  the  The  Celtic  to r e g a r d  who  rites,  rose  in rebellion  and  the a l i e n  The  As  the  Lowlands  one  and  late  i n order under  resulted  lost  society  been 1724,  as to  the  i n the  final chiefs.  many o f i t s d i s t i n c t i v e  society  symbolized  had  the  landlords, largely  see  from  t r a n s f o r m a t i o n of  been g r a d u a l l y  end  of  imported  (which  H i s t o r y of C h a r l e s  "clansmen with  Highlanders  would V)  was  no  doubt  economic  defeat  clan  from  the men.  Lowland  Brougham's l e t t e r the  of  failure,  economic o r g a n i z a t i o n , the  replace their  rustle  banner  e x p u l s i o n of r e b e l  Highland  old chiefs  can  and  Highlands:was  ended a s a d i s m a l  the  Highlands  Brougham's s o l u t i o n of  Lowlanders  t o become m a s t e r s o f t h i n g s r a t h e r t h a n  However, as Robertson,  strange  into  a fe.uda-1—t.o__an_  Highland  between  i t s o r g a n i z a t i o n had  uprising  although  of the  The  '45  the  line.  for  barbarians  some r e s e r v a t i o n .  Highlands  And,  from  They even  reason  s i g n s of s u c c e s s ,  time  last  values. south,  good  they  The  of the  qualities.  theiving  lost  9  illiterate.  with  In 1 7 4 5 ,  From t h i s  Highland  culture  love  authority.of warrior chiefs.  early  conquest  the  a martial society;  Charles Stuart. despite  little  practiced  c l a n s descended 1 0  of  Knowledge.  Highland  was  clans idle,  were g e n e r a l l y p o o r and The  of C h r i s t i a n  sheep."  1  to  was  a  gradual  have p l e a s e d development.  the  10  As  a corollary  Highlanders  of t h i s ,  into  i t uias n e c e s s a r y  rational  to transform the  ' e c o n o m i c ' men l i k e  the  Lowlanders.  12 The  tool  was t o be e d u c a t i o n .  Brougham  wrote:  We made s e v e r a l r e m a r k s on t h e s t a t e o f t h e i s l a n d , and t h e mode o f management t o w h i c h i t i s s u b j e c t . Were i t s e x t e n t , f e r t i l i t y , a n d p o p u l a t i o n s o f s u f f i c i e n t c o n s e q u e n c e , no b e t t e r method c o u l d be f a l l e n . u p o n t h a n t o s e n d a s c h o o l m a s t e r , and t h e n t o a b o l i s h t h e p r e s e n t i n i q u i t o u s method o f c o l l e c t i n g i t s produce. Brougham's s u g g e s t i o n illiteracy  and e c o n o m i c  of  Lowlanders.  of  education  minister  contained  new.  b a c k w a r d n e s s had l o n g  Highland  been a  concern  But t h e r e was some u n c e r t a i n t y a b o u t what  would  suit  of "weight  I n 169B,  the purpose.  by t h e name o f K i r k w o o d  gentlemen  nothing  converted  and d i s t i n c t i o n "  kind  an E p i s c o p a l i a n  some  Edinburgh  to the task  of b r i n g i n g  13 'civilitie' of  to the Highlands.  They  the S o c i e t y f o r the Propagation  The  initial  attempts  formed  the S c o t t i s h  of C h r i s t i a n  of the S c o t t i s h  branch  Knowledge.  S.P.C.K. c o n c e n t r a t e d  on  \  instruction the such  i n r e l i g i o n , and E n g l i s h .  hostility  instruction  agricultural the  of the Highlanders,  skills.  Lowlands,  the attempt  with  this  technical Given  step  to spread  The S.P.C.K. a c h i e v e d  spinning  schools  f o r young  significance:of  i t was d e c i d e d  training  attitude  i n i n d u s t r i a l and  stress  on i n d u s t r y i n  to the Highlanders i t s greatest success  Nevertheless, had l i m i t e d i n operating  women.^  the S c o t t i s h  S.P.C.K.  much i n i t s a c h i e v e m e n t s a s i n t h e way Lowlanders'  to supplement  does n o t seem s u r p r i s i n g .  effect.  The  When t h i s f a i l e d , -due—to ••  the great  education  towards  economic  -f  r e s i d e s n o t so  i t demonstrates the b a c k w a r d n e s s and  11 education. unruly to  Faced  The  Brougham a u t o m a t i c a l l y t u r n e d  f o r the s o l u t i o n .  one.  sought  positive  Lowlanders  to transform  influence,  In t h e i r  fear  Highland  French  like  o f a p o o r and p o t e n t i a l l y  i n f l u e n c e of the Highlands  negative  with  the problem  population, Scots  education  and  with  experienced  regarded  Highlanders  them i n t h e i r  of English a s s i m i l a t i o n  thought.  Unlike  an ' e n l i g h t e n m e n t '  culture England,  which  as b a r b a r i a n s  own image.  however, was e x e r c i s e d by  b a r b a r i t y , Lowland  liberal  was, by a n d l a r g e , a  A much more  France.  a n d -fehelT d i s g u s t borrowed Lowland  heavily  from  Scotland  corresponded  fairly  15 closely  with  intellectual  was a t r u e c h i l d  of t h i s  m a t h e m a t i c s , and m o r a l Among  h i s teachers  [Ylillar, can  and Dugald  only  thinking,  life  on t h e c o n t i n e n t .  enlightenment5  philosophy  he s t u d i e d s c i e n c e ,  a t Edinburgh  University.  were s u c h  l u m i n a r i e s as B l a c k ,  Stewart.  Since  be u n d e r s t o o d  Playfair,  Brougham's f u t u r e  i n the l i g h t  i t i s important  Brougham  activities  of h i s enlightenment  to discuss t h i s  development  i n some  deta i l . In many r e s p e c t s , t h e S c o t t i s h the ' a w a k e n i n g ' i n F r a n c e . ties the  with  France  heroes  i n Bacon,  regarded  principles  Thus,  the French  o f a good  special  paralleled and c u l t u r a l  of ideas  and S c o t s  between  had i d e n t i c a l  Enlightenment  reverence  scientist.  of empiricism  historical  an i n t e r c h a n g e  Newton, and L o c k e .  Newton w i t h  prototype  Scotland's  facilitated  two c o u n t r i e s .  enlightenment  thinkers  he was t h e  H i s supposed  and i n d u c t i o n i n t o  introduction p h y s i c s was,  of the  12 according of  to the  ' p h i l o s o p h e s ' , a majors s t e p  knowledge.^  His-use  of  'analysis'  then  to d i s c o v e r the  they  what  the  structured,  •Reason'. rather The  In t h i s  than  was  way,  'being'.  'reason' Ernst  P h i l o s o p h y of the  advancement  to determine  components o f t h i n g s and are  i n the  laws  the by  basic  which  ' p h i l o s o p h e s ' meant  by  i s characterized  'agency' •  1 i n h i s mastery  Cassirer,  Enlightenment,  as  regartis  this  work  as  the  17 distinguishing  mark o f t h e  enlightenment  approach:  The e i g h t e e n t h c e n t u r y t a k e s r e a s o n i n a d i f f e r e n t and more modest s e n s e . I t i s no l o n g e r t h e sum t o t a l of " i n n a t e i d e a s " g i v e n p r i o r to a l l e x p e r i e n c e , which r e v e a l the a b s o l u t e e s s e n s e of things. Reason i s now l o o k e d upon r a t h e r as an a c q u i s i t i o n t h a n as a h e r i t a g e . It i s not the t r e a s u r y o f t h e mind i n w h i c h t r u t h l i k e a m i n t e d c o i n l i e s s t o r e d ; i t i s r a t h e r the o r i g i n a l i n t e l l e c t u a l f o r c e w h i c h g u i d e s t h e d i s c o v e r y and d e t e r m i n a t i o n of t r u t h . Only  by  t h e use  knowledge not  be  t o say  of reason,  arrived  that  at.  now  A l l else  enlightenment  t h e e x i s t e n c e o f g e n e r a l laws quite  the c o n t r a r y .  could  o n l y be  They  seen  as agency, c o u l d was  superstition.  Wh-arc-h- i s  thinkers  were s c e p t i c a l  about  by  n a t u r e was  which  d i d , however,  d i s c o v e r e d by  legitimate  close  believe  examination  ordered;  that  of  these  laws  concrete  18 experience. Since  reason,  applicable  method  went f a r beyond could  also  even t h e French  be  f o r enlightenment for arriving  the  used  study  a t knowledge,  o f m a t h e m a t i c s and  t o examine t h e  n a t u r e o f man  were i n t e r e s t e d  thinkers,  himself.  was  i n s t u d y i n g the  both  universally  i t s application physics.  institutions Now,  a  o f man  It and  t h e S c o t s and  individual  and  his  the  13  relationship  with  their  application  life,  they  Like  came  individual  However,  about  man was  i n a  Hampson  different  the French was  illustrates  1 7 6 0 many  thinkers rejected evil.  French  They  a reasonable  critique  However, i n  of empiricism  of the French  radical  of reason.  to  social  conclusions.  inherently  basically  the majority  conviction Norman  to quite  that  i n the light  of the p r i n c i p l e s  the Scots,  assumption the  society  the  argued  and moral  'philosophes*  of existing  i n h i s work  Christian that  creature.  utilized  institutions.  The E n l i g h t e n m e n t ,  t h i n k e r s had adopted  this  a  'critical  As by  and  19 passionate' felt to  that,  approach i n order  be b r o u g h t  changed  parts  qualities  necessary  as they  as a  that  of the individual  from  "natural  These of the  men  individual-  "society  must  French  the 'rights'  'duties'  as s o c i a l  relation",  be  a n d n o t 'v-isa-  their  d i d not stress  but, rather, their  society  problems.  thinkers differed  i n a s much  viewed  i t was  i t worthy  Scottish  individuals  f o r t h e good  forth,  t o make  The  to p o l i t i c a l  not an  counterof  beings.  They  "artificial  21 creation". man's  For this  'ethical  'philosophes'. reason,  strong to  sense' man,  h e was a l s o  ties  French  Scottish  they a  thought,  argued,  social 22  they  laid  While were  not only attached  such  ideas  not nearly hand,  of 'reason'  a greater  sensibility'  was  animal,  on t h e o t h e r  mixture  they  and h i s ' s o c i a l  of a f f e c t i o n .  thinkers,  heterogeneous  reason,  and  than  on  d i dthe  a creature  with  t o h i s f e l l o w s by  were  so deeply  always  emphasis  not  rooted  contained  'feeling'.  foreign  this  there.  14 The  reasons  Scottish  for this  head and  the  paradoxical "division  Scottish  between  h e a r t " were b o t h  the  cultural  and  23 historical.  No  David  claim that  Daiches*  enlightenment  doubt  there  reflected  the  the  romance l i t e r a t u r e . ^  involved  than  The  Scottish  •feeling'  was  the to had  no  theory, rule  but  came t o g e t h e r order  easily  be  the  their  to  own  tool.  t o be  The  self-interest. f o r the The  an  attack  on  never  of  than  c o u n t e n a n c e any  theory  which might  natural  entity  and  The  likely  explanation  r e j e c t e d the  change was  the  the  attachdd  pleasure,  intellectuals  they  notion  for this  looked of  were n o t  or  well  by  of  Scottish  thinkers, 25  government. justify  Nor  radical  upon s o c i e t y as  a  'contract'.  between  c l a s s e s . Since  to patrons  was  in  i t could  r e s i s t a n c e to the  close connection  landed  of  and  institutions  French  hatred  Scottish  --  sanctioned  strong  who  individuals  School  theory  other  According  same  existing  be  in  convenience  Scottish  i m p l i c a t i o n s of t h i s  support  reason  individuals  These  sake  by  French  contract'.  have any  and  of  i s more  untempered  employing  'social  property.  The  their  of  Such a v i e w c o u l d  intellectuals  to  Scottish  there  'reason'  dangerous  theory  change.  were e i t h e r  certainly  s o c i e t y c o n s i s t e d of s e p a r a t e  d i d not  they  .radical  But  C l o s e r to Montesquieu  Scots  the  truth  'sentimental' q u a l i t i e s  believed that  i n s o c i e t y only  used  thinkers.  would  of  radical  government.  the  School  to p r o t e c t t h e i r  aware o f t h e  of  f o r example, c l a i m e d  development this  philosophy  of  this.  a potentially  Rationalists,  deal  overly  Scottish  just  i s a great  most  of  Scottish intellectuals  held u n i v e r s i t y  at a l l i n t e r e s t e d  idea  posts  at  in attacking  15  the  ' s t a t u s quo'.  Indeed, they  with t h e i r b e n e f a c t o r s .  tended  to i d e n t i f y  themselves  And, as T.C. Smout puts i t s  27  T h i s i d e n t i f i c a t i o n with the landed c l a s s e s was accompanied by a lack of s o c i a l and p o l i t i c a l iconoclasm. David Hume, f o r i n s t a n c e , was ready enough to a t t a c k the creeds of the church and Adam Smith to destroy the b a s i s of m e r c a n t i l i s t economics, but no one ventured to do the same f o r property and s o c i a l p r i v i l e g e . But  there i s another  s i d e to the q u e s t i o n of S c o t t i s h  c o n s e r v a t i v i s m besides t h i s with the g r e a t ' .  intellectual  'deep seated need f o r a s s o c i a t i o n  S c o t t i s h landowners e x e r c i s e d a v i r t u a l l y  d e s p o t i c power over the s o c i e t y i n which they l i v e d .  They 28  controlled  education, poor r e l i e f , and church  They wielded And  c o n s i d e r a b l e a u t h o r i t y as j u s t i c e s and l a n d l o r d s .  t h e i r r e l a t i o n s h i p with the s o c i e t y a t l a r g e was an  extremely  p a t e r n a l i s t i c one.  Thus, there was very l i t t l e of  patronage.  social criticism  o p p o r t u n i t y f o r the e x p r e s s i o n  i n Scotland.  Whenever c r i t i c s  as they d i d during the e a r l y stages of the French  d i d appear, Revolution,  29  they were q u i c k l y and e f f e c t i v e l y restrictive  s t a t e of a f f a i r s ,  silenced.  i t i s hardly s u r p r i s i n g  e n e r g i e s of S c o t t i s h t h i n k e r s were channeled philosophy Moral  i n s t e a d of p o l i t i c a l philosophy  set i t s e l f  laws which govern s o c i a l l i f e of  action.  It has been c a l l e d  it  accepted  the v a l i d i t y  Given  School  that the  i n t o moral  polemics. the task ,of d i s c o v e r i n g the  and then d e r i v i n g  individual  'common sense philosophy*  norms  because  of c e r t a i n common human b e l i e f s  which c o u l d not be proven i f one adhered s t r i c t l y theory of s e n s a t i o n s .  such a  In f a c t ,  to the  the only member of the S c o t t i s h  to f o l l o w the theory of s e n s a t i o n s out to i t s l o g i c a l  16 conclusions to  argue  uuas t h e s c e p t i c ,  that  custom.  There  the concept was  no  David  Hume.  of 'cause'  "necessary  He w e n t  was  merely  so f a r as  a  product  c o n n e c t i o n " between  of  things  30 which  could  "define  a cause  thinkers  Brougham  i s fairly  believed  i n t h e e x i s t e n c e o f God, t h e q u a l i t i e s  benevolence,  seek  their  own  inevitability was  not a  common  Adam moral  must  topics  Ferguson  He a l s o  benevolence," that  was  as s e l f - e v i d e n t  his  desire  man  and S o c i e t y :  society.  social  man's  as h i s i n s t i n c t  f o r personal happiness. The S c o t t i s h  with  i n the  the discovery  and "moral  towards  there 31 laws".  improvement. t h e common  for self-preservation As G l a d y s  of  investigated  a n d human  duty  Inquiry  these  spokesman f o r  the l a t t e r , duty,  duty;  For Ferguson,  laws"  moral  social  alone  reflects his  concerned  with  reason  of the others  often  "physical  concerned  sympathy  account.  the chief  which  o f human  of  He  i n the  that  a man's  into  and r e p r e s e n t a t i v e  of laws,  believed  He a r g u e d  be t a k e n  was  extremes.  respect.  believed  to dictate  H i s work,  of the  a n d t h e p r o p e n s i t y o f men t o  ( 1 7 2 3 - 1 8 1 6 ) was  laws  philosophy, like  also  of Montesquieu,  two t y p e s  moral  sense',  organ  t o go t o s u c h  i n this  o f huma^i' p r o g r e s s .  School.  scientific  were  'moral  improvement.  Ferguson  admiration the  a  philosophy,  Scottish  representative  sufficient  beliefs  not prepared  But most  Scottish  and  were  and e f f e c t . "  Bryson  good and  writes i n  of the Eighteenth  32 Century: moral p h i l o s o p h y d e a l s with moral laws, that i s , with e x p r e s s i o n s o f what o u g h t t o be, o f what i s n o t y e t u n i v e r s a l l y a f a c t o f a k i n d a p h y s i c a l law c a n  17  express. N e v e r t h e l e s s , i t has i t s b a s i s . . . i n p h y s i c a l f a c t , i n t h e c o n s t i t u t i o n o f man w h i c h i m p e l s him n o t o n l y t o p r e s e r v e h i m s e l f , b u t t o be a b e n e v o l e n t l y m i n d e d member o f s o c i e t y , a n d t o s e e k a l w a y s t o i m p r o v e h i m s e l f a n d t h e common life. On t h a t b a s i s t h e m o r a l l a w c o n s c i o u s l y b u i l d s t h e d i c t u m t h a t t h e most d e s i r a b l e t h i n g f o r a man i s t h a t he s h o u l d c u l t i v a t e t h e l o v e o f h i s f e l l o w s , and a c t a l w a y s f o r t h e i r h a p p i n e s s a n d b e t t e r m e n t . In  t h e works o f F e r g u s o n , s o c i a l  r e l a t i o n s a r e "so 33  many f i e l d s sees t h i s the  f o r the a p p l i c a t i o n  same theme r u n n i n g  S c o t t i s h School.  of the moral law."  throughout the w r i t i n g s of  Hutcheson, f o r example, a t t a c k e d the  R a t i o n a l i s t s and p o s i t e d a d i s i n t e r e s t e d his  One  a n a l y s i s o f human n a t u r e . ^  " p u b l i c sense" i n  As a f o l l o w e r o f L o c k e ,  H u t c h e s o n was a w a r e o f t h e e p i s t e m o l o g i c a l d i f f i c u l t i e s o f positing  such moral assumptions.  However, he s i d e s t e p p e d t h e  p r o b l e m by c l a i m i n g t h a t o u r " i d e a s 35 c o u l d be a t t r i b u t e d philosopher;  t o God.  of primary  Adam S m i t h ,  t o o , was a m o r a l  he was i n t e r e s t e d i n p o l i t i c a l  insomuch as i t formed a d i v i s i o n  qualities"  economy  of the e t h i c a l  only  science.  H i s fame d u r i n g h i s l i f e t i m e was n o t due t o The W e a l t h o f Nations,  b u t r a t h e r , t o The T h e o r y o f M o r a l  These c h a r a c t e r i s t i c s that blending  of 'reason'  Sentiments.  of the S c o t t i s h enlightenment and ' s e n t i m e n t '  --  -- a r e c l e a r l y  evident  i n t h e work a n d i d e a s o f Henry Brougham.  entered  E d i n b u r g h U n i v e r s i t y i n 1 7 9 2 , Brougham q u i c k l y became  a disciple Playfair.  of the s c i e n t i s t  When he  B l a c k and t h e m a t h e m a t i c i a n  He w o r s h i p p e d B l a c k , whom he c a l l e d " t h e f i r s t 36 philosopher of h i s age." A c c o r d i n g t o Brougham, i t was 37 B l a c k who h a d made c h e m i s t r y a s c i e n c e :  18 I t was c e r t a i n t h a t a f t e r t h e d i s c o v e r i e s o f B l a c k h a d o p e n e d v a s t a n d new v i e w s o f n a t u r e , both as r e g a r d s the o p e r a t i o n s of heat, the most p o w e r f u l and u n i v e r s a l o f a l l a g e n t s , and as r e g a r d s the c o n s t i t u t i o n of e l a s t i c f l u i d s , the m o s t u n k n o w n o f t h e f o u r e l e m e n t s , no n a t u r a l p h i l o s o p h e r w o u l d have had t h e h a r d i h o o d t o d o u b t i f c h e m i s t r y was a n i m p o r t a n t b r a n c h o f h i s science. But  what  impressed  him  both  the  Brougham  connection  of  most the  was  Black's  theory  with  ability  the  to  facts,  "show  and  the 38  steps  by  which  Brougham right.  At  Newton's  the  light  age  Society. as  rather  dubious  light)  f o r some of  of  entitled  Reflection,  well  criticism  something  young  Optics  Royal as  principles  became  the  Inflection, by  the  one  originally ascertained."  of  scientist  a  seventeen,  "Experiments and  Colours  This on  were  was  of  Young  by  " d e l a y i n g the  i n an  1803  a  paper  which  another  Brougham  as  a  own  Observations  Light",  followed  considerable time"  Thomas  wrote  and  of  'porisms'.  distinction  he  in his  also wave  result  article  on on  was  read  paper  on  had  the  theory  of  for  the  his the  (of  severe Edinburgh  39 Review. While he  Brougham  retained  method  his  was  love  throughout  not  his  long  he  and  in his writings.  expert  on  the  However, to  chemistry  ideal.  make  life.  and  times  Brougham's and  Science,  optics; or  In  to  fact,  of  he  like  in  most  examples was  the  scientific  enlightenment of  Newton  something  i n s c i e n c e was  rather, was  the  faith  profession,  of  an  Bacon.  interest  reason,  subject his  his  And,  constantly referred  life  the  f o r s c i e n c e and  thinkers, Bacon  to  i t was a  the  universally  not  confined  enlightenment applicable  19  method f o r a r r i v i n g  at knowledge.  of enquiry c o u l d be reduced entitled  to g e n e r a l laws.  "Objects, P l e a s u r e s , and  S c i e n c e , " Brougham wrote:  With t h i s t o o l , any In an  Advantages of  field  essay  Political  40  General p r i n c i p l e s of Moral and P o l i t i c a l Science may thus be e s t a b l i s h e d , by reasoning upon the r e s u l t s of experience; and from those p r i n c i p l e s , r u l e s f o r our guidance may be drawn, h i g h l y u s e f u l both i n the r e g u l a t i o n of the i n d i v i d u a l understanding, and i n the managing of the concerns of communities of men. To deny that Morals and P o l i t i c s may be reduced to a s c i e n c e , because the t r u t h s of N a t u r a l Philosophy r e s t upon more c l e a r evidence and assume a more p r e c i s e form, would be as absurd as to deny that experimental s c i e n c e i s d e s e r v i n g of the name, because i t s p r o o f s are more f e e b l e , and i t s p r o p o s i t i o n s l e s s d e f i n i t e and l e s s c l o s e l y connected together than those of pure mathematics. T h i s understanding  of ' s c i e n c e ' helps to e x p l a i n Brougham's  comprehensive range of knowledge. a u t h o r i t y on any  41  He c o u l d w r i t e with some  number of s u b j e c t s from  the h a b i t s of bees  42 to the e x i s t e n c e of The we  explicitly  God. S c o t t i s h i n f l u e n c e becomes e v i d e n t when  t u r n to Brougham's a t t i t u d e towards s o c i e t y .  L i k e almost  all  the other members of the S c o t t i s h S c h o o l , he d i d not  man  as an i s o l a t e d  reason, he was 'rights*.  i n d i v i d u a l but a s o c i a l being.  more i n c l i n e d  Although  he was  For  regard  this  to s t r e s s man's 'duty' than h i s  an ardent reformer, and  even looked  upon as an e x t r e m i s t by some of the o l d e r members of the S c o t t i s h School, Brougham b e l i e v e d that s o c i e t y was body and  t h a t a l l change should be g r a d u a l .  43  44  an o r g a n i c  In 1818,  he wrote  i n t h i s way about the o l d E n g l i s h r e f o r m e r s : They-knew w e l l t h a t man and nature, or r a t h e r i t s great Parent, must proceed by very d i f f e r e n t s t e p s ; and t h a t , while the l a t t e r , a c c o r d i n g to Lord Bacon's b e a u t i f u l o b s e r v a t i o n , engenders at once the  20 whole p l a n t , so that the rudiments of each part are to be formed i n the germ, from whence the l i g h t , the a i r , the shower, expand and educate the p e r f e c t v e g e t a b l e ; f i n i t e beings must be content to add t h i n g s to each other, and go on by s u c c e s s i v e experiments, step by step, u n t i l , through many t r i a l s and f a i l u r e s , they work something approaching to the o b j e c t of t h e i r wishes. Such an approach was  to l e a d i n e v i t a b l y  to d i f f i c u l t i e s i n  d e a l i n g with the Benthamite u t i l i t a r i a n s , was  f a r more mechanical.  Henry  was  much more l i k e a modern s o c i o l o g i s t  the p e r f e c t l y ordered u t o p i a . find  whose view of s o c i e t y  Brougham, on the other hand,  Thus,  than the advocate of  i t i s not s u r p r i s i n g to  that when the N a t i o n a l A s s o c i a t i o n f o r the Promotion of  S o c i a l S c i e n c e was  founded i n 1857  f o r the purpose of d i s c o v e r i n g  "the laws which govern men's h a b i t s and the p r i n c i p l e s of human nature, upon which the s t r u c t u r e of s o c i e t y and i t s movements depend"  Brougham took the c h a i r and d e l i v e r e d the 45  i n a u g u r a l address. In many of h i s essays, such as A D i s c o u r s e of the G b j e c t s , Advantages, and P l e a s u r e s of Science (1828), Brougham i n t r o d u c e d h i s s u b j e c t matter by e n c l o s i n g i t w i t h i n the  traditional 45 s t r u c t u r e s of moral p h i l o s o p h y . For example, he wrote: A f t e r the many i n s t a n c e s or samples which have now been given of the nature and o b j e c t s of N a t u r a l Science, we might proceed to a d i f f e r e n t f i e l d , and d e s c r i b e i n the same way the other grand branch of Human knowledge, t h a t which teaches the p r o p e r t i e s , or h a b i t s of 'mind* -- the ' i n t e l l e c t u a l f a c u l t i e s ' of man, or the powers of h i s u n d e r s t a n d i n g , by which he p e r c e i v e s , imagines, remembers, and reasons; -h i s 'moral f a c u l t i e s ' , or the f e e l i n g s and p a s s i o n s which i n f l u e n c e him; and, l a s t l y , as a c o n c l u s i o n or r e s u l t drawn from the whole, h i s ' d u t i e s ' both towards h i m s e l f as an i n d i v i d u a l , and towards o t h e r s as a member of s o c i e t y ; which l a s t head opens to our view the whole d o c t r i n e s of ' p o l i t i c a l s c i e n c e ' ,  21 i n c l u d i n g the nature of 'governments', and g e n e r a l l y o f ' l a w s ' . Again,  this  attended  i s a result  of h i s Edinburgh  l e c t u r e s on m o r a l  philosophy  from  Dugald  Account  an  s y n t h e s i s of the views of the S c o t t i s h  progress,  epistemology,  Brougham  seldom  comments  indicated  'policy'  training.  Stewart's active  of the L i f e  of  and W r i t i n g s  Brougham Stewart.  o f Adam S m i t h School  m o r a l i t y , and economics, ''  referred  on  And,  4  to Stewart  was  although  i n h i s w r i t i n g s , a l l of h i s  t h a t he had a g r e a t  deal  of r e s p e c t f o r  48  his  "revered  friend"  In summary, we  and  can say t h a t  the  'paradox' of S c o t t i s h  the  scientific  sociological with  Highland  interest And, to  teacher.  culture.  method, w h i l e  an e x e m p l a r o f  He a d v o c a t e d  adhering  c o n s t r u c t s o f moral  was  the use o f  t o t h e 'a p r i o r i '  philosophy.  b a c k w a r d n e s s a t t h e same t i m e  He was  other  regard  members o f t h e S c o t t i s h  the development  of c i v i l i z a t i o n  progress.  This p a r t i c u l a r l y  values  t o have an enormous  was  School,  v i e w e d , and p r o p o s e d  Scottish  and  disgusted  a s he took  i n the a n t i q u a r i a n s t u d i e s of G a e l i c l i f e  like  Brougham  Brougham  and  an language.  Brougham  tended  i n terms o f economic  s e t o f a t t i t u d e s and  i n f l u e n c e on t h e way solutions to, 'social  i n which facts'.  22  CHAPTER  SCOTTISH  I I  INSTITUTIONS  23 Before in  England,  Scottish of  turning  a  small  i t also and  1707,  Indeed, their  the  own  Henry 'respect and  social of  felt  reflected  identity  in  quick  Brougham  no  moreover, on  i f we  reform, poor  to  those  to  must  relief,  a of  He  for. Scottish large  part,  of  long  the  response  from  the  institutions.  being  the  of  been  assimilated  national  importance.  superiority  often  expressed  institutions Brougham  Scottish  consider  only  ^  of  England.  exception.  comprehend  and  on  of  had  Scottish  boast  specifically  are  we  in  not  aspect  threatened  danger  took  activities  another  c u l t u r e was  came'infco  were  admiration'  yet  uniquely  Scots  and  examine  a t t i t u d e s which  institutions  was  Brougham's  i t s identity  these  measures  law,  which  over  Therefore,  to  Scottish  institutions  print.  reform  d i s c u s s i o n of  legitimized  Scotland's  after  For  nation  maintained When  a  i t i s necessary  culture.  outside,  to  fully  in  modelled  his  word his  establishments. Brougham's  Scotland's  views  different  on  systems  education.  I If  he  had  his  followed  the  told  friend  his  wish,  theoretical Francis  Henry  Brougham  career Horner:  of  probably  his  teacher  would black.  have As  he  1  Science i s unquestionably a far finer f i e l d than Law or even p o l i t i c s : but w o r l d l y t h i n g s have t h e i r w e i g h t and t h e i r s w e e t s : an i n d e p e n d a n t spirit r e v o l t s f r o m t h e i d e a o f s u b s i s t i n g w h o l l y on any man's b o u n t y , e v e n on a f a t h e r ' s . So, to  in  1796,  which  he  Brougham was  began  admitted  in  his 1800.  studies He  for  spent  the  Scottish  several  years  Oar, as  24  a lawyer on the S c o t t i s h c i r c u i t .  However, as h i s l e t t e r s to  James Loch and F r a n c i s Horner i n d i c a t e , Brougham viewed the House of Commons as h i s " u l t i m a t e " o b j e c t i v e and h i s ambition was not s a t i s f i e d  to remain i n V.the s t i c k y bottom of Scots  2  law." and  Therefore,  a t L i n c o l n ' s Inn,  began h i s s t u d i e s of E n g l i s h law i n 1 B 0 4 . The  law;  he had h i s name entered  f u t u r e Lord  Chancellor  had l i t t l e  love f o r English  he regarded i t as a means to an end.  At the outset of  his  s t u d i e s , Brougham wrote to h i s f r i e n d Loch:. The E n g l i s h Bar i s i n a very great degree t e d i o u s , and, to say the l e a s t of i t , somewhat u n c e r t a i n . I look forward with no small horror to f i v e y e a r s ' d u l l unvaried drudgery, which must be undergone to o b t a i n the p r i v i l e g e of drudging s t i l l harder, among a s e t of d i s a g r e e a b l e people of b r u t a l manners and c o n f i n e d t a l e n t s .  The  i m p l i c i t assumption behind t h i s statement i s t h a t of the  s u p e r i o r i t y of S c o t t i s h law and lawyers.  Brougham here i s  u n d e r l i n i n g the fundamental d i f f e r e n c e between the two systems.  And, i f one wishes to understand Brougham's  future  a c t i v i t i e s as a l e g a l reformer, i t i s important to be aware of these d i f f e r e n c e s . When Brougham r e f e r r e d to the " b r u t a l manners and c o n f i n e d t a l e n t s " of E n g l i s h lawyers, he was doubtless to the c u l t u r a l Scots,  e l i t e of the S c o t t i s h l e g a l  comparing them  system.  For the  law was regarded as "not only a p r o f e s s i o n l e a d i n g to  p o l i t i c a l advancement but a l s o as a gentlemanly p u r s u i t and a guarantee of a l i b e r a l  mind."  4  Many S c o t t i s h lawyers doubled  as h i s t o r i a n s , w r i t e r s , a n t i q u a r i a n s ,  poets,  and  literary  5  critics.  The l i s t  i n c l u d e d such men as Walter S c o t t ,  Charles  25 Erskine, poetry a  Lord  and  novel  David  literary  was  Edinburgh  Karnes,  a  and  criticism  miserable  'literati'  Daiches  Lord  Jeffrey.  Brougham,  (although  h i s attempt  failure).  were  trained  they  were  notes,  In in  well  fact,  most  Scottish aware  too,  of  at  of  law. i t s  wrote writing  the And,  as  national  7 significance s many j u d g e s , a d v o c a t e s , a n d 'writers' regarded themselves, with v a r y i n g degrees of c o n s c i o u s awareness, as g u a r d i a n s of a p e c u l i a r l y Scottish tradition. They r e a l i z e d t h e n a t i o n a l c h a r a c t e r o f t h e S c o t t i s h l e g a l s y s t e m , and b e i n g an elite they r e g a r d e d themselves as l e a d e r s not o n l y of s o c i e t y but of n a t i o n a l thought. But  Scottish  elite  was  clientele;  -C-Qfn-mo'n  law  In  of  Common  which law  i t was  the  of  judge  law  have  was  a  Normans, made  became  example,  a  a  very  G-omrrron l a w their  by  more  different  the  and  complex  English  the  and  civil  in  local  than  just  i t s  system  from  the  course  began  of  and  English laws  o§  royal administration and  of  and  customary  time,  maze as  practices  the  refinements  unwieldy  law  of  tradition.  of  practices  later  In  amalgam  combination  feudal  the  law.  i s an  basis  complex  Anglo-Saxons,  of  characterized  England.  essense,  customs  the  law  improvisations  English  criminal  legislation.  an-extension  of  the  Each  new  For King's  g Court case  into had  the  to  be  business dealt  'writs'.  However,  they  extremely  were  English  law  became  legally  binding,  of  with  in  time  formal  private by  up  formal  these  written  'writs'  documents,  standard.  i t was  disputes.  to  And,  piled  the  because  judges  to  orders up  called and,  since  technicalities every  decide  'writ'  what  was  of was 'relevant  26 i n past cases and what was n o t . " ^ body of o f t e n c o n f l i c t i n g  Given the weighty  l e g i s l a t i o n which had  accumulated  over the c e n t u r i e s , t h i s c e r t a i n l y was no mean task. Brougham r e f e r r e d to the "drudgery" meant was t h i s system  of E n g l i s h  When  law, what he  of ' s t a r e d e c i s i s ' or the f o l l o w i n g of  precedent. S c o t t i s h law, on the other hand, had r o o t s a s . f a r and preceeding the 'auld A l l i a n c e ' with F r a n c e . ^ comparative was i n s u l a r .  back  It was  and cosmopolitan i n f l a v o u r where E n g l i s h law The absence  of a complex maze of l e g i s l a t i o n --  l a r g e l y due to the i n f l u e n c e of 'Romano-canonical'  law --  enabled i t to be much more e f f e c t i v e and f l e x i b l e  than i t s  English counterpart.  For insLance, S c o t l a n d ' s c r i m i n a l  laws  i n the e i g h t e e n t h and n i n e t e e n t h c e n t u r y were much fewer and ; l e s s harsh than those of England  during the same p e r i o d ; the  speed and c e r t a i n t y of punishment reduced  the need f o r a 12  m u l t i p l i c a t i o n of laws and bloody examples. S c o t t i s h law was capable of changing E n g l i s h law was not. Cooper  Furthermore,  with the times where  In The S c o t t i s h Legal T r a d i t i o n ,  Lord  writes:^ t e s t e d by the standards of the modern p h i l o s o p h y of j u r i s p r u d e n c e and by e x p e r i e n c e , the c l a s s i c a l law of S t a i r , E r s k i n e , and B e l l has proved to be eminently s u i t e d to S c o t t i s h needs and eminently capable of a d a p t a t i o n and adjustment to s o l v e the new problems of a transformed s o c i a l world, which i t s authors never beheld even i n a v i s i o n .  It was only a f t e r  the Napoleonic Wars that S c o t t i s h law began  to become absorbed  i n t o the law- of Great B r i t a i n  c h a g r i n of S c o t t i s h n a t i o n a l i s t s then and now.  -- much to the  27 As  was  the case  Scotland's influence  laws  were  o f Roman  became  the basis  Unlike  English  to,  Roman  or  with on  a l l human  France,  characterized  law.  Between  based  upon  throughout  c  definite  Roman  was  western  strictly  principles  i n time,  law', o r t h e law which societies.  Holland,  1 1 0 0 a n d 1 5 0 0 , Roman l a w  precedent  principles,  and  by t h e p r e d o m i n a n t  science  law, i n which  These  'natural  Germany,  for legal  l a w was  'equity'.  with  came  was  Europe.^  adhered  of  justice  t o be  equated  theoretically  law p r o b a b l y  first  4  binding  entered  15 Scotland of  through  the 'auld  was  Alliance'  received  studied  into  students  on'.their  legal  studies.  Roman in  upon  Thus,  law as a Common  was a  and  after  the  Scotland, to  carry  continuous This  law, S t a i r ' s (1773).  students  i n Holland  Scotland.  source  Roman l a w  However,  France  t o Leyden there  later,  was  'Institutions'  Both  works  relied  of i n s p i r a t i o n .  law a s t h e guide  reflected  Invariably,  for legislation  Scotland.^ this  Brougham  claimed  that  according and  went  between  'Institute'  law superseded  With that  Roman  ties  the period  Scottish  and Louvain.  of Scottish  (1681) and E r s k i n e ' s  During  France.  l a w on L o w l a n d  t h e two c l a s s i c s  heavily  from  Bourges,  usually  o f Roman  law.  (1329-1460) and even  cut the direct  Scottish  influence  and canon  Scotland  i n Orleans,  Reformation  in  church  sort  of legal  ~found i t was  English chaotic  to d e f i n i t e  Digesting  training,  law u n s a t i s f a c t o r y .  and i n d i r a  principles.  o f t h e Law,"  i t i s hardly  Brougham  need  of  In h i s e s s a y complained  surprising Repeatedly,  codification "On  t h e making  of the  he  28 backwardness  of English  law:  I am v e r y w e l l a s s u r e d t h a t w e r e a F r e n c h l a w y e r to pass a p o r t i o n of h i s time y e a r l y i n England as I do i n F r a n c e , h e w o u l d f i n d h i m s e l f exceedingly a t a l o s s t o a s c e r t a i n t h e many p o i n t s respecting which I have o c c a s i o n t o seek i n f o r m a t i o n , and h a r d l y ever t o seek i t i n v a i n , from t h e French Codes. S u p p o s e a n y one r e s o r t i n g t o o u r c o u n t r y i n t h i s way, w e r e t o a s k a f r i e n d i n w h a t b o o k h e must l o o k f o r i n f o r m a t i o n a s t o t h e l a w , e i t h e r c i v i l o r c r i m i n a l , u n d e r w h i c h he h a d come f o r a season' to l i u e : I w i l l v e n t u r e t o s a y a more perplexing question c o u l d n o t be p u t . Brougham left  went  on t o p o i n t  f a r t o o much  giving  rise  power  out that  the practice  i n t h e hands  to "the uncertain  state  o f Common l a w  of individuals, of c o n f l i c t i n g  thus  dicta of  18 Judges." was  However,  that The  i t failed difference  why  England  The  'natural  i t s weakest  to adjust between  to the times  t h e two  d i d not experience law' t h e o r i s t s  c h a r a c t e r i s t i c , he - - i t .was  systems  anything  argued,  helps  like  an  "obsolete."  to  explain  'enlightenment'.  of the enlightenment  looked  to  Stoic philosophy i n support o f l o g i c a l proof and d e f i n i t i o n : in jurisprudence. They a l s o b e l i e v e d t h a t ' n a t u r a l laws' applied  i n a l l the branches  o f human,  natural,  and t h e o l o g i c a l  19 science. reason  F o r them,  rather  than  law s h o u l d  historical  be  fact:  the r e f l e c t i o n 20  of  man's  Law i n i t s p r i m a r y a n d o r i g i n a l s e n s e , i n t h e s e n s e o f " n a t u r a l l a w " ( ' l e x n a t u r a l i s ' ) , c a n n e v e r be r e s o l v e d i n t o a sum o f m e r e l y a r b i t r a r y a c t s . Law i s not simply t h e sum t o t a l o f t h a t w h i c h h a s b e e n decreed and enacted; i t i s t h a t which originally arranges things. It i s "ordering order" ('ordo ordinans'), not "ordered order" ('ordo ordinatus'). The p e r f e c t c o n c e p t of law p r e s u p p o s e s w i t h o u t doubt a commandment a f f e c t i n g i n d i v i d u a l w i l l s . But t h i s commandment d o e s n o t c r e a t e t h e i d e a o f l a w a n d justice, i t i s subject to this idea. The  English  sixteenth  conception  century  writer  o f l a w was summarized  quite  i t as  different. 21 follows:  One  29 ( E n g l i s h customary law) i s so framed and f i t t e d to the nature and d i s p o s i t i o n of t h i s people, as we may say i t i s c o n n a t u r a l to the Nation, so as i t cannot p o s s i b l y be r u l e d by any other Law. T h i s Law t h e r e f o r e doth demonstrate the s t r e n g t h of w i t and reason and s e l f - s u f f i c i e n c e y which hath been always i n the People of t h i s Land, which have mads t h e i r own Laws out of t h e i r wisedom and experience ( l i k e a silk-worm that formeth a l l her web out of her s e l f o n e l y ) , not begging or borrowing a form of Commonweal, e i t h e r from 'Rome' or from 'Greece', as a l l other Nations of 'Europe' have done... Notice that the concept of 'reason' and 'nature' are used i n a very d i f f e r e n t  sense here than they a r e i n the w r i t i n g s of  the S c o t t i s h and French i n t e l l e c t u a l s . the wisdom of t r a d i t i o n , while customary.  'Reason' r e f e r s to  ' n a t u r a l ' simple means  The p r a c t i c e of E n g l i s h law p r e c l u d e d the  .enlightenment Edmund Burke's  n o t i o n of ' n a t u r a l law'. fundamental  of the French R e v o l u t i o n .  T h i s h e l p s to e x p l a i n  o p p o s i t i o n to the ' p h i l o s o p h e s ' In h i s c r i t i c i s m  of the  r-ev-Q-lti^e^ar-i.es i d e a l bf " j u s t i c e , " Burke employed the concepts  22 of  'reason' and 'nature' i n a t y p i c a l l y  E n g l i s h way.  For the S c o t t i s h t h i n k e r s , law was to be deduced from the p r i n c i p l e s of moral  philosophy.  They s t r e s s e d the d u t i e s  which each i n d i v i d u a l has i n the maintenance of s o c i a l In The Wealth  life.  of Nations, f o r example, Adam Smith p r e s e n t e d h i s  s u b j e c t as a branch of " j u r i s p r u d e n c e " and the " s c i e n c e of the legislator."  Lord Karnes was q u i t e r e p r e s e n t a t i v e of the  S c o t t i s h viewpoint when he claimed i n h i s Essays on the P r i n c i p l e s of M o r a l i t y and N a t u r a l R e l i g i o n  (1751) that a l l law has i t s  r o o t s i n man's 'moral  sense' or ' p e c u l i a r  biographer,  writes:  23 Ian Ross,  feeling'.  Karnes'  30 The o b j e c t s o f t h e ' p e c u l i a r f e e l i n g ' , justice, f a i t h , a n d t r u t h , a r e s t r i c t l y e n t a i l e d by o u r d u t y , a n d w i t h o u t them s o c i e t y w o u l d degenerate into anarchy. The whole d r i f t o f t h i s argument i s o f t h e g r e a t e s t i n t e r e s t when i t i s r e m e m b e r e d t h a t Home ( K a r n e s ) i s a S c o t s l a w y e r , presumably n u r t u r e d on S t a i r ' s ' I n s t i t u t i o n s ' , w i t h a l l i t s s t r e s s on t h e o p e r a t i o n o f r i g h t r e a s o n i n making moral and u l t i m a t e l y j u d i c i a l d e c i s i o n s : 'Law i s the d i c t a t e of reason determinig every rational being t o that which i s congruent f o r the nature thereof'. Similar  views  School.  John  largely in  from  Glasgow  were  Millar's  University  School  Brougham legal his  ideas  subject the  comes  Foreign  1761 t o 1 8 0 1 . ^  with  the moralistic  a fairly  derived  Henry.Brougham,  4  attitude  sharply  considered  prolificaly  on s u c h  t h e 'Holy  David  ofthe  himself.an topics  Hume  throughout  i n Scottish  attempted  of  expert  on t h e  as c o l o n i a l  policy,  and f o r e i g n  on " G e n e r a l  he c o n t i n u a l l y  ofthe  i n h i s treatment  Alliance',  In a n 1848 e s s a y  Policy",  knowledge  But h i s background  o u t most  o f power,  extensive  E r s k i n e , and Baron  Brougham  and wrote  intervention.  f o r example,  - - h e was P r o f e s s o r o f Law  from  and speeches.  policy.  balance  of the Scottish  towards law.  of Stair,  jurisprudence  philosophy,  training  evidences  writings  foreign  imbued  by a l l t h e members social  hislegal  t o o , was d e e p l y Scottish  held  P r i n c i p l e s of  to f i t specific 25  cases For  of foreign  example,  fleet  during  preserve failure  policy  he a r g u e d  within that  the Napoleonic  i t from  falling  of Britain  clearly  while Wars  ethical  principles.  the confiscation was j u s t i f i e d  o f Denmark's  i n order to  into  t h e hands  o f t h e enemy, t h e  to restore  the f l e e t  to i t s proper  owner  on after  t h e w a r was q u i t e  illegal,  since  i tcould  n o t be b a s e d -rrr  31  any that  moral p r i n c i p l e .  I t c o u l d only be h e l d on the grounds  'might i s r i g h t ' .  Brougham went on to maintain  that a  country's  f o r e i g n r e l a t i o n s should not r e f l e c t  i t s own s e l f -  interest,  but r a t h e r , the values of j u s t i c e and humanity.  Since i n t e r n a t i o n a l r e l a t i o n s should be conducted the bounds of moral law, Brougham advocated c o u n t r i e s i n t o a league rapacious aggressors.  f o r the defence  the union  within of a l l  of member s t a t e s a g a i n s t  However, the league was not to mdddle  i n the i n t e r n a l a f f a i r s of any of i t s members; the s i n s of the  'Holy A l l i a n c e ' were to be avoided a t a l l c o s t s .  little  d i f f e r e n c e to Brougham that h i s 'league'  to the p r a c t i c e of f o r e i g n p o l i c y f o r a league  i n h i s day.  I t made  d i d not conform The j u s t i f i c a t i o n  of t h i s s o r t e x i s t e d i n reason and moral law.  Brougham's views on f o r e i g n p o l i c y were d e r i v e d from ' n a t u r a l law' was  theory and, u l t i m a t e l y , from S t o i c p h i l o s o p h y . w e l l aware of t h i s .  And he  In "A H i s t o r i c a l View of the D o c t r i n e 26  of F o r e i g n P o l i c y " , he wrote: The Law of Nations, sometimes not ir^naccurately termed I n t e r n a t i o n a l law, was thus i n t r o d u c e d , or r a t h e r was reduced to a system; f o r i t s p r i n c i p l e s , grounded on the p l a i n maxims of n a t u r a l j u s t i c e , e x i s t e d a t a l l times, and were a t a l l times admitted i n argument, how widely soever departed from p r a c t i c e . . . The Roman Lawyers gave the name of Law of Nations ('Jus Gentium') to that branch of Law which we term N a t i o n a l ; namely, the law which a l l n a t i o n s use, the p r i n c i p l e s of n a t u r a l j u s t i c e which, being implanted i n the minds of a l l men, a r e r e c o g n i z e d by the m u n i c i p a l Laws of a l l n a t i o n s , and are the f o u n d a t i o n of a l l systems of jurisprudence. But what we term I n t e r n a t i o n a l law, the law that binds, or ought to bind independant s t a t e s i n t h e i r i n t e r c o u r s e and mutual r e l a t i o n s -the Law which regards a l l S t a t e s as forming one great community -- t h i s was termed by the Roman j u r i s t s , Natural Law ('Jus N a t u r a l e ' ) . (  32  Brougham's debt to the S c o t t i s h t r a d i t i o n of moral is fairly  c l e a r i n t h i s passage.  philosophy  It i s a l s o shown e a r l i e r on  i n the essay, when Brougham r e f e r r e d to Robertson's of Charles  History  V and Hume's Essay on the Balance of Power as the  source of many of h i s i d e a s .  The i n t e l l e c t u a l  lineage  was a  d i r e c t one. In c o n c l u s i o n ,  we can say that Brougham's a t t i t u d e towards  both l e g a l p r a c t i c e and theory training  was h e a v i l y determined by h i s  i n Scots law and h i s . s t u d y  of moral  philosophy.  Brougham was q u i t e convinced of the s u p e r i o r i t y of S c o t t i s h law  to the Common law of England, which he thought was a r c h a i c ,  confused, and u n j u s t .  It i s a l s o probable t h a t  d i s l i k e f o r E n g l i s h law r e f l e c t e d h i s i n b r e d nationalism.  At any r a t e , l i k e  Lord  Brougham's  Scottish  Mansfield  before him,  Henry Brougham was l i t t l e  impressed with the a e s t h e t i c  qualities  of E n g l i s h Common law.  He found the "silk-worm's web" to be  a sticky "trap."  II Henry Brougham was even more annoyed a t the E n g l i s h treatment of poverty than he was with t h e i r The  aspect  notion  of the E n g l i s h Poor Law which Brougham  of 'law'. detested  most was i t s encouragement of the " i d l e and the p r o f l i g a t e . " He c o n t r a s t e d Scotland:  t h i s s i t u a t i o n with the one which obtained i n  2 7  Scotland i s not a land where many v i s i o n a r i e s or s p e c u l a t o r s a r e to be found. M e t a p h y s i c a l l y as some of i t s i n h a b i t a n t s are i n c l i n e d , they have an u t t e r  33 c o n t e m p t f o r a n y t h i n g t h a t d o e s n o t p r o m o t e t h e i r cwn r e a l a n d s u b s t a n t i a l a d v a n t a g e . . . My p r a i s e o f t h e S c o t c h i s , t h a t t h e y know a n d f o l l o w w h a t i s t h e i r r e a l a d v a n t a g e , a n d t h a t t h e y do n o t s e e t h e advantages of v i c e and i d l e n e s s . Their youth are not b r o u g h t up i n v i c e a n d i d l e n e s s , b u t i n p e r s e v e r i n g , and industrious habits. To  Brougham's  destroyed  a  mind,  idleness  person's  was  "moral  the c a r d i n a l  sense."  s i n since i t  "Guilt",  "crime",  and  28 "impure and  desires"  were  the "records  t h e c u l t i v a t i o n of one's  "the  safeguard  preventative  against  of  Brougham's particularly which have moral  f a c u l t i e s , on  impure 29  attitude  Scottish  towards  philosophy  tone.  i n combination Such  School.  When  dropped  of  progress,  Malthus  supporters with  i t was were  Malthus,  hand,  a  views.were  a  does n o t of  traditionally Scottish typical  no c o i n c i d e n c e  shared  language i n  'sloth'  h i s bombshell  idleness. Long b e f o r e M a l t h u s a r g u e d o u g h t t o be h e l d d i s g r a c e f u l , "  of the  on t h e t h e o r i s t s  that  among  of the Edinburgh distaste  Scottish  h i s most Review.  f o r the 'vices'  that "dependent poverty t h e S c o t t i s h poor law had 30  been law  operating  be  on j u s t  had i t sb a s i s  distinction "placedin  was  were  had a  i t r e f l e c t s elements  with  the writers  they  and i d l e n e s s  The m o r a l i s t i c  Instead,  to poverty.  Along  the other  and " t h e true  and condemned  approach  ardent  work  flavour.  'industry'  utilitarian  human  desires"  Industry  crimes."  he p r a i s e d a  of idleness."  principle.  i n the Statute  made  alms  that  between  houses  o f 1579.  the impotent  or given  badges  The S c o t t i s h Here, poor,  poor  a  clear  who  were  t o beg" and the  to  of  34 "sturdy Thus, were  beggars"  only  t h e most  eligible  relief since  was  were  t o be  destitute:  for relief.  Even  calculated annually  funds  donation,  who  for this  they  were  purpose  "arrested  and  the aged,  widows,  then,  help  was  at the kirk  were  and  through  t o b e o f much  31  invalids,  scanty.  sessions.  obtained  not s u f f i c i e n t  scourged."  Poor However,  voluntary  help  to the  needy. In  times  failure the  of a g r i c u l t u r a l  scarcity,  o f 1783, t h e a b l e - b o d i e d  relief  Individual  necessary  to support  attempts  by l a n d l o r d s  reducing  rents  sporadic  and r e g i o n a l  distress  which  Inverness  o r making  way:  labourer himself  corn  was  as the  was  crop  unable  to  obtain  and h i s f a m i l y .  t o remedy  t o be o f much  occurred  i n this  cheap  such  the situation  by  a v a i l a b l e , were t o o use.  described  The  widespread  by one w i t n e s s  from  32  I cannot express t o you t h e m i s e r a b l e situation of t h i s c o u n t r y - - T h e r e a r e many g o o d f a r m e r s with t h e i r wives and c h i l d r e n b e g g i n g i n t h e s t r e e t s -L a s t h a r v e s t has f i n i s h e d t h e most o f them -- meal o r a n y k i n d o f v i c t u a l s c a n n o t be h a d f o r l o v e o r m o n e y , a n d b e f o r e t h e summer i s o v e r p e o p l e will d i e i n t h e f i e l d s f o r want. However,  despite  Scottish  landowners  outdoor In Law,  relief  which  practice  was  adamant  criticized  the eighteenth  characterized  the individual  by a  conditions, the  i n their  to the Scottish  Brougham  During  were  of such  f o r the able-bodied  comparison  humane.  of  the recurrence  opposition  poor. system,  the English  so vehemently, century, tacit  to subsistence.  to  33  was  English  Poor  relatively  Poor  Law  r e c o g n i t i o n . of the The S p e e n h a m l a n d  right  system,  35 introduced  by  conceived  to  the  Berkshire  bring  aid  to  magistrates in  distress.  However,  was  concept  the  alien  himself  was  severe  to  in  was  able-bodied labourers  agricultural an  1795,  the  'right  Scottish  his attack  on  in a  to  time  subsistence'  experience.^ such  a  of  Brougham  notion.  In  1834,  he  • . 35 said: They have s u c c e e d e d i n w h o l l y d i s c o n n e c t i n g the i d e a o f l a b o u r and i t s reward i n the minds o f the p e o p l e . . . P a r i s h a l l o w a n c e i s f a r worse than a d o l e b e c a u s e i t i s more c e r t a i n i n i t s n a t u r e -because i t i s b e t t e r known, more e s t a b l i s h e d -- b e c a u s e i t a p p r o a c h e s , i n t h e mind o f t h e p o o r , t o t h e i d e a o f a right. For  Brougham, t h e  since  i t removed  One law But, this was  right  might  reflected at  least  idea  s u b s i s t e n c e was  moral  suspect  in  duty  that  Calvinistic  seems  concerned  the  to  the  of  attitudes  to  to  be  correct.  r i d the  'true  of  be  permitted  individuals. the  towards  to  to  from  harshness  i t s application not  work  not  Scottish  work  and  idleness.  sixteenth  century  While  reformed  kirk'  of  the  idle  poor  Scotland, church  vagrants,  i t  was  35 also  the  'champion  and  his followers  for  their  of  social  continually  unchristian  labourer.  Indeed,  spiritual  reform  as  T.C.  included  plan  When  landowners, the  this  i t was other  idleness  Scottish  notes,  failed,  through  hand,  the  d i d , i n time,  thinking  on  the  no  the the  poor.  Knox's  of  the  General  come  a  of  and  the  for  relief  from  attitude  subject  poor  on  church  of  presbyterian to  landowners  program  poor  d4=i-e—te-o- o p p o s i t i o n fault  Knox  Scottish impotent  for basing  teco-uie  tithes.  and  towards  Smout a  f o r the  upbraided  behavior  37  On  justice'  play  the Assembly.  towards  significant  relief.  Once  work  role  Scottish  in poor  36 law  practice  Scots  on  had  been  firmly  r e l i g i o u s as  eighteenth  and  viewed  English  the  well  early  established,  as  practical  nineteenth  Poor  Law  immoral  defended  grounds.  century,  as  i t was  In  Scottish because  the  by late  clergymen  i t  encouraged  TO  idleness  and  institution is  safe  poor  to  law  irregularity. as  a  say  safeguard  that  policy,  They against  Calvinist  even  pointed  though  these  thought  to  their  own  'vices'.  eventually  its original  Therefore, did  i t  influence  e f f e c t was  felt  on  39 the  "psychological One  thing  towards  poverty,  extremely compared half  is  of  rather  than  the  certain,  as  a  result  the  of  poor  modest. the  the  cost  In  cost  A  of  History  relief  nineteenth  Such  figures  were  more  fact, this to the  view.  the  fact  Scottish  industry'. * image  of  to  (<£)  %  perpetuate than  was  there  their  one  attributed  that  that  Scotch of  155,121  Erougham He  that  in  Scottish  country  Poor  England  attitude was  Law,  in  Nicholls  the  first  4  1837  industrious  Henry  the  4,576,965  helped  the  plain."  century: ^  1840  Scot.  of  relief  of  with  Cost Eng.  institutional  the  was  educational  4  Indeed,it  the  hardworking  of  no  the  poor  from  5s  lO^d  3+1/6  Is  3d  myth  law  in  Scots  "success Scotland  like has  In  propagandists  instilled  Scot  the  counterparts.  great  people  practical  that  leading  which  Rate/Head  7+3/4  English  Scots'  system is  the  Pop.  in  come  life"  and  to  'habits  Brougham  reality?  question As  is  --  Nicholls  does  this  pointed  image  out,  have  there  was  any no  down  to  basis  in  lack  of  that  today. The  for  of  the us  37 vagabonds arrived its  and  in  beggars  Edinburgh  proportion  of  in Scotland. i n 1773,  beggars  When  they  was  as  were  great  Boswell  and  surprised i f not  Johnson  to  find  greater  that  than  42 similar in  towns  h i s book  streets those  of  of  vice."  4  Edinburgh late  And,  i n the  Age  as of  eighteenth century  London  --  of  work  the  in fact  southern reality  "the  more  resort  of  the  habits  of  of  disciplined  neighbours?  enterprising to  England.  Douglas  S i r Walter Edinburgh  misery,  and  Brougham  situation  English  the  was  may  have  back  unlike  poverty,  different.  thought  that  and  century,  there  is little  evidence  suggest  superior  work  Pollard  factories  would  'regular  habits.  tells  of  In  the  The  Genesis  difficulty  the  so,  but  the  Although  the  of  were  their  i t might  during  to  --  than  thought  in Scotland  quite  out  the  not  people  factories  It  were  industrious  quite  managers  Scottish  their  Sidney  points  Scott,  filth,  build  had  Young  3  What they  in  be  some better  eighteenth  that  the  Modern  Scottish  Scots  Management, textile  44 e x p e r i e n c e d i n r e c r u i t i n g and d i s c i p l i n i n g l a b o u r : In S c o t l a n d , s i n c e ' a l l t h e r e g u l a r l y t r a i n e d S c o t s peasantry d i s d a i n e d the idea of working e a r l y and l a t e , day a f t e r day, w i t h i n c o t t o n m i l l s ' , and ' i t was m o s t d i f f i c u l t t o i n d u c e a n y s o b e r , w e l l - d o i n g f a m i l y t o l e a v e t h e i r home t o go i n t o c o t t o n m i l l s as t h e n c o n d u c t e d ' , t h e f o u n d e r s o f t h e m i l l s had t o employ t h e scum o f t h e c i t i e s , o r s n a t c h a t p e o p l e in d i s t r e s s . . . G l a s c o w masters, indeed p r e f e r r e d the I r i s h , who w e r e d o c i l e a n d w i l l i n g t o t a k e s t a r v a t i o n wages. seem, t h e r e f o r e , t h a t habits'  unfounded.  and  the  'industry'  much of  the  vaunted  reputation  Scottish  people  for was  38  Regardless of t h e i r  e f f i c a c y , the  S c o t t i s h poor laws  r e f l e c t e d deep f e e l i n g s towards poverty and minds of Scots.  And,  while i t i s not  these views themselves were d e r i v e d  work i n  the  c l e a r to what  from the  extent  p r a c t i c e of poor  relief,  they were c e r t a i n l y to have a longstanding  the way  i n which the Scots p e r c e i v e d  e f f e c t upon  the problem of poverty.  These a t t i t u d e s were a l s o r e f l e c t e d i n S c o t t i s h circles.  I n v a r i a b l y , the  poor r e l i e f as an industry.  members of the  S c o t t i s h School viewed  encouragement to i d l e n e s s and  According  to A.W.  Coats:  intellectual  a threat  to  45  members of the S c o t t i s h school maintained that man possessed a n a t u r a l 'impulse to a c t i o n * , so t h a t the poor laws, by encouraging i d l e n e s s among those who had not yet developed an ' a c t i v e ' h a b i t of i n d u s t r y and e n f o r c i n g i d l e n e s s upon those who had, c o n s t i t u t e d a source of i n d i v i d u a l unhappiness as w e l l as a l o s s to s o c i e t y . Or,  as Lord  Karnes s u c c i n c t l y put  i t --  "men  by i n a c t i o n  degenerate i n t o o y s t e r s . " ^  '  4  However, there  i s yet another aspect  a t t i t u d e towards work and For  there  i s no  poverty which r e q u i r e s  doubt that the members of the  were extremely concerned about the ness.  of the  'enlightened' explanation.  S c o t t i s h School  problem of economic backward-  They equated poverty, such as that which e x i s t e d i n the  Highlands, with a low They a l s o considered  stage i n the  evolution  of  civilization.  work to be a fundamental duty of a l l  members of s o c i e t y , s i n c e without i t economic advance and raising of c u l t u r e could  not  became more than simply  an  occur.  In t h i s context,  the  pauperism  i n d i v i d u a l problem; i t became a  s e r i o u s menace to c i v i l i z a t i o n .  Thus, i t i s necessary  to  discuss  39 the t h e o r e t i c a l framework of the S c o t t i s h School i n g r e a t e r detail, In "Economics and H i s t o r y -- The S c o t t i s h Enlightenment," Andrew Skinner p o i n t s philosophy  out that a d i s t i n c t  feature  of the  of the S c o t t i s h School was i t s development of 47  economic h i s t o r y .  Indeed, S c o t t i s h t h i n k e r s  regarded h i s t o r i c a l  progress i n s p e c i f i c a l l y  typically  economic terms,  viewing the l e v e l of c i v i l i z a t i o n as dependant upon the stage _ 48 ' of socio-economic o r g a n i z a t i o n . Ferguson, M i l l a r , S t e u a r t , and 5mith developed t h i s method of a n a l y s i s q u i t e c l e a r l y i n their writings.  S i r James S t e u a r t ,  f o r example, b e l i e v e d  that  f e u d a l government r e s u l t e d from p r i m i t i v e methods of production  which were doomed from the minute that a g r i c u l t u r e 49  became capable of producing a s u r p l u s .  And, of course,  Adam Smith, i n The Wealth of Nations, b u i l t a n a l y s i s and c a r r i e d i t a step capitalist  f u r t h e r towards the idea of  organization.  Brougham too shared i n these views. political  upon t h i s type of  essays, he was quick  In h i s h i s t o r i c a l and  to p o i n t out the advantages  which the expansion of commerce brought about i n r a i s i n g the l e v e l of c i v i l i z a t i o n of the c o u n t r i e s which p a r t i c i p a t e d i n it.  He a l s o argued that the form of a c o u n t r y ' s government was  i n l a r g e measure, caused by i t s economic s t r u c t u r e . r e p u b l i c s and mixed governments c o u l d only which were advanced This  economically.  Thus,  exist i n countries  50  ' m a t e r i a l i s t i c ' i n t e r p r e t a t i o n of h i s t o r y can be  t r a c e d back to David Hume, to whom Brougham o f t e n r e f e r r e d i n h i s own w r i t i n g s .  In an essay e n t i t l e d  "Of Refinement i n the  40  A r t s , " Hume argued that c i v i l i z a t i o n  and economic  advance  were i n s e p a r a b l e : Industry i s much promoted by the knowledge i n s e p e r a b l e from ages of a r t and refinement; as, on the other hand, t h i s knowledge enables the p u b l i c to make the best advantage of the i n d u s t r y of i t s s u b j e c t s . Laws, order p o l i c e , d i s c i p l i n e ; these can.never be c a r r i e d to any degree of p e r f e c t i o n , before human reason has r e f i n e d i t s e l f by e x e r c i s e , and by an a p p l i c a t i o n to the more v u l g a r a r t s , at l e a s t , of commerce and manufacture. Can we expect, that a government w i l l be w e l l modelled by a people, who know not how to make a spinning-wheel, or to employ a loom to advantage? The m a t e r i a l i s t i c approach, as Skinner shows i n h i s essay, was most c l e a r l y  developed i n the work of Adam Smith and Brougham's 52  teacher, John M i l l a r .  However, one should not overlook the  work of other S c o t t i s h t h i n k e r s such as Dluir, Stewart, and Brougham's great u n c l e , Economic  Robertson.  thought d i d not merely c o n s t i t u t e one area of  study f o r the S c o t t i s h t h i n k e r s .  As Ronald Meek argues i n "The  S c o t t i s h C o n t r i b u t i o n to M a r x i s t S o c i o l o g y , " the S c o t t i s h School laid  i t s "primary emphasis  on the development  of economic  53  techniques and economic  relationships."  as Bryson c l a i m s , that S c o t t i s h economic  While i t i s t r u e , thought was only one  branch of moral p h i l o s o p h y , i t i s n e v e r t h e l e s s c l e a r that i t 54  achieved predominance  over a l l the other ones.  F o r , i f one  b e l i e v e s that the most important ' n a t u r a l laws' of s o c i a l are n e c e s s a r i l y  economic  life  ones, then moral p h i l o s o p h y , f o r a l l  i n t e n t s and purposes, tends to approach p o l i t i c a l Both M i l l a r and Smith viewed  economy.  human r e l a t i o n s h i p s  i n terms of dependence upon the 'mode of p r o d u c t i o n ' .  primarily According  to Smith, a l l men were born with.the " p r o p e n s i t y to t r u c k , b a r t e r , and exchange one t h i n g  f o r another" as w e l l as a d e s i r e  4 1  for  55  self-improvement.  primitive "arise  savage  not  so  and  much  The  the  from  d i f f e r e n c e between  most  enlightened  nature  as  from  man  the  most  seemed  habit,  to  custom,  and  56 education." of  the  the  division of  Once  complex  a  the  simple  Since,  for  labour  Smith of the  to  were  in  dependent  society.  Smith,  to  in  In  upon  the  fact,  the  extent  Smith  understood  theory  of  history,  Smith  the  individual  "The  work  a l l men  and  E.J.  the  of  Hundert  arrive  at  a  enlightenment  to  f i t his  demonstrated  that  division i t  self-help.  Conception  to  the  work  of  within i t .  self-aggrandizement, of  outcome  reduced  moral  for  adapting  e q u a l i t y of  for  been  an  England,"  earlier  By  the  only  had  was  thesis,  Industrial Hume's  of  importance  doctoral  human n a t u r e . ^ potential  duty  propensity  stress  on  the  relationships  i t remained  a l l progress  man's  Early  built  societal  model,  clarify  unpublished  Worker  of  economic  and  necessary an  turn  labour  progress  philosopher  of  of  in  i n t e l l e c t u a l i d e a s i n t h e same t e r m s a s he d i d 57 p r o d u c t i o n of p i n s : In t h e p r o g r e s s o f s o c i e t y , p h i l o s o p h y or s p e c u l a t i o n becomes, l i k e every o t h e r employment, the principal or s o l e t r a d e and o c c u p a t i o n o f a p a r t i c u l a r c l a s s o f c i t i z e n s . . . E a c h i n d i v i d u a l b e c o m e s more e x p e r t i n h i s own p e c u l i a r branch, more work i s done u p o n t h e whole, and the q u a n t i t y of s c i e n c e i s c o n s i d e r a b l y i n c r e a s e d by i t .  the  to  These  Work  In  and  shows new  was  the  how  theory  belief  in  materialistic  i t was  necessary  59 and  natural  simply  been  T.C. Scottish  f o r a l l men brought  Smout  up  argues  enlightenment  "Calvinist  habits  of  to in that may  work. bad  Those  who  were  idle  nature  of  had  habits.  the have  reflection  materialistic been and  connected  with  seriousness  of  the  individual  42 purpose."^  0  3y t h i s he means that once the i n f l u e n c e of the  ' k i r k ' had diminished,  the energy and d r i v e of S c o t t i s h  i n t e l l e c t u a l s became c h a n n e l l e d  into secular  objectives.  In  essence, Smout's argument i s s i m i l a r to the one put f o r t h by Max Weber i n The P r o t e s t a n t  E t h i c and the S p i r i t  except that i t i s a p p l i e d to the i n t e l l e c t u a l On the other  life  hand, Ronald Week does not see any  between C a l v i n i s m  and economic theory  of C a p i t a l i s m , of S c o t l a n d .  connection  i n Scotland.  he argues that socio-economic thought of t h i s kind  Instead, isa  • f u n c t i o n ' of the ' r a p i d i t y of economic advance' and 'the facility  f o r observing  of economic growth'.  c o n t r a s t i n g areas a t d i f f e r e n t stages According  development of Lowland Scotland Scottish i n t e l l e c t u a l habits.  to meek, the r a p i d economic had an enormous i n f l u e n c e on He goes on to p o i n t  out t h a t : ^  1  the new forms of economic o r g a n i z a t i o n s which were emerging c o u l d be f a i r l y e a s i l y c o n t r a s t e d with the forms of o r g a n i z a t i o n which s t i l l e x i s t e d , say, i n the S c o t t i s h h i g h l a n d s .  62 Andrew Skinner makes much the same c l a i m i n h i s a r t i c l e . The  validity  of Week's t h e s i s can be e a s i l y  at the l a r g e number of comparative r e f e r e n c e s  seen by l o o k i n g  made by S c o t t i s h  63 i n t e l l e c t u a l s t o England and to the Highlands. i s no need to regard exclusive.  However, there  Smout and Week's theses as mutually  The m a t e r i a l i s t i c  nature of the S c o t t i s h  enlightenment had i t s roots i n t r a d i t i o n a l a t t i t u d e s towards work and poverty.  T h i s was d o u b t l e s s  a s p e c t s of C a l v i n i s t  thought.  r e i n f o r c e d by c e r t a i n  At the same time, such an  i n t e r p r e t a t i o n was h e a v i l y i n f l u e n c e d  by the sharp  contrast  >  43  between the Highlands and Lowlands  as w e l l as the comparison  with England. All  these elements can most c e r t a i n l y  writings.  be found i n Brougham's  He was an advocate of ' r e f l e c t i o n ' and s e l f - h e l p ; he  regarded the backwardness  of Highland l i f e  with d i s g u s t ; and  he h e a r t i l y approved of the S c o t t i s h poor law. i m p o s s i b l e , however, to estimate the r e l a t i v e these f a c t o r s .  It would be  importance bf  Brougham was h e i r to a s u c c e s s i o n of economic  thought which had been developing from Hume to Smith. r e c e i v e d the ideas of p o l i t i c a l  Brougham  economy from h i s mentor,  Dugald Stewart, and through d i s c u s s i o n i n the S p e c u l a t i v e Society.^  4  It i s not s u r p r i s i n g ,  t h e r e f o r e , to f i n d  that  Brougham c o n s i d e r e d h i m s e l f to be a d i s c i p l e of Adam Smith. In L i v e s of tha P h i l o s o p h e r s of the Time of George  I I I , Brougham  . 65 wrote: the general soundness of Dr. Smith's views upon t h i s important s u b j e c t ( p o l i t i c a l economy) has never been q u e s t i o n e d by persons of good a u t h o r i t y . Since Brougham accepted Smith's a n a l y s i s of the p r o g r e s s of s o c i e t y , he b e l i e v e d that i t was the e t h i c a l  duty of a l l men  to labour f o r the common good and to t r y to improve condition.  their  The socio-economic system, seen i n Smith's  operates smoothly only when the d e s i r a b i l i t y  terms,  of work has been  accepted as the main requirement of c i t i z e n s h i p .  The e t h i c a l  nature of work d e r i v e s from the main tenet of moral p h i l o s o p h y that man i s a s o c i a l c r e a t u r e and h i s duty i s towards the betterment of s o c i e t y as a whole. men, s p e c i f i c a l l y  The problem i s -- how can  the lower o r d e r s of s o c i e t y , be brought to  44  realize the  their  solution  moral  duty?  F o r Brougham,  l a y i n 'moral  a s f o r many  Scots,  education'.  Ill On D e c e m b e r James  Loch,  magazines  12, 1803, Brougham  i n which  i n  he i n c l u d e d  wrote  some  a letter  statistics  to h i s friend, on t h e s a l e o f  Britain:^  of t h e F a r m e r ' s M a g a z i n e 4200 a r e s o l d : of these 300 i n I r e l a n d a n d a b o u t 1000 i n E n g l a n d . . . Meantime i t i s s i n g u l a r t o remark t h e d i f f e r e n t c i r c u l a t i o n o f i t i n t h e t w o p a r t s o f t h i s i s l a n d -n o t a s t o t h e n u m b e r s s o l d -- b u t t h e d e s c r i p t i o n of the purchasers. In England t h e gentlemen alone t a k e i t . I n S c o t l a n d i t i s c i r c u l a t e d among t h e f a r m e r s f u l l y a s much a s t h e l a n d l o r d s . I am t h e m o r e p l e a s e d wh. f i n d i n g t h i s t o b e t h e c a s e t h a n I had p r e d i c t e d t o m y s e l f b e f o r e I a s k e d Constable i f i t was n o t s o . Brougham in  was h e r e  Scotland.  has  to prove  attitude  Brougham's  h i s pride  The c h a u v i n i s t i c  something  flamboyant,  expressing  pride  out:  "Scotland  Isles  could  - - i t  reflects  who  Still,  As M.C  countries  l a y claim at the beginning  literacy  the insecure, yet  justification.  of the four  of  i s t h e o n e o f a man  of the S c o t t i s h ' l i t e r a t i ' .  h a d some alone  tone  i n the extent  Jones  of the  points  British  of the eighteenth  century  6 7  to  a n a t i o n a l system Brougham  parochial he c l a i m e d  "most  education. that  precious  praising  I n a House  the S c o t t i s h system of o f Commons s p e e c h  "national education upon  the education  always  education."  was f o r e v e r  immortal.honour that  of  i t si n h a b i t a n t s . " ^  to attack  I n word  reflects  He w e n t  s t a t u t e o f 1696 was one o f  legacies."  prepared  i n Scotland  or p r i n t ,  the E n g l i s h system  i n 1618,  on t o s a y  Scotland's Crougham  was  of education,  or  45  compare i t unfavourably  with that of S c o t l a n d .  to S c o t t i s h education i s s i g n i f i c a n t  T h i s attachment  f o r Brougham was  to  become the acknowledged l e a d e r of tha movement f o r u n i v e r s a l  69 education i n England aim was  a f t e r 1811.  furthermore,  his basic  to e s t a b l i s h a n a t i o n a l system of education on  S c o t t i s h model.  Thus, i n order to understand  baggage' which Brougham brought m i l i e u , i t i s necessary of S c o t t i s h  to England  the  from  the  'mental  the  Scottish  to examine the b a s i c c h a r a c t e r i s t i c s  education.  In c o n t r a s t to t h e i r southern  neighbour,  the Lowland  Scots  had a s t r o n g f a i t h i n the b e n e f i t s of u n i v e r s a l e d u c a t i o n . Calvinist understand  b e l i e f t h a t each man  h i s b i b l e had ensured  the Lowlands. this.  should be a b l e to read widespread  literacy  and throughout  But the r e l i g i o u s i n f l u e n c e went f a r beyond  Education, f o r Knox and  h i s f o l l o w e r s , had as i t s  fundamental purpose the i n c u l c a t i o n of h a b i t s of d i s c i p l i n e ' i n a l l the members of the k i r k . the c o n v i c t i o n that man T.C.  The  was  not born  'Godly  It was  rooted i n  i n n o c e n t , but i n s i n . 70  Smout d e s c r i b e s the r e l i g i o u s i n f l u e n c e thuss The sphere of e c c l e s i a s t i c a l d i s c i p l i n e was c a r e f u l l y and s h a r p l y d e f i n e d : ' i t stands i n r e p r o v i n g and c o r r e c t i n g of those f a u l t s which the c i v i l sword doth e i t h e r n e g l e c t e i t h e r may not punish... drunkenness, excess (be i t i n a p p a r e l or be i t i n e a t i n g and d r i n k i n g ) , f o r n i c a t i o n , o p p r e s s i o n of the poor by e x a c t i o n s , d e c e i v i n g them i n buying and s e l l i n g by wrong mete or measure, wanton words and l i c e n c i o u s l i v i n g tending to s l a n d e r do p r o p e r l y a p p e r t a i n to the Church to punish the same as God's words commandeth' ...The whole system of d i s c i p l i n e was to be supplemented by a n a t i o n a l scheme f o r e d u c a t i o n , f o r while d i s c i p l i n e serves merely to c o r r e c t the a d u l t a f t e r the o f f e n c e , education by touching the  46  soul Although  of the c h i l d may  a l t o g e t h e r a v o i d the s i n .  the power of the o l d k i r k g r a d u a l l y d e c l i n e d during  the e i g h t e e n t h century, i t s i n f l u e n c e c o n t i n u e d to be f e l t i n the importance  which the Scots a t t a c h e d to e d u c a t i o n .  education r e t a i n e d i t s moral f l a v o u r u n t i l w e l l i n t o n i n e t e e n t h century  (and, indeed,  S c o t t i s h education, although standards, was As we  moral and w o r k - o r i e n t a t e d had  limited  success.  the  i n the t w e n t i e t h c e n t u r y ) . praiseworthy  never a l l that i t s admirers  have seen, attempts  Scottish  by S-r^trrs~h  thought  i t to be.  to provide the Highlanders with a education i n the e i g h t e e n t h century  Even i n the Lowlands, there were great 71  r e g i o n a l d i f f e r e n c e s i n the q u a l i t y of e d u c a t i o n . s c h o o l s o f t e n taught a wide v a r i e t y of s u b j e c t s , a t a f t e r the t r a d i t i o n a l  Calvinist  instruction  down by the i n f l u e n c e of Moderates.  The  But  i t cannot  been watered  of a much more  be denied t h a t almost a l l  Lowlanders were p r o v i d e d with a minimum standard of throughout Two except  least  e d u c a t i o n a l f a r e of  the v i l l a g e s c h o o l s , on the other hand, was humble s o r t .  had  Burgh  literacy  the e i g h t e e n t h c e n t u r y .  f a c t s about S c o t t i s h education are s i g n i f i c a n t  First,  i n cases of e x c e p t i o n a l poverty, parents were r e q u i r e d to  pay a s m a l l fee f o r the i n s t r u c t i o n of t h e i r c h i l d r e n . way,  i t was  felt  that education would be valued as a p r i v i l e g e  r a t h e r than a r i g h t and destroyed.  In t h i s  individual  i n c e n t i v e would not  Second, the g e n e r a l d i f f u s i o n  of education  be (combined  with the r e l a t i v e poverty of the upper c l a s s e s ) r e s u l t e d 72  g r e a t e r mixing  of c l a s s e s of S c o t l a n d than  in  England.  ina  47  Upward s o c i a l m o b i l i t y was not so uncommon i n S c o t l a n d either.  During the a g r i c u l t u r a l r e v o l u t i o n of the second  h a l f of the eighteenth  century,  an independent c l a s s of  yeoman farmers came i n t o e x i s t e n c e ,  l a r g e l y as a r e s u l t of  73  educational  opportunities:  'This i s a s c r i b e d c h i e f l y to the examples of a p e r f e c t c u l t i v a t i o n s e t by many of t h e i r a n c e s t o r s , j o i n e d to the c a p i t a l possessed by most of them, and to the good education they r e c e i v e : which i n many i n s t a n c e s i s p e r f e c t e d a t the U n i v e r s i t y ' . T h i s absence of r i g i d helps  d i s t i n c t i o n s i n Scottish society  to e x p l a i n Brougham's d i s l i k e  artificial  distinctions.  of t i t l e s and other  It a l s o e x p l a i n s  why Scotsmen of  t a l e n t , i n c l u d i n g Brougham, were regarded as " o d d i t i e s " i n English p o l i t e society. criticizing  Scotsmen u s u a l l y r e t o r t e d by  ' s a l o n ' c u l t u r e and c l a i n i n g that they were  p r a c t i c a l men -- thereby r e v e a l i n g t h e i r consciousness.''  4  On the other  hand,it  own d e f e n s i v e  i s fairly  self-  c l e a r that  s o c i a l m o b i l i t y and the mixing of c l a s s e s i n S c o t l a n d d i d result  i n "a r e l a t i v e absence of s o c i a l  tension"  i n that  75  country.  Thus, Scots l i k e  Brougham found i t d i f f i c u l t to  understand the argument of many Englishmen^ that the education  of the lower orders  S c o t t i s h education opposition  would only  r e s u l t i n c l a s s war.  had the important  e f f e c t of easing the  between c l a s s e s .  But b y f a r the most  c h a r a c t e r i s t i c of the system d e r i v e d  from i t s h i s t o r i c a l  r e l a t i o n s h i p to the treatment of p o v e r t y . - - j h a t s t r e s s on ' i n d u s t r y ' and 'habits  significant  is,  its  or prudence'.  While N i c h o l l s , the n i n e t e e n t h  century  a u t h o r i t y on the  48 Poor  Law, was  towards of  extremely  poverty,  Scottish  critical  of the S c o t t i s h  h i s p r a i s e of the "enlightened  education  was  excessive.  He  attitude policy"  noted  that  every  76 parish out  school  that  schoolmasters  of  the poor  to  connect  with  their To  a  Poverty,  free  were  attitude  which  towards  crime,  incessantly.  the Scottish  the Scots  the c h i l d r e n  Nicholls attached  the connection  In the speech  was  a  the products  remedy.  educational  pointed  failed to  education  poverty.  i n the 'right  the only  He a l s o  to provide  However,  a n d i d l e n e s s were  education  teacher.  required  education.  the importance  m o r a l i t y was  theme on  with  qualified  s e n s i b l e Scotsman,  upbringing; and  had a w e l l  principles' Brougham  direct  o f poor of i n d u s t r y  repeated  this  o f 1 8 1 8 , he l a v i s h e d  system,  claiming  one,  that  praise  i thad  77 become  At  t h e example f o r o t h e r c o u n t r i e s : In Sweden, where a number o f n o b l e f a m i l i e s a r e o f S c o t c h e x t r a c t i o n , s o m e t h i n g upon t h e model of the p a r i s h - s c h o o l system has l o n g been established. I n t h e S w i s s c a n t o n s , a n d i n many of t h e P r o t e s t a n t c o u n t r i e s o f Germany, t h e e x a m p l e h a s b e e n f o l l o w e d , w i t h more o r l e s s c l o s e n e s s , and whenever t h e p l a n has been adopted i t s i n f l u e n c e upon t h e improvement of t h e lower c l a s s e s and t h e g e n e r a l w e l l being o f s o c i e t y has...been abundantly manifest.  t h e same  emphasized  time,  by c i t i n g  the importance  the case  of America,  of education  Brougham  for inculcating  good  78 work  habits: That i s s u r e l y t h e l a s t c o u n t r y i n t h e world where i d l e n e s s c a n e x p e c t t o f i n d encouragement... An i d l e r t h e r e i s a k i n d o f m o n s t e r . . . s u c h i s t h e c o n v i c t i o n there t h a t popular e d u c a t i o n forms the best foundation of n a t i o n a l p r o s p e r i t y , that, i n a l l t h e g r a n t s made b y t h e G o v e r n m e n t . . . t h e  49 t w e n t i e t h l o t i s r e s e r v e d f o r the expense i n s t r u c t i n g and m a i n t a i n i n g the p o o r . Thus,  the  national rested  solution  poverty  prosperity', for  in  Given  and  'the  Brougham  foundation  and  other  of  Scots,  always  education. the  education,  deep  religious  i t is not  "great  flurry  second  half  of  to  of  surprising  historical  to  find  over  education"  in  the  eighteenth  century.  of  education  and  as  i f i t were  that  roots  of  there  was  intellectual  merely  one  the  a  circles  Gladys of  Scottish  in  Bryson  social  the  treats institutions  79 which  came  under  mistaken.  Almost  importance  of  themselves  and  very the  took The  floral  philosophy  from and  sense'  habit.  But  It  is  social  and  mould  the  had  will  not  always  their  important.  were  economic  'self-help'. comes  out  essay  'of  Refinement  in  the  the  teachers  faith  in  discovering  do  of  And, ones,  quite  the  what  'reason'  The  Arts:"  of  the  reason  80  is  knowledge  deriving  result this  were  unlimited  task  then  a  stressed  them of  She  minds.  and  so  industry  of  lifie  precisely  laws  thinker  diffusers  mens'  interst;  was  philosophy.  most  School  itself  men  for  ' i n d u s t r y ' and  education  as  d e f e c t i v e as  principles'  important were  set  social  become  fact,  role  to  s o c i e t y ' s best can  'right  them.  In  moral  Scottish  Scottish  education  govern  of  major  their  of  duty  and  every  power  which  scrutiny  education.  seriously.  laws  own  the  and  of  custom  education the  in  most  'principles'  relationship clearly  their  'moral  evils  since these  individual's  is in  that  the  in  between Hume's  50 Thus ' i n d u s t r y ' , 'knowledge', and 'humanity,' are l i n k e d t o g e t h e r by a n i n d i s s o l u b l e c h a i n , a n d are f o u n d , f r o m e x p e r i e n c e a s w e l l a s r e a s o n , t o be p e c u l i a r t o t h e more p o l i s h e d , a n d , what a r e c o m m o n l y d e n o m i n a t e d , t h e more l u x u r i o u s a g e s . . . B u t i n d u s t r y , knowledge, and humanity, a r e not advantageous i n p r i v a t e l i f e alone: They diffuse t h e i r b e n e f i c i a l i n f l u e n c e on t h e ' p u b l i c ' , and r e n d e r the government as g r e a t and flourishing a s t h e y make i n d i v i d u a l s h a p p y a n d prosperous. Brougham be  went  taught  so  the  f a r as  to  principles  suggest  of  that  'political  the  lower  economy':  orders  should  81  I can h a r d l y imagine, f o r example, a g r e a t e r s e r v i c e b e i n g r e n d e r e d t o t h e men, than expounding t o them t h e t r u e p r i n c i p l e s and m u t u a l relations of p o p u l a t i o n and wages So,  the  moral was  duty  to  moral but  necessity  their  to  the  the  the  claimed,  their  that  the  clear  the  moral  well-being the  faith  the  inculcating  Scottish  duty of  in  contained  individual's  in  the  to  serve  of  borrowed  innate  rasa,*  upon  of  system. from In  Locke  ideas.  i t  God,  education.  (1690),  as  case  socio-economic  Understanding  a ''tabula  not  School  t h e power  the  philosophers  Only, was  the  Scottish  mind  was  for  forerunners.  Human  mind  to  one's  French,  Concerning  belief  education  Calvinist  ensure  buttress  Essay  as  philosophy,  Like to  was  of  Locke his  attacked Instead,  which  he  sensations  82 made all  an  impression.  human  values  t h e r e i s no b e t w e e n men  are  A a  corollary  product  of  of  this  argument  environment  n a t u r a l s u p e r i o r i t y of i n t e l l e c t ; i s a r e s u l t of t h e i r u p b r i n g i n g .  theorists  seized  upon  important  principles  Locke's from  toleration...;  ideas  them:  and  and  was  habit.  that Also,  the d i f f e r e n c e Enlightenment  derived  several  8 3  acceptance  of  the  potential  equality  51 o f man...; t h e a s s u m p t i o n t h a t s o c i e t y by t h e r e g u l a t i o n of m a t e r i a l c o n d i t i o n s , could promote t h e m o r a l i m p r o v e m e n t o f i t s m e m b e r s ; a new p s y c h o l o g y a n d a new a t t i t u d e t o w a r d s education, b a s e d o n t h e b e l i e f t h a t human i r r a t i o n a l i t y was the product of erroneous a s s o c i a t i o n s of i d e a s , t h a t had become f i x e d i n c h i l d h o o d . Enlightenment  thinkers,  hope f o r t h e f u t u r e  as they  of mankind  interpreted through  Locke,  moral  and  saw  great  educational  uplift. Adam he  Smith  attached  c e r t a i n l y concurred  a characteristically  with  these  economic  ideas,  although  interpretation to  OA  them.  He  wrote: The d i f f e r e n c e b e t w e e n t h e m o s t d i s s i m i l a r c h a r a c t e r s , between a p h i l o s o p h e r a n d a common s t r e e t p o r t e r , f o r e x a m p l e , seems t o a r i s e n o t s o much f r o m n a t u r e a s f r o m h a b i t , c u s t o m , a n d education. When t h e y came i n t o t h e w o r l d , a n d for the f i r s t s i x or eight years of t h e i r e x i s t e n c e , t h e y w e r e p e r h a p s v e r y much a l i k e , and n e i t h e r t h e i r p a r e n t s n o r p l a y - f e l l o w s c o u l d p e r c e i v e any remarkable d i f f e r e n c e . About t h a t a g e , o r s o o n a f t e r , t h e y come t o b e employed i n very d i f f e r e n t occupations.  The  conclusion  between  men  of Smith's  For  i s clear  i s n o t a r e s u l t of h e r e d i t y  Brougham w o u l d of  argument  have a g r e e d  the c r i t i c a l Brougham,  with  age a t which  the early  Smith  but except  -- t h e d i f f e r e n c e education. i n his analysis  a c h i l d ' s education  formation  o f good  habits  should  begin.  was a l l  . . 85 important:  t h i s a g e i t i s b r o u g h t up i n d i s s i p a t i o n a n d ignorance, i n a l l the baseness of b r u t a l h a b i t s , and i n t h a t v a c a n c y o f mind w h i c h s u c h h a b i t s create, i t i s i n vain t o attempt to reclaim i t by t e a c h i n g i t r e a d i n g a n d w r i t i n g . Y o u may t e a c h what you c h o o s e a f t e r w a r d s , b u t you have not p r e v e n t e d t h e f o r m a t i o n of bad h a b i t s , you w i l l teach i n vain.  52  For  t h i s reason, i n a d d i t i o n  national  to h i s e f f o r t s on behalf  education i n England, Brougham was concerned  with the e s t a b l i s h m e n t of 'Infant habits'  could  be i n s t i l l e d  blasphemy."  Schools'.  Here,  'moral  i n young minds before they  be exposed to the " n u r s e r i e s and  of  of o b s c e n i t y ,  could  vulgarity, vice,  fl f\  Henry Brougham's c o n c e p t i o n of e d u c a t i o n and i t s e f f i c a c y was informed by h i s S c o t t i s h background.  In p r a c t i c e and i n  theory, the Scots were convinced of the power of e d u c a t i o n to shape 'moral beings'.  By moral beings, they meant  industrious,  prudent, and s e l f - d i s c i p l i n e d i n d i v i d u a l s who were aware o f , and c a r r i e d out, t h e i r duty to the community.  Brougham's  i n the b e n e f i c i a l e f f e c t s of S c o t t i s h e d u c a t i o n we^e reinforced  by h i s t r a i n i n g as a moral p h i l o s o p h e r .  saw the s i c k n e s s e s was only  natural  which were b e s e t t i n g  that  English  pride thus  When he  society, i t  he should regard education i n ' r i g h t  p r i n c i p l e s ' as the remedy.  IV  Theory and p r a c t i c e i n the S c o t t i s h m i l i e u cannot be categorized  i n any a r t i f i c i a l  they i n t e r a c t e d life it  i n a highly  was i n f l u e n c e d  greatly  was a l s o c h a r a c t e r i z e d  about s o c i e t y ,  order of importance.  complex way.  intellectual  by the French enlightenment, but  by s p e c i f i c a l l y  Scottish  feelings  ' n a t u r a l ..law' , and the development of i n d u s t r y .  These, i n turn, were r e i n f o r c e d lawless,  Scottish  Rather,  barbaric  by the c o n t r a s t  Highlands and the P r o t e s t a n t ,  between the commercial  53 Lowlands.  Historical  Calvinism work,  long  influx  England.  distaste part  a  Lord  practice  attitude These  revealing  to h i s Scottish  national  Scottish effects  pride"  t h e same  time,  he was  and other  factors  of  relief  and a a l l played  Brougham's  i s the letter  Brougham  written  displayed h i s  of the superiority  and e d u c a t i o n .  He  'industry*  concerned  f o r Scotland  experience..:  summaries  on  The  through  poor  pauperism  upbringing  education  system  towards  i n treating  c h a r a c t e r , laws, of Scottish  legal  power.  and then  of Scottish  There  role.  and the c o n c e p t i o n of  France  Scottish  A r d m i l l a n i n 1859.  "honest  at  through  Brougham's  o f t h e most  an important  i t sinstitutional  different  The h a r s h  f o r charity.  relationship to  a quite  negative  played  on e d u c a t i o n  law, f i r s t  i n Henry  One  mark  i t had l o s t  ensured  ingrained  a  after  o f Roman  Holland, than  left-its  factors  t o ensure  of  lauded the and i t s  'prudence'; maintenance:  8  i t i s f i t t o d w e l l u p o n t h e common a n d u n i v e r s a l e f f e c t s of the system i n r a i s i n g the c h a r a c t e r of o u r p e o p l e , d i s t i n g u i s h i n g t h e m w h e r e v e r t h e y go for i n t e l l i g e n c e and u s e f u l n e s s ; f o r t h o u g h t f u l and t h e r e f o r e p r u d e n t h a b i t s . The t e s t i m o n y i s g e n e r a l a n d i t i s s t r i k i n g , w h i c h i s b o r n t o them i n t h e s e r e s p e c t s , n o t o n l y by c a l m o b s e r v e r s f r e e f r o m a l l n a t i o n a l p r e j u d i c e . . b u t by employers of labour i n a l lparts of the world b o t h o l d a n d new...Our d u t y i s t o m a i n t a i n a n d amend t h e s y s t e m by a l l w e l l c o n s i d e r e d m e a s u r e s , s o t h a t i t may n o t o n l y be p e r p e t u a t e d b u t improved. Similarly, poetry  and  Even to  Brougham  fora revival  of the o l d Scottish  language.  more  maintain  called  intersting  the Scottish  i s t h e way  i n which  Brougham  identity.  He d i d n o t a r g u e  proposed that the  54  uniqueness of S c o t t i s h i n s t i t u t i o n s should r a t h e r he claimed recognized.  that t h e i r  superiority  S c o t t i s h words would  be r s s p e c t e d ;  should be  'improve and e n r i c h ' the  E n g l i s h language; the ' b r e v i t y and c o n c i s e n e s s ' law  could amend E n g l i s h l e g a l procedure;  methods should defend  be implemented i n England.  Scottish  educational  In order to  h i s h e r i t a g e , Brougham d i d not go to the b a r r i c a d e s .  He went on the a t t a c k . let  of S c o t t i s h  loose an ardent  In Erougham, the S c o t t i s h School  nationalist  on B r i t i s h s o c i e t y .  Brougham's z e a l was the consequence of h i s t r a i n i n g i n moral philosophy.  Throughout the l e t t e r ,  Brougham adopted  the tone of a moral p h i l o s o p h e r with h i s a l t e r n a t e appeals to  'reason'  and 'sentiment*.  S c o t t i s h School  can be found  The terminology  of the  there too, i n Brougham's  p e c u l i a r use of " s c i e n c e " , "happiness of mankind", and  "solace".  following  But the i n f l u e n c e i s most s t r i k i n g  statement:  "virtue", i n the  Q Q  It i s t r u l y g r a t i f y i n g to r e f l e c t that wherever a n a t i v e of S c o t l a n d goes, he bears t h i s c h a r a c t e r along with him, and f i n d s h i s c l a i m to r e s p e c t acknowledged, as soon as he d e c l a r e s h i s country; not l i k e the o l d Roman a p p e a l i n g to the f e a r s awakened by the sound of the barbarous t y r a n t ' s name, and s i l e n c i n g the v o i c e of j u s t i c e or p r e v e n t i n g i t s course; but r e p r e s e n t i n g the humane and e n l i g h t e n e d n a t i o n which has f a i t h f u l l y d i s c h a r g e d i t s highest duty of d i f f u s i n g knowledge and promoting v i r t u e . Beneath the r h e t o r i c , any  individual,  Brougham was u n d e r l i n i n g the duty  which  but e s p e c i a l l y an enlightened Scot, has towards  the human community to which he  belongs.  55  CHAPTER I I I  A  SCOTSMAN  AT  THE  ENGLISH  BAR  0 Brougham! a s t r a n g e m y s t e r y you a r e ! ' N i l f u i t u n q u a m s i b i tarn d i s p a r ' ; So f o o l i s h a n d s o w i s e - - s o g r e a t , s o s m a l l , Everything n o w — t o m o r r o nought a t a l l . Bentham  56  The has  part  Brougham was  i n any d e t a i l . regarded  h i s contemporaries.  law,  as w e l l  Brougham The  by Henry Brougham  y e t t o be t r e a t e d  because of  played  spectrum,  as h i s r e f o r m s  Chronicle.^  ' t h e Man  This  as a g r e a t  legal  reform  i s odd, i f o n l y  legal  reformer  by many  H i s s p e e c h e s on t h e r a t i o n a l i z a t i o n o f i n the Court  the d a r l i n g of such  Morning  i n English  popular  made  o r g a n s a s The T i m e s and  At t h e o p p o s i t e  a t t h e Bar*  of Chancery,  end o f t h e  was a p r i m e  target  political  f o r Tory  2 b a l l a d - m a k e r s and c a r t o o n i s t s . figure  o f some i m p o r t a n c e  However,  our p r i m a r y  C l e a r l y , he was  by b o t h purpose  a  sides. here  but, r a t h e r ,  considered  i s n o t t o measure  Brougham's  influence  t o show how  h i s reform  activities  r e f l e c t e d a t r a i n i n g i n S c o t t i s h law a n d  enlightenment  3 theory. is  In o r d e r  necessary  disciple  to demonstrate  to challenge  the assumption  o f Jeremy Bentham.  nineteenth  century  the importance  This  administrative  that  involves reform  of Scotland, i t  Brougham  was a  some d i s c u s s i o n o f  i n general.  I All reform and  t h e major works on Bentham and n i n e t e e n t h posit a master-disciple  Brougham.  Elie  Halevy  of  Bentham, and a r g u e s  of  judicial  that  century  r e l a t i o n s h i p between  calls  Brougham  Bentham  the " s p i r i t u a l  h i s e f f o r t s on b e h a l f  legal  son"  of the reform 4  Similarly,  organization A.V.  Dicey  are evidence  o f Bentham's  r e f e r s t o Brougham  as a  influence.  "Benthamite",  5 quoting  him on t h e " g e n i u s and p o s i t i o n " o f Bentham.  famous l e g a l  h i s t o r i a n , Holdsworth,  regards  The  Brougham a s t h e  57  person in  who  gave Bentham's  a more r e c e n t  Bentham  theories a "practical  book, A l a n  objected  Harding  t o Brougham's  claims  shape."^  that,  "piecemeal"  and  And,  although "unsystematic" 7  reforms,  Brougham  was  This  supposed  master-student  questioned Lord  nonetheless  acknowledge  Brougham's  biographers.  Party  great  "disciple."  relationship  by any o f Brougham's  Brougham and t h e Whig  Bentham's  has n o t been Both  Aspinall's  and G a r r a t t ' s L o r d  debt  t o Bentham  Brougham  i n h i s v i e w s on  8 law  reform.  His l a t e s t  biographer,  Chester  New,  i s quite  g explicit  on t h e s u b j e c t * He n e v e r s p o k e , a s Bentham t o o o f t e n w r o t e , a s t h o u g h e v e r y t h i n g was wrong a n d e v e r y t h i n g c o u l d be p u t r i g h t by a new s e t o f t h e o r i e s . Nevert h e l e s s , i n law r e f o r m he was t h e d i s c i p l e o f Bentham.  In t h e same v e i n , New Bentham's c r i t i c i s m the  great  goes t o g r e a t  o f Brougham.  basic theorist;  lengths  t o e x p l a i n away  He c l a i m s  Brougham  that  the p r a c t i c a l  Therefore,  t h e d i f f e r e n c e s between them were  but  ones o f d e g r e e .  merely But  a an  p e r h a p s we  should  b i t more s e r i o u s l y .  take  After  o p p o n e n t i n law r e f o r m .  go h a l f  way  i f i t meant  And  that  Bentham's  all,  "Bentham  not  reformer. qualitative  criticism  Bentham  did call  Bentham was  was  o f Brougham Brougham  more t h a n  e v e n a few o f h i s i d e a s  willing might  to  be  implemented.^ The from  failure  those  to d i s t i n g u i s h  o f Bentham  broader  tendency  reforms  as Benthamite  Brougham's  i s a conceptual  to regard  ideas  one.  most n i n e t e e n t h  i n stamp.  Since  this  on law  I t stems century  reform from a  governmental  i s a problem  which  58 will  be e n c o u n t e r e d a g a i n  to deal with  i t i n some d e t a i l  According with  in later  to O l i v e r  chapters,  fruitful  here.  Law a n d P u b l i c  and t h e n p r o c e e d e d  1905.  'laissez-faire*  to a t t r i b u t e  b e t w e e n 1830 a n d 1870 a l m o s t  began  O p i n i o n by D i c e y i n  In t h i s w o r k , D i c e y d e f i n e d Benthamism as  reforms  may be  MacDonagh, the p r o b l e m r e a l l y  the p u b l i c a t i o n of  individualism,  it  governmental  e n t i r e l y to  Bentham's  13 influence.  The ' D i c e y  remarkably long time; present  thesis'  strong  h e l d the f i e l d  elements  of  for  a  h i s argument  are  i n t h e work o f  s u c h w e l l known s c h o l a r s as C r a n e 14 B r i n t o n and W i l l i a m H o l d s w o r t h . I n what i s s t i l l t h e b e s t s t u d y o f Bentham a n d h i s s c h o o l , E l i e H a l e v y r e f e r s h i s r e a d e r s 15 t o D i c e y f o r an a c c o u n t was n o t u n t i l subjected  the  of  Bentham's  i n f l u e n c e on l a w .  1 9 5 0 ' s and 1 9 6 0 ' s t h a t  t o any r i g o r o u s  criticism.  Dicey's analysis  During  however, an e x t r e m e l y i m p o r t a n t and h e a t e d  these  is  quite  this  worth our a t t e n t i o n . 1 ^  l o o s e use  of  heterogeneous  'humanitarianism', was a b l e  reforms  as  'common s e n s e ' ,  of  banner.  of  far  'the are  Dicey's  By e q u a t i n g  such  'utility',  ' u t i l i t a r i a n i s m ' , Dicey  scattered  He e v e n went so  Conservatives  and  to  two p o i n t s  involves  'individualism',  to u n i t e a l l s o r t s  Bsntham's  The f i r s t  the term ' u t i l i t a r i a n i s m ' . concepts  essay  the c o n t r o v e r s y over  nineteenth century r e v o l u t i o n i n government', well  of  place.  beyond the scope of  examine a l l the i n t r i c a c i e s of  was  decades,  reappraisal  n i n e t e e n t h c e n t u r y governmental reform took Although i t  It  as  reform a c t i v i t i e s to c l a i m that  the  and E v a n g e l i c a l s were n o t h i n g more  under  59  than  "a r e c o g n i t i o n  of the  similar  way,  a large  adopted  'utilitarianism'  Unfortunately, obscures  a  Dn  into  the  disciple  one  'humanitarianism' would  of  such  hand, New  "we  Brougham's a t t i t u d e  have us  and  17  Dicey  In a have  catch-all  p o i n t e d out,  such  phrases.  usage  i t reveals.  which  claims that  after  "Benthamism' as  critics  Brougham lack  of  rigor  reforms.  At  example  law  may  that  was  the  Brougham  same t i m e ,  reform.'^  'utilitarianism' According  as  of  in definition  recognize h i s humanitarian  towards  believe?  i s a good  wants t o a r g u e  o f Bentham i n law  repeatedly in  Dicey's  of u t i l i t y . "  of w r i t e r s  and  New's a n a l y s i s  pitfalls  lead.  number  much more t h a n  Chester the  as  principle  But  outlook"  are  compatible  to Halevy,  he  as  Bentham's  New system 19  explicitly  ruled  out  any  sentimental feeling.  He  writes:  (Bentham) m i s t r u s t e d s e n s i b i l i t y and o p p o s e d reason to sentiment: he had a l r e a d y so c o l o r e d t h e p h i l o s o p h y of r e f o r m i n England as to d i s t i n g u i s h i t f o r a l l time from the h u m a n i t a r i a n p h i l o s o p h y which p r e v a i l e d i n t h e c o u n t r y of R o u s s e a u , and even t h a t of B e c c a r i a . To  this,  If  New  we  influences  enlightenment  of  country  second  than  thought  or  criticism  Bentham's i n f l u e n c e .  Benthamism was influence  faulty,  remained.  of  Ferguson  t h e r e were s t r o n g  i n Brougham's l e g a l  other  The  the  wants t o c l a i m t h a t  elements for  m i g h t add  theory,  Bentham.  perhaps Indeed,  'common s e n s e '  thesis  Given  Dicey's  the  I t was  problem on  this  Hutcheson.  humanitarian he he  should might  philosophy  of D i c e y ' s that  and  concerns  look  point that  to  in Scotland. the  definition  of a s s e s s i n g  look  extent of  Bentham's the  fiercest  60 in-fighting Two  of the 'nineteenth  of the p r o t a g o n i s t s ,  argued  that  r e f o r m was  Oliver  the i n f l u e n c e minimal.  Parris  and J e n n i f e r  reform  cannot  century  w h i c h Bentham  who  took  place.  [YlacDonagh a n d D a v i d  They, i n t u r n , Hart,  debate'  had upon  governmental  were a t t a c k e d  claimed  that  Roberts,  by  Henry  nineteenth  century  20 But  be e x p l a i n e d  regardless  i f Bentham's  r o l e i s excluded.  o f t h e w e a k n e s s e s i n R o b e r t ' s a n d lYlacDonagh' s  21 arguments, of  looking  and  most c e r t a i n l y e s t a b l i s h e d  c l o s e l y a t the workings  i n d i v i d u a l reformers.  forced of  they  to proceed  with  Bentham o r l a b e l It  his  when t h e y  e a c h and e v e r y  i s i n t e r e s t i n g to note,  critics  paid  since  discuss  reform  be  the i n f l u e n c e  'utilitarian*.  t o Bentham's  Bentham was  machinery  historians will  however, t h a t  any a t t e n t i o n  SHj^pr-i^-jrng-l-y—s&,  of a d m i n i s t r a t i v e  In t h e f u t u r e ,  caution  the importance  neither legal  D i c e y nor  theory  more i n t e r e s t e d  ' p e r se  i n the  2 mechanics and s y s t e m a t i z a t i o n If  one would  This  expect  observation  to find  leads  o f law making t h a n a n y t h i n g  h i s i n f l u e n c e anywhere, i t i s t h e r e .  us d i r e c t l y  between Bentham a n d Brougham, important can  evidence  be shown  quite  if  Bentham's  elimination Brougham's  role legal  o f Bentham's Brougham's  Brougham  influence  legal from  influence  theory  legal  must  theory  was  University be t a k e n  i s regarded  i n this was  area.  informed  as  Ifi t by  Bentham's, t h e n t h e  i s s e r i o u s l y weakened  o f one o f i t s s t r o n g e s t  of Edinburgh reform  i n t o the r e l a t i o n s h i p  because  different considerations  argument,for the  that  else.  Scottish  bastions. influenced,  And,  through converse  then the  and t h e S c o t t i s h Bar i n E n g l i s h  into  account.  61 II In o r d e r necessary subject ment  to determine  i f our h y p o t h e s i s i s v a l i d ,  t o examine Brougham's w r i t i n g s  of l e g a l  on E n g l i s h  reform.  Brougham's  law was h i s s i x hour  speech  1828.  of  directly  every  system,  department  necessary  he d e a l t  of j u r i s p r u d e n c e .  t o supplement  i twith  the s p e e c h  provides a useful  ideas  those  from  opposed  o f Bentham.  In a d d i t i o n  it  on t h e  sharp  evidence  extremely  with  almost  i t is  of d i f f e r e n t  As we s h a l l  tothe  indictment  or i n d i r e c t l y  And, a l t h o u g h  state-  kinds,  Brougham's  s e e , Brougham was  important  points.  Brougham's most common r e f e r e n c e s were n o t t o  Bentham b u t t o S c o t t i s h  important  In t h i s  delivered  focus to d i s t i n g u i s h  t o Bentham on s e v e r a l  Furthermore,  and speeches  most c o m p r e h e n s i v e  House o f Commons i n F e b r u a r y , the l e g a l  i t is  and French  legal  to i t s comprehensiveness,  f o r two r e a s o n s .  a s a most e f f e c t i v e  First,  instrument  legal  practice. t h e speech i s historians  of reform.  have  J.B. A t l e y  viewed writes:  T h i s s p e e c h may be s a i d w i t h o u t e x a g g e r a t i o n t o have l e d , d i r e c t l y o r i n d i r e c t l y , t o a g r e a t e r number o f b e n e f i c i a l a n d u s e f u l r e f o r m s t h a n any o t h e r , a n c i e n t or modern, a n d i t s e x t r a o r d i n a r y w e a l t h o f d e t a i l may be recommended t o t h o s e who a r e i n c l i n e d t o s c o f f a t t h e q u a l i f i c a t i o n s o f Brougham a s an i n i t i a t o r of l e g i s l a t i o n . S e c o n d , and more i m p o r t a n t have p o i n t e d t o t h i s  speech  f o r our purposes,  Halevy  as c o n c l u s i v e proof  that  and o t h e r s Brougham  24 was  Bentham's s t u d e n t .  Halevy  writes:  Upon t h e r e f o r m o f j u d i c i a l o r g a n i z a t i o n , Bentham's i n f l u e n c e i s s t i l l e a s i e r to determine. The g r e a t s p e e c h d e l i v e r e d by Henry Brougham i n F e b r u a r y 1828 d e v e l o p e d a l l Bentham's t h e o r i e s on t h e r e f o r m o f a d j e c t i v e law, from t h e s u p r e s s i o n o f s p e c i a l  62 pleading H a l e v y was q u i t e  to  i n s t i t u t i o n of  local  courts.  mistaken.  Brougham began clearly  the  his  contradicted  speech  Bentham's  by s t r e s s i n g legal  two i d e a s  theory.  which  " T o my m i n d " ,  25 Brougham  These  said: he was g u i l t y o f no e r r o r - - he was c h a r g e a b l e w i t h no e x a g g e r a t i o n — he was b e t r a y e d by h i s f a n c y i n t o no m e t a p h o r , who once s a i d , t h a t a l l we see a b o u t u s , K i n g s , L o r d s , and Commons, t h e w h o l e m a c h i n e r y o f t h e S t a t e , a l l the a p p a r a t u s o f the s y s t e m , and i t s v a r i e d w o r k i n g s , ended s i m p l y i n b r i n g i n g t w e l v e good men i n t o a b o x . Such — the a d m i n i s t r a t i o n of j u s t i c e - - i s the cause of the e s t a b l i s h m e n t of government: i t i s t h i s purpose which can a l o n e j u s t i f y r e s t r a i n t s on n a t u r a l l i b e r t y - - i t i s t h i s o n l y w h i c h can excuse c o n s t a n t i n t e r f e r e n c e w i t h t h e r i g h t s a n d p r o p e r t y o f men.  are  the words of  Throughout and  the  'rights'  almost  speech,  of  men.  religious.  Bentham's  scheme  considered  no u t i l i t a r i a n ,  but a l i b e r a l  Brougham d e f e n d e d And h i s  the  f a i t h i n the  thinker.  'natural  liberty'  j u r y system  was  N o t h i n g c o u l d be more a n t i t h e t i c a l than language of  the concept  of  this  l i b e r t y to  flavour.  be a  to  Bentham  'mischievous  piece 27  of  sophistry'  p o p u l a r i z e d by t h e  by j u r y ,  he a r g u e d  'natural  procedure';  ,  t  'expense  Montesquieu.  t o t a l l y opposed  to  his  it  involved 'delay',  system  'vexation*,  Trial  of and  .  practices  Common p l a c e , courts  of  28  Brougham's the  was  likes  next of  was h a r d l y u t i l i t a r i a n .  the Courts  in Westminster-hall:  and the E x c h e q u e r .  had once  overlapped  foray  been q u i t e  considerably.  Whereas t h e  separate,  He condemned King's  f u n c t i o n of  he a r g u e d ,  bench, these  t h e y now  H o w e v e r , d+J-e-t-o t h e m o n o p o l i e s  of  !  63  a d v o c a t e s and the s p e c i a l i z e d t e c h n i c a l forms courts,  most s u i t s  went i n v a r i a b l y t o t h e c o u r t  Such an i n o r d i n a t e court.  i n the d i f f e r e n t  system  caused  Thus, Brougham c l a i m e d  a great  that  deal  of King's  bench.  of pressure  t h e number  on one  of judges i n  29 K i n g ' s bench s h o u l d  be  increased:  I f t w e l v e was b e a u t i f u l i n t h e days o f l o r d Coke, f o u r t e e n must now, I f e a r , on t h i s a c c o u n t t a k e i t s place: f o r how any one c a n s u p p o s e t h a t t w e l v e men can be a b l e t o do now, what t h e y were o n l y a b l e t o do c e n t u r i e s ago, i s t o me a m a t t e r o f a s t o n i s h m e n t . Even t h i s  practical  Although in  number  believed,  would  have been o p p o s e d  Bentham was a l l f o r i n c r e a s i n g  the country  the  reform  a s a w h o l e , he was  dead  o f j u d g e s i n any one c o u r t . negated  which might  by Bentham.  t h e number  set against  of judges  increasing  Such an a c t i o n ,  he  the b e n e f i t s of ' i n d i v i d u a l r e s p o n s i b i l i t y '  be o b t a i n e d  u n d e r a more  natural  system.  As he  says:  A 'board'....is a 'screen'. The l u s t r e o f good d e s e r t i s o b s c u r r e d by i t j i l l - d e s e r t , s l i n k i n g b e h i n d , e l u d e s t h e eye o f c e n s u r e : wrong i s c o v e r e d by i t w i t h a p r e s u m p t i o n o f r i g h t , s t r o n g e r and s t r o n g e r i n p r o p o r t i o n t o t h e number o f f o l d s . Only  by means o f ' s i n g l e - s e a t e d  'natural similar  system'  judicature' could  be i m p l e m e n t e d .  criticisms  Bentham w o u l d  o f Brougham's p r o p o s a l s  Bentham's  later  make  f o r the reform  of  Chancery. But acting  there  on Brougham  disagreement positive evident but And,  a r e more p r o d u c t i v e  i n 1828 t h a n m e r e l y  between t h e p h i l o s o p h e r  influence i n almost  he makes  ways  searching  every  theme.  every  case,  the i n f l u e n c  f o r p o i n t s of  and the p o l i t i c i a n .  of S c o t t i s h i n s t i t u t i o n s  numerous r e f e r e n c e s  i n almost  of considering  and t h o u g h t i s  Brougham n e v e r  mentions  to the S c o t t i s h l e g a l  he c o n t r a s t s  The  S c o t t i s h law  Bentham, system.  favourably  64 with  that The  of  England.  Scottish  influence  Brougham's l e n g t h y ideal was  frame o f  the  evil  than  merit.  that  the  i s evident,  analysis  of  the  choosing  Comparing  j u d g e s on  England  individuals  to  fill  j u d g e s h i p ..<was not Brougham a r g u e d  judicial  entirely  that  the  Here, the  with  S c o t s were more l i b e r a l  example,  in  position, duties,  mind o f a j u d i c i a r y .  of  for  his  basis  primary of  Scotland,  dependant  In  party  rather claimed  deserving that  upon p a r t y  Scottish practice  target  Brougham  i n choosing  vacancies.  and  country,  a  politics.  should  be  <•  adopted  -, . 31 England!  •  r-  in  Now, when I q u o t e t h e s e i n s t a n c e s i n S c o t l a n d , I want t o see examples o f the same s o r t i n E n g l a n d ; f o r , however g r e a t my r e s p e c t f o r the law and the p e o p l e o f t h e N o r t h may be, I c a n n o t h e l p t h i n k i n g , t h a t we of the S o u t h t o o , a r e o f some l i t t l e i m p o r t a n c e , and t h a t t h e a d m i n i s t r a t i o n o f j u s t i c e h e r e may f a i r l y c a l l f o r some p o r t i o n o f a t t e n t i o n . T h e r e was were n o t  an  chosen  even g r e a t e r on  a party  advantages which a c c r u e d organs  of  organs. saw  the  the  a  liberty from  the  later by  notion  executive  balanced of  to  and  judicial  It r e f l e c t s  liberty  the  writings  Montesquieu,  citizen.  seem t o  most  of  Brougham's f a i t h  he  studied  at  indicate that  whose g r e a t clearly.  book  from  The  the  he  was  Spirit  judicial executive  Bentham,  state  i n the  ensured this  of  the  Laws  i  the theory  University.  especially of  who  as  doctrine  derived  Edinburgh  judges  the  its  to  balances  Brougham c e r t a i n l y  writers  when t h e  have a p p e a l e d  functions  that  stressed  separate  g o v e r n m e n t , where c h e c k s and  French  theory  not  for ensuring  Brougham  public  would  32 the  basis.  s t a t e were c o m p l e t e l y  Such a  inseparable.  reason  His  influenced developed  Turning  to the  shows f u r t h e r  d u t i e s and  evidence  that  t h e work o f  time  f o r the  e d u c a t i o n of judges,  of h i s S c o t t i s h  judges  should  cultivation  be  prejudices.  limited  so as  o  of l i b e r a l  Brougham  persuits  He  argued  to a l l o w  "which have  more always  33 formed  the  Scottish law  was  lawyers  as  *a g u a r a n t e e  t o Brougham, t h e  lawyers  was  confined  talents'.  Brougham  felt  that  lawyers."  Brougham  h i s r e f e r e n c e here.  p e r c e i v e d as  according English  most a c c o m p l i s h e d  that As  i n S c o t l a n d , the  of a l i b e r a l  mind'.  most o b j e c t i o n a b l e t h i n g  t h e y were men  f o r the  they  Fori  i s using  of  'brutal  "accustomed  about  manners  e d u c a t i o n of lawyers  s h o u l d be  And,  'per  to study  and se',  other  34 s y s t e m s o f law  b e s i d e s our  own."  legal  was  more t h a n  training  'comprehensive  approach'  Brougham's own extensive referred  nothing  of Scots  'comparative  i n the  course  arbitration France.  was  modelled  Such an  f o r the  Dutch  helps to e x p l a i n  law, One  of  to which  setting  up  on  similar  institutions  he  he  his  often  Brougham's  the  institution,  broader  law.  of h i s speech. --  for a  an a p o l o g y  approach'  k n o w l e d g e o f F r e n c h and  most t r e a s u r e d p r o j e c t s  and  This plea  of l o c a l  c l a i m e d , would  c o u r t s of i n Holland prevent  35 many m i n o r c a s e s from r e a c h i n g t h e h i g h e r c o u r t s : Such a t r i b u n a l e x i s t s i n F r a n c e , u n d e r t h e name o f ' C o u r t de C o n c i l i a t i o n ' ; i n Denmark i t e x i s t s ; and f o r c e r t a i n m e r c h a n t i l e causes i n Holland a l s o . If i t be t h o u g h t t o o g r e a t a change t o i n t r o d u c e i t h e r e , i n what I deem i t s b e s t f o r m , I t h i n k much good would a r i s e from a m o d i f i c a t i o n of i t . At a l a t e r d a t e , when Brougham moved a B i l l f o r t h e e s t a b l i s h m e n t of  local  courts,  he  deemed t h e s e c o u r t s o f a r b i t r a t i o n  36 novel  and  important  o f the  measure.  the  most  66 Having Brougham which  d e a l t with  concentrated  the a d m i n i s t r a t i v e system as a whole, his attack  the c o u r t s conducted  Bentham's  deplored  the r u l e s  n o t Brougham  but  i t i s to h i s S c o t t i s h  In o r d e r  immediate  justice  simply  because  Often,  the case  always the  up j u s t i c e  a great  would  a system.  proceed  defendant  F o r , was  i t not  of  pleading?  And  He c e r t a i n l y  n o t Bentham,  and p r e v e n t should  number  the defendant  that  d i d --  we  be e n t i t l e d  delay  exorbitant.  over  a man  Brougham  A wealthy  show good  delays,  to  i n the  were n o t  so e a s i l y  prosecuted  proceedings.  court  and t h e  defendant  obviously  o f s m a l l or moderate income  claimed  that  a t once, i n the c h e a p e s t could  clearly  of cases  could  intentional  be t r a n s f e r r e d t o a h i g h e r  i n v o l v e d become  such  things?  background,  expect  the delays  whenever he o r she seemed  a great advantage  under  very  t h a t the p l a i n t i f f  In E n g l a n d ,  expenses  area.  of evidence,  these  might  by  h i s views.  t o speed  Brougham a r g u e d  had  condemn  attribute  right.  in this  One  and t h e a n a c h r o n i s t i c a r t o f s p e c i a l  did  should  business.  i n f l u e n c e t o be g r e a t e r  Bentham who justice,  their  on t h e modes o f p r o c e d u r e  reason  the t r i a l  should  court available,  why  i t should  not.  unless His  37 solution  was  that of a S c o t t i s h  lawyer:  T h i s i s a mode w e l l known i n t h e law o f S c o t l a n d , and w o u l d p u t an end t o a l l t h o s e u n d e f e n d e d c a u s e s , w h i c h a r e now a t t e n d e d w i t h s u c h g r e a t and u s e l e s s expense, as w e l l as i n j u r i o u s d e l a y t o the p a r t i e s Furthermore, that  future suits  should  Brougham  thought  might a r i s e  be d e a l t w i t h  would  be no need  title  to possession  t h a t , whenever i t a p p e a r e d  i n any p a r t i c u l a r  straight-away.  f o r a new was  court case  Thus, every  case,  they  f o r instance, time  t r a n s f e r r e d or i n h e r i t e d .  a  there  disputed Once  again  67 Brougham  cited  the s u p e r i o r i t y of the S c o t t i s h system  "permits a declaratory possession all  whose  action  or expectancy, claims  t o be i n s t i t u t e d  'quia  he d r e a d s  timet',  which  by t h e p a r t y i n  and e n a b l e s  him t o make  p a r t i e s , so a s t o o b t a i n  a d e c i s i o n of  38 the  question  immediately."  Brougham  was  e v i d e n c e was relevant should  especially critical  admitted  evidence  be j u d g e d  i n the E n g l i s h  should  towards  This  the w i t h h o l d i n g  on  letters,  often  kept  of the  that  court's 'mischievous'.  evidence  documents s u c h a s they  any  merits  a s most  written  wraps u n t i l  o p p o n e n t s might  He f e l t  until deeds,  had d e t e r m i n e d  adopt.  Brougham  well  what  referred  this  rule  In  their  Brougham  of important  Parties  i n which  i t srelative  One a s p e c t  struck  o r r e c e i p t s under  mode o f a t t a c k to  evidence  into a t r i a l .  courts.  be a d m i t t e d ;  by t h e j u r y .  attitude was  o f t h e manner  p r a c t i c e as ' t r i c k and c o n f l i c t ' . He c o n t r a s t e d t h e 39 of h i s n a t i v e land; In S c o t l a n d , t h e law i n t h i s r e s p e c t i s b e t t e r t h a n o u r s , f o r no man c a n p r o d u c e a w r i t t e n i n s t r u m e n t on t r i a l w i t h o u t h a v i n g p r e v i o u s l y shown i t t o h i s a d v e r s a r y . . . I t h i n k , S i r , t h e a d o p t i o n o f some wuch r u l e a s t h e S c o t c h might be d e s i r a b l e .  general,  formal fond  the r u l e s of procedure  and more  straightforward  of p o i n t i n g  out, the Scots  and e v i d e n c e  i n Scotland.  were  far less  As Brougham  made no d i s t i n c t i o n  was  between  40 law they  and e q u i t y .  They were n o t a s much, i n t e r e s t e d  were i n g e t t i n g Perhaps  sarcastic  to the heart  t h e most memorable  condemnation  he a p p r o a c h e d  of the matter.  part  o f t h e s p e e c h was  of ' s p e c i a l p l e a d i n g ' .  the subject  "with  i n form as  some d e g r e e  Brougham's  He s a i d  o f awe",  that  since i t  68  had  been l a u d e d  by Coke a s "a d e l i g h t f u l  pleading  was a c u r i o u s  'science'  English,  i t meant  many c a s e s  to  that  t o say the l e a s t ;  justice,  technicalities. pleading  since  niceties.  so many c a s e s  Brougham's a t t a c k  was d e s c r i b e d  But s p e c i a l i n plain  had t o be c o n d u c t e d  p r e c i s e t e c h n i c a l r u l e s and l e g a l  obstructed  science."  These  were thrown  i n this  often  o u t on  on t h e m y s t e r i e s  by a c o n t e m p o r a r y  according  of s p e c i a l  way: ^ 4  They a r e gone, f o r t h e most p a r t . The g h o s t s o f a n t i q u e f o l l e r i e s t h a t were t a u g h t i n a P l e a d e r ' s o f f i c e were e x o r c i s e d f r o m t h a t n i g h t o f t h e 7 t h o f February. Not f o r much l o n g e r w o u l d J o h n Brown, c o m p l a i n a n t i n an a s s a u l t c h a r g e w h i c h c o n s i s t e d i n l i f t i n g a f i n g e r a g a i n s t him, be made t o d e c l a r e t h a t W i l l i a m S m i t h , " w i t h a c e r t a i n s t i c k , and w i t h h i s f i s t s , gave and s t r u c k t h e s a i d John a g r e a t many v i o l e n t blows and s t r o k e s on and a b o u t t h e h e a d , f a c e , b r e a s t , back, s h o u l d e r s , arms, l e g s , and d i v e r s o t h e r p a r t s o f t h e body...." T h i s f o r a sample o f t h e m y s t i c a l w o r s h i p o f t h e P r i e s t s o f t h e Law, b e f o r e Common Sense had p u l l e d down t h e i r i d o l s . This  s e c t i o n o f t h e s p e e c h must have been i m p r e s s i v e  such  strong The  affect first  with  emotion.  question  is —  i n what  respect  Brougham's a t t i t u d e t o w a r d s place,  Scotland.  nothing  Thus,  Lord  to evince  like  special  Brougham c o u l d  Coke's p a n e g y r i c  Brougham was m e r e l y  did his Scottish  special pleading  hardly  pleading? had e v e r  be e x p e c t e d  on t h e ' s c i e n c e ' .  experience  In t h e existed i n  to sympathize  Secondly,  following, i n his critique,  the r a t i o n a l e  43  o f an e a r l i e r Mansfield, Scottish  Scot  turned  a reformer  E n g l i s h lawyer.  who a l w a y s  p r a c t i c e when he deemed  turned  T h i s was  t o Roman law and  E n g l i s h law i n a d e q u a t e . 44  Brougham c l a i m e d  Mansfield  Lord  as h i s a u t h o r i t y :  69 Those r u l e s , as L o r d M a n s f i e l d once s a i d , were f o u n d e d i n r e a s o n and good s e n s e ; a c c u r a c y and j u s t i c e were t h e i r o b j e c t , and i n t h e d e t a i l s much o f i n g e n u i t y and s u b t e l t y were d i s p l a y e d ; b u t by d e g r e e s t h e good s e n s e has d i s a p p e a r e d , and t h e i n g e n u i t y and s u b t e l t y have i n c r e a s e d beyond measure. For  Brougham, a s  f o r M a n s f i e l d b e f o r e him,  were s u b o r d i n a t e t o need  ' r e a s o n and  Bentham t o c o n v i n c e  him  good  that  form  sense'.  special  and  precedent  Brougham  d i d not  pleading should  be  abolished. Brougham had its  rules  now  treated  of procedure.  In b o t h  example  of S c o t t i s h  legal  subject  oT t r i a l  juries.  Brougham h e r e ,  by  since  the  of the a d m i n i s t r a t i v e c a s e s , he  practice.  jury  drew s t r o n g l y  Next,  Scottish system  he  entered  practice had  system  and upon  upon  the  the  c o u l d not a i d  only recently  been  45 introduced little  i n that  doubt  inspired  by  that the  country.  On  the  other  Brougham's r e v e r e n c e  French authors  he  hand,  f o r the  studied  there i s  jury  while at  system  was  Edinburgh  university. The as an  'enlightened Scot' regarded  'attainment  imitate. wherein was of use  of p e r f e c t i o n '  It i s i n t e r e s t i n g Brougham  regarded  most a t odds w i t h the  theory of  of j u r i e s  method  as a c h e c k  for involving  In an  justice', on  bad  system  of  S c o t l a n d would i n the  system  one  as  i n the  legal  do  well  case he  as an  the efficacious  process.  He  said t t h e House w i l l p e r m i t me t o say a few s u b j e c t o f J u r i e s , the r a t h e r b e c a u s e  to  contradiction  defended  as w e l l  England  inferior,  intentional  Brougham  judges  common p e o p l e  jury  that,  Scottish  Bentham.  'natural  which  to note  the  the  words upon t h e this venerable  70  i n s t i t u t i o n h a s , I l a m e n t t o s a y , been of l a t e y e a r s a t t a c k e d by some o f t h e most d i s t i n g u i s h e d l e g a l reformers. S p e a k i n g f r o m e x p e r i e n c e , and e x p e r i e n c e a l o n e , a s a p r a c t i c a l l a w y e r , I must a v e r , t h a t I c o n s i d e r t h e method o f j u r i e s a most wholesome, w i s e , and a l m o s t p e r f e c t i n v e n t i o n , f o r t h e p u r p o s e o f judicial inquiry. Thus,  i n h i s only  reference  t o Bentham,  Brougham  was  decidedly  negative. Brougham English law  most u s e f u l .  n o t be f r e e l y  personal  property  regulations notes if  on t o p o i n t o u t t h e m a n i f e s t  laws on p r o p e r t y .  proved  should  moved  Here, Brougham's He saw  no r e a s o n  alienable.  However,  was  why  pay  t h e sum  Property  The  law s a i d  a thousand  simply that  because  manner.  p o u n d s , he c o u l d t h e money was  'money c o u l d  Under t h i s  affairs,  to laugh  principles capable Lord  might  on t h e o t h e r  be a b l e  had  earlier  was  merely  criticized  available.  and d e b t s  ridiculous  For t h i s  the source reason,  t r a n s f e r r e d much^easi-e-r t h a n  M a n s f i e l d , as a r e s u l t  For example,  were t o s t a t e of  at his creditors.  hand, Roman law was  on m o v e a b l e p r o p e r t y .  of being  much  n o t be f o r c e d t o  readily  n o t be s o l d ' ,  4  Scotland,  property  i n money, s t o c k s , and bank  be p a i d o u t o f 'goods s o l d ' . ' ' a debtor  i n Scottish  moveable  i n England  were n o t t r a n s f e r a b l e i n a r a t i o n a l owed  training  s u b j e c t t o t h e a r c h a i c and c o n t r a d i c t o r y  o f Common Law.  a debtor  defects i n  in  In  of a l l  i t was England.  o f h i s k n o w l e d g e o f Roman law,  t h i s aspect  of the property  following in his footsteps.  laws.  Of M a n s f i e l d ,  Brougham  said j It i s t r u e , that great judge, l a w y e r were n e v e r u n d e r r a t e d ,  Brougham  whose m e r i t s a s a e x c e p t by p e r s o n s  71 j e a l o u s o f h i s s u p e r i o r fame, o r i g n o r a n t o f t h e law.... l e a n e d t o a c o n t r a r y c o n s t r u c t i o n of t h e c r e d i t o r s powers, a n d might have somewhat i r r e g u l a r l y i n t r o d u c e d i t . But Lord Ellenborough a f t e r w a r d s denounced s u c h a t t a m p t s a s p e r i l o u s innovations. His  affinity  Scottish trained the  with  lawyer  Mansfield  f o r another.  be v i e w e d  For, although  as that  imperfections  o f one  Mansfield  a t t h e E n g l i s h b a r , he l o o k e d ^ S c o t t i s h  was  law t o remedy  o f t h e law i n E n g l a n d .  Brougham's r e s p e c t of  should  t h e laws o f l a n d ,  f o r Mansfield  continued  o r t h e laws o f ' r e a l  Brougham d i d n o t d e s i r e t o s e e l a n d e d  i n his analysis  property'.  property  Although  made t o o e a s i l y  49  disposable, restraints removed. and  sit in jail  rules But  Local  of t h e i r  leasing,  that  many o f t h e more  on t h e a l i e n a t i o n and improvement customs g r e a t l y c o m p l i c a t e d  use o f l a n d .  part to  he b e l i e v e d  Men i n d e b t o r ' s  land  i n order  and r o t .  of land  to obtain  their  The e n t i r e s u b j e c t with  transfer  to s e l l  of i n h e r i t a n c e ,  petty  he a d v o c a t e d  be  f r e e d o m -- t h e y had  a n d complex  Brougham wanted a l l t h i s  many o f t h e r e f o r m s w h i c h  should  the r a t i o n a l  p r i s o n were u n a b l e  a n d m o r t g a g e s was f r a u g h t  and r e g u l a t i o n s .  objectionable  done away  had been  with.  attempted  50 by to  M a n s f i e l d b e f o r e him. One has o n l y s e e why t h i s i s t h e c a s e . In a few a r e a s ,  t h e laws o f ' r e a l  to look  property'  to Scotland i n Scotland  51 were a f f e c t e d by Roman l a w . own laws guidance. property  incomplete,  they  Whenever  tended  By and l a r g e , however, were f e u d a l  i n origin.  to look  the Scots  found  their  t o Roman law f o r  t h e laws c o n t r o l l i n g The f e u d a l  system  immoveable  i n Scotland,  72  unlike  England,  was a d o p t e d  wholesale  and f i t t e d  in fairly  well  52 with  earlier  be m o d i f i e d case  methods o f l a n d t e n u r e . i n order  i n the south.  uniform  to conform Therefore,  t o Common law, a s was t h e the S c o t t i s h  and c o n s i s t e n t i n i t s p r i n c i p l e s  c o n v e y a n c i n g o f l a n d was, first  I t d i d n o t have t o  thus,  surprising  considered  than  was  more  the E n g l i s h .  much s i m p l e r .  hand k n o w l e d g e o f t h e S c o t t i s h  hardly  system  Given  situation,  t h a t M a n s f i e l d and Brougham  their  then,  should  t h e E n g l i s h laws o f ' r e a l : p r o p e r t y ' so  The  i ti s have  incompre-  53 hensible. UJe t u r n f i n a l l y laws.  Brougham  throughout to  to the q u e s t i o n  emphasized  h i s speech.  of the c o d i f i c a t i o n  the importance  of  of  codification  He d i d n o t , however, make any  reference  Bentham's  Code b u t , r a t h e r , t o t h e Code o f J u s t i n i a n a n d 54 t h e Code o f N a p o l e o n . Brougham's c o n c e p t o f a code was n o t 'utilitarian'. I n s t e a d , i t was a means f o r s t r e s s i n g t h e •principles* certainly  r a t h e r than  d i d n o t want  bed  o f Bentham's  the  principles The  a  the 'precedents'  t o s e e t h e law a d a p t e d  'felicific  calculus'.  o f Roman law was what  law was  small i n comparison  Brougham  pointed  this  with  words a r e i m p o r t a n t , Scottish of  his  n a t i o n a l i s m , but a l s o speech:^  with  on t h e wisdom  not only  Brougham  more a k i n t o  he had i n mind.  out p r o n o u n c e d l y ,  a panegyric  55  t o the P r o c r u s t e a n  Something  i n f l u e n c e o f Roman law had e n s u r e d  Scottish  speech  o f law.  because because  t h a t the bulk of that of  before  England.  concluding his  of t i m e l y reform.  Brougham's  they  with  they  a r e permeated  came a t t h e c l i m a x  73  What g r o u n d s c a n t h e r e be f o r t a k i n g a l a r m a t t h e c o u r s e I recommend o f amendment, and p r o c e e d i n g by c a r e f u l but g e n e r a l i n q u i r y ? It i s , indeed, nothing new, even of l a t e y e a r s , i n t h i s c o u n t r y . We appointed a Commission to i n v e s t i g a t e the whole a d m i n i s t r a t i o n of j u s t i c e i n S c o t l a n d ; and i t ended i n a l t e r i n g the c o n s t i t u t i o n of t h e C o u r t s , and i n t r o d u c i n g a new mode o f t r y i n g c a u s e s . Yet S c o t l a n d , to say nothing o f t h e t r e a t y o f U n i o n , s o o f t e n s e t up a s a b u l w a r k a g a i n s t a l l c h a n g e , m i g h t u r g e some v e r y powerful reasons f o r u p h o l d i n g her a n c i e n t system, which we i n England s h o u l d v a i n l y seek to p a r a l l e l . She m i g h t h o l d up h e r S t a t u t e - b o o k i n three small pocket v o l u m e s , t h e w h o l e f r u i t o f a s many c e n t u r i e s o f l e g i s l a t i o n , w h i l e your t a b l e bends beneath the laws of a s i n g l e r e i g n -- and o f y o u r w h o l e j u r i s p r u d e n c e , i t may be s a i d a s o f t h e Roman b e f o r e J u s t i n i a n , t h a t i t w o u l d o v e r l o a d many c a m e l s . As  we  said  in  the  uniqueness  of  Scottish  their to  first  superiority  imitate The  the  delivery  t  was  "there  be  quite  a  no  of  the  of  not  be  argue  that  respected,  England  would  but  do  the that  well  Scots.  success.  signs  did  should  recognized.  system  were  Brougham  institutions  should  legal  speech  chapter,  During  i t s  impatience  entire  i n an  audience  57 always were  impatient  full  Bentham he  had  that  placed the  he  his  two  Edinburgh  resulted  tediousness."  Brougham.  felt  between the  of  of  had  highest  reformers  Review  i n one  One  of  and  person,  been  and  Bentham's  by  Then  their  next  however,  betrayed  hopes.  the  The  adherents  fatherly  was  the  began  Westminster  day  net  person a  papers impressed. i n whom  prolonged in  Review.  letters  the  to  the The his  battle  pages  of  argument disobedient  58 son. the  two  The  letter  men.  It  is indicative 59 reads;  of  the  wide  distance  N a u g h t y , N a u g h t y Boy! - - Pap f o r y o u ? no m o r e o f t h a t - - y o u w o u l d o n l y p u k e again. Pap f o r y o u ? No.' t h a t i s not a r e i n want o f -- you h a v e o u t g r o w n i t  between  Oh no! i t up what you ; what you  74  a r e i n want o f i s a n o t h e r dose o r two o f j a l a p t o purge o f f your bad humours, and a t o u c h , e v e r y now and t h e n , o f t h e t i c k l e - T o b y , w h i c h I keep i n p i c k l e f o r you....When w i l l you have l e a r n t y o u r primer? When w i l l you be a b l e t o s p e l l ' g r e a t e s t happiness p r i n c i p l e ; non-disappointment principle; ends o f j u s t i c e -- main end, g i v i n g e x e c u t i o n and e f f e c t t o t h e s u b s t a n t i v e b r a n c h o f law'; c o l l a t e r a l ends, a v o i d a n c e o f d e l a y , e x p e n s e , a n d v e x a t i o n -e v i l s p r o d u c e d by, t h e a d j e c t i v e b r a n c h ? When you have g o t t h a t by h e a r t , you may t h e n be f i t t o be b r e e c h e d and s e n t t o a g r a m m a r - s c h o o l . Bentham was  wasting  h i s b r e a t h -- Brougham was  no  utilitarian.  Ill In  h i s law r e f o r m  not a l l o f h i s l e g a l discussion on  way  i n which  F o r example,  Brougham  piece;  brought  The r e m a i n d e r of these  i s no doubt  his analysis  that  one  was  in practical be t a k e n  legal  t o Bentham's  agreement w i t h t h a n was  expect,  much c l o s e r  law t h a n any o t h e r  •(or-  much more o f a h u m a n i t a r i a n  the  up Brougham's  discussion.  i n h i s w r i t i n g s p-f t h e E d i n b u r g h  s h o u l d not confuse  the  us n o t h i n g a b o u t  As one might  Brougham  to t r e s p a s s  Furthermore,  chapter w i l l  to t h i s  He gave c o n s i d e r a b l e a d v e r t i s e m e n t subject  he o m i t t e d a n y  h i s i d e a s to bear  issues.  of c r i m i n a l  many, b u t  he d i d n o t w i s h  i t tells  of t h i s  education i s central  There  summarized  considered Peel's t e r r i t o r y .  with a discussion Scottish  Brougham  law b e c a u s e  was a t h e o r e t i c a l  situations.  in  views.  of c r i m i n a l  what was  speech  speech,  Review.  influence. Bentham.^  t o Bentham department.  i d e a s on t h e 60  However, Brougham  Moreover,  was he 6?  was At  a p t t o poke f u n a t Bentham's t h e same t i m e ,  he s u p p o r t e d  claim  t o be  'scientific'.  Bentham's a t t a c k on t h e u s e l e s s  75  severity is  and p a t e n t  necessary  why  irrationality  to.:look  t h i s was  the case.  Scottish  criminal  effectively swiftness  executed  a s i t may,  severe  law was than  and s u r e n e s s  measures, S c o t l a n d ' s that  t o Brougham's  for a liberal  that  criminal  Scottish  background  of being  of England; obviated  law was  criminal  thinker  criminal  capable  of a c t i o n  Scottish  of E n g l i s h  much  and,  law was  s u c h a s Brougham.  to see  more  f o r harsh  cruel.  still  It  since  t h e need  far less  law.  Be  f a r too He  wrote:  6 4  The c r i m i n a l law o f S c o t l a n d has a t a l l t i m e s been g r e a t l y s u p e r i o r to t h a t o f England i n i t s administration, though not i n i t s s t r u c t u r e . It i s t o o s e v e r e ; a n d , a s by t h e p r i n c i p l e o f S c o t c h jurisprudence, s t a t u t e s a f t e r a lapse of years, f a l l i n t o d e s u e t u d e , a code i s more wanted t h e r e than i n England. In  t h i s passage,  'arbitrariness' in  Edinburgh,  Scotch  Brougham was of S c o t t i s h  he had s e e n  Sedition  Trials  primarily  criminal  i t si l l  during  attacking  the  law.  As a young  effects  i n the form  t h e heyday  liberal of the  of the French  65 Revolution. Still, probably more not  derived,  t o some e x t e n t ,  humane and e f f e c t i v e s y s t e m . fully  inspired  definitely Edinburgh 'natural In  Brougham's c r i t i c i s m s o f E n g l i s h  influenced  by F r e n c h  University.  Brougham  law' t h e o r y  f a c t , he o f t e n  critique  by S c o t t i s h  from  law were  h i s experience  But even  practice,  i f h i s views  they  were  were most thought v i a  had a t h o r o u g h  grounding i n  and t h e works o f M o n t e s q u i e u and  law.  with a  enlightenment  c i t e d these w r i t e r s  of c r i m i n a l  criminal  Therefore,  i n h i s essays  on  Brougham's v i e w s  Beccaria. Bentham's on  penal  76  law  were  already  des  Peines  philosophy out,  well  e t des  before  Recompenses.  of penal  i t was  formed  l a w was  derived  read  In any  highly  wholesale  he  Bentham's  case,  Bentham's  unoriginal.  from  Theorie  As  Halevy  points  Beccaria:^  In what t h e n d o e s B e n t h a m ' s o r i g i n a l i t y i n r e l a t i o n to Beccaria c o n s i s t ? I t c o n s i s t s i n that superior f a c u l t y o f l o g i c a l a r r a n g e m e n t w h i c h was destined one d a y , a f t e r many v i c i s s i t u d e s , t o s e t h i m up a s the head o f a s c h o o l . Brougham Bentham  would had  have  never  Brougham's from  becomes  philosophy  The  apparent  first  as a lawyer,  would  be  beyond  views  of c r i m i n a l  thought,  thinkers.  more  t h e same  on  penal  reform  ift  existed.  enlightenment  continental  held  sufficient  t o convey  specifically  later  the scope  colorful  specific  i n Brougham's  and  Brougham's  with  legal a  law,  as  was  reference  Scottish  practical  Lord  paper  career,  some  derived to  influence  activities,  Chancellor.  of t h i s  general  then  to give  Although i t the d e t a i l s of  examples  will  be  impression. 67  In The of  1827,  acted  as  p a r t i c u l a r s of the case the l e g a l  lengths marry into She be  Brougham  to which  wealth.  been  released  young  told  that  English  heiress  because  willing  of f i f t e e n  and  marrying  her f a t h e r  was  i n prison,  and  thrown  Upon  returning  tried  t o have  out of court  on  a  was  case. because  they  t o go  border  the fraud was  but a l s o  i n d i v i d u a l s were  i f she m a r r i e d .  the case  i n the Wakefield  are interesting, primarily  involved,  the S c o t t i s h  discovered  However,  some  A  crossing had  girl  questions  counsel  show  i n order  to  tricked  crafty and  the  old  could  to England, the marriage the grounds  man. only  the annuled. that  77  only  the S c o t t i s h courts  Thus,  Brougham's c l i e n t  had j u r i s d i c t i o n was f o r c e d  to d i s s o l v e i t .  t o remain  married  to her  abductor. Brougham's c r i t i c i s m  of t h i s  judgement was t h r e e f o l d .  First,  68  he  claimed  it  was i n c o n s i s t e n t w i t h  against law,  that  i t was " c o n t r a r y  fraud.^  which  stated  to natural  any o f t h e " p r i n c i p l e s "  Third, i t transgressed that  justice."  "no n a t i o n  Second,  o f t h e law  against international  has a r i g h t  t o become t h e  70  means o f d e s t r o y i n g  another's  Brougham's o b j e c t i o n s in  philosophy.  Common l a w , w h i c h  refused  to accept  own l i g h t s ,  throwing The  placed  the notion  from  his training  t o t h e p r i n c i p l e s ,of S c o t t i s h  Such c o n s i d e r a t i o n s  English  their  Unfortunately,  to the decision followed  Roman law and h i s a d h e r e n c e  moral  to  institutions."  had no v a l i d i t y i n  precedent  o f an a b s t r a c t  the E n g l i s h courts  above  p r i n c i p l e and  'justice'.  were q u i t e  According  correct i n  the case o u t . case  Roman l a w .  evidences During  upon t o show t h a t Scotland.  Brougham's k n o w l e d g e  i t s course,  a S c o t t i s h lawyer  t h e m a r r i a g e was v a l i d  In h i s c r o s s  of and r e s p e c t f o r  examination,  under  was  called  t h e law o f  Brougham drew  heavily  71  the  p r i n c i p l e s o f Roman laws (Brougham) I s n o t t h e C i v i l Law o f h i g h a u t h o r i t y i n the'Scotch law o f m a r r i a g e ? and does n o t t h e S c o t c h law i m p o r t i n t o t h e law o f m a r r i a g e t h e p r i n c i p l e o f t h e Roman l a w , ' c o n s e n s u s non concubitus f a c i t nuptias'? (lawyer) I t doess a n d we l o n g u s e d t o go by t h e C i v i l Law, b u t we now t h i n k we have c a s e s on w h i c h we c a n p r o c e e d . (Brougham) But t h e C i v i l Law p r i n c i p l e s a r e o f h i g h a u t h o r i t y a s r e s p e c t s t h e S c o t c h law o f marriage?  from  78  (lawyer)  Certainly.  (Brougham) A r e you n o t aware i t i s a p r i n c i p l e i n t h e C i v i l Law, t h a t a c o n t r a c t i s v o i d " c u i d o l u s d a t l o c u m ; " t h a t t h e r e i s a p r i n c i p l e i n t h e C i v i l Law which v o i d s a c o n t r a c t o f t h a t s o r t ? Brougham's d e v o t i o n bring  this  case,  t o p r i n c i p l e was s u c h  that  o r any p a r t i c u l a r i n s t a n c e ,  Mansfield  before  h i m , Brougham  technical  arguments.  refused  he was w i l l i n g t o  under  to accept  i t .  Like  purely  72 Much t o t h e c h a g r i n court,  o f t h e l a w y e r s who p r a c t i c e d  Brougham c o n t i n u e d  Chancellor  i n 1830.  subtelties  and a b s u r d  this  i n his  p r a c t i c e a f t e r he became  He was e v e r  impatient  refinements'  Lord  of the 'vain  o f the s u i t s  presented  73 before hasty  him.  This.impatience  and i l l - f o r m e d d e c i s i o n s .  Chancellors,  has p o i n t e d  Brougham was g u i l t y , law  often  of equity.  Atlay,  i n The V i c t o r i a n  to the serious  as w e l l  Still,  l e d Brougham t o make  errors  as h i s d e f e c t i v e  i t appears  that  o f which knowledge o f t h e  much o f Brougham's  " i g n o r a n c e " a n d " p r e c i p i t a t i o n " was a t t r i b u t a b l e t o h i s d e s i r e to  reduce cases  to basic  e or  "incompetence'.'"  And i t i s h a r d l y  have a bad o p i n i o n  other  hand, t h i s  and ' e q u i t y ' ,  principles As  Bentham,  There,  "carelessness"  Chancellor,  sort  s u r p r i s i n g that of reductionism.  have been q u i t e  no d i s t i n c t i o n  and ' e q u i t y '  of n a t u r a l  Lord  of t h i s  p r a c t i c e would  Scottish courts.  'law'  t h a n any  75  would  the  p r i n c i p l e s , rather  t h e Bar On t h e  acceptable  in  was made between  was u s u a l l y  equated  with the  justice. Brougham was >o  One o f Brougham's p r o p o s a l s  further^dissappoint  even  resulted  i n Bentham  ^  79  calling absorb  h i m "an enemy".  T h i s was  Brougham's  resolution to  t h e C o u r t s o f t h e v i c e - C h a n c e l l o r and t h e M a s t e r  of the  76 Rolls  into  the Chancery Court proper.  t h e m e a s u r e was a l i b e r a l  The r a t i o n a l e  one -- t h r e e e q u i t y  of one, c o u l d a c t as a check  judges,  upon b i a s e d o r m i s t a k e n  Bentham s e v e r l y a t t a c k e d Brougham on t h i s m a t t e r l o v e o f j u r i e s ) i n an e s s a y Helluo Curiarum," and r i d i c u l e d . 77 wrote:  i n which  the l i b e r a l  entitled  behind instead  judgements.  (as w e l l as h i s  "Boa C o n s t r i c t o r ,  he d e f e n d e d  alias  'single-seated*  justice  t h e o r y o f c h e c k s and b a l a n c e s .  Bentham  F o r my own p a r t , my own o p i n i o n , r i g h t o r w r o n g , i s a t any r a t e c l e a r , d e t e r m i n a t e , a n d s e l f - c o n s i s t e n t : i t i s -- t h a t so f a r a s d e p e n d s on 'number', i n t h e case of a j u d i c i a l s i t u a t i o n , a p t i t u d e i s as t h e number o f t h e f u n c t i o n a r i e s o c c u p y i n g i t , i n v e r s e l y . Bentham was no l i b e r a l ; University,  Brougham, a s a p r o d u c t o f  Edinburgh  was.  IV In p r a c t i c e ,  t h e r e f o r e , a s w e l l a s i n t h e o r y , Brougham  a product of h i s S c o t t i s h  background.  demonstrate,  converged  two e l e m e n t s  on t h e r e f o r m o f E n g l i s h l a w . French  rigidly, guarantee  liberalism,  constituted  l a w , w i t h i t s r e l i a n c e on r a t i o n a l  l a w , was t h e o t h e r .  one  d e r i v e d from element;  p r i n c i p l e s a n d Roman  One s h o u l d n o t s e p e r a t e t h e s e e l e m e n t s  however, s i n c e t h e S c o t t i s h of a l i b e r a l  If t h i s  to  t o form h i s a t t i t u d e  Edinburgh  t h i n k e r s such as Montesquieu,  Scottish  As we have t r i e d  B a r was  too  regarded as 'the  mind'.  interpretation  Brougham was Bentham's  was  i s correct,  'disciple*  then the n o t i o n that  c a n no l o n g e r be  entertained.  80  Moreover, Scottish ship  of  if  Brougham's  cultural  tradition, Jeremy  be p l a c e d  its  'deus  ex  between  most o f  within  formative  years i n Scotland.  lampooned  one o f  Brougham's  the  relationbe  reform  biographers He r e a l i z e d ,  were a t t r i b u t a b l e As a m a t t e r  Bills  his  machina'.  Brougham a n d h i m s e l f .  these d i f f e r e n c e s  then the  l a w r e f o r m must  Bentham was more a w a r e t h a n h i s  differences that  t h a n as  were i n s p i r e d by  environment,  nineteenth century  Bentham s h o u l d rather  activities  and p r a c t i c a l  Bentham t o  reappraised.  legal  of  to  fact,  by r e f e r r i n g  to  of  the  too,  Brougham's Bentham  its  Scottish  78 authorships N o b l e andi l e a r n e d e y a s ! c a n you c a r r y y o u r s e l v e s so f a r as t o t h e o t h e r s i d e o f t h e T w e e d ? . . . In S c o t l a n d , had n o t t h e n o b l e a n d l e a r n e d f a t h e r of t h i s a c t , i f not the w h o l e , the l a s t and f i n i s h i n g p a r t , of h i s education? In h i s a d v o c a t e ' s s h a p e , d i d n o t — i n h i s c h a n c e l l o r ' s s t a t e , have n o t a l r e a d y — t h o s e same n o b l e a n d l e a r n e d e y e s f o u n d need t o c a r r y t h e m s e l v e s a l l o v e r t h a t p a r t of the i s l a n d ? Indeed  they  had.  81  CHAPTER  THE  POOR  LAW  IV  DEBATE  I renounce any c o n n e c t i o n with a society speaking o f men a s m e r e a n i m a l s , of r e a r i n g them a n d s e n d i n g them t o market! Anonymous  82  Most 'lower  of  Brougham's  orders'.''"  decisive  task  He  of  energy  was  considered  directed  legal  indoctrinating  the  at  reform  poor  the  reform  secondary  with  a  new  of  to  the  the  mentality  2 consistent  with  design  involved  frames  of  a  developing  much  more  reference. new  human  behavior.  For  Brougham,  way  of  he  this  While a  new  by  the  late  of  improvement  the  of  Poor  idleness; 'real'  most  to  Though  were within  the  of  of  the  tantamount with  formidable the  poor.  monster' 'lower  were:  labour the  --  had  The  three  it'discouraged improvidence; by  denying  critics that  context  that  shifted  the  had  to  Law.  Brougham, f i r s t  not  attention.  witnessed  The  a  impediment  to  corrupting  by  criticisms  rewarding  i t decreased  be  the  considerably  frequent  widely  a  which  certainly  labour and  --  was  fundamental  most  in  Poor  i t m o b i l i t y and  disagreed  something  stood  the  active  was  of  to  obstacle  century  poor  creation  obstacle  was  a  traditional  incentives  orders'  the  Such  of  the  That  Brougham's  labouring  to  unique  nineteenth  Law.  society.  redirection  significance  early  Poor  a  a  declaring that  convinced such  the  and  i t encouraged of  of  attracted  and  the Law  price  market.  was  i t had  pamphlets  influence  one  'stalking  i t s focus  time  of  a  problem  eighteenth  spate the  as  the  one,  nature,  re-modelling  described  than  I t was  completely  industrial  a  the  competitive  upon  the  solution,  done  quickly.  It  addressed himself 3 problem of the poor. In 1817, he w r o t e : The c o u r s e o f p r o c e e d i n g w h i c h t h e l e g i s l a t u r e o u g h t to pursue i n d e a l i n g with the e s t a t e s of the poor, i s a s u b j e c t of p e c u l i a r d e l i c a c y and c l o s e l y connected w i t h t h e g r e a t q u e s t i o n o f the Poor Laws. It i s  83 c h i e f l y i n t h i s c o n n e c t i o n , t h a t I have f r o m t h e b e g i n n i n g been i n d u c e d t o r e g a r d b o t h t h e s u b j e c t o f C h a r i t i e s and of N a t i o n a l e d u c a t i o n . Because t h i s on  'great  the reform  question'  o f t h e 'lower  consideration  dominated  orders',  contemporary  i t warrants  thought  some  general  here.  I  Contemporary  s c h o l a r s h i p on t h e O l d Poor  invariably  concerned  introduced  by t h e B e r k s h i r e  abolished  with  by t h e Poor  t h e s o - c a l l e d Speenhamland magistrates  Law Amendment  the able-bodied  a b o u t a good  many  labourer.  any  serious  which t h i s ans  beneficial  suffering  and r u r a l  Unfortunately, about  i n the sense  sophisticated Regardless nonetheless  have  bandied of  t h e way i n  The f i n d i n g s o f h i s t o r i iridicate  that the  effect  or s i g n i f i c a n t  i t d i d have  of preventing  was  unnecessary  riot. this  the perception  contemporaries.  of r e l i e f  r e c e n t l y has  was n o t a s w i d e s p r e a d  What l i t t l e  finally  the nature  to determine  and James H u z e l  6  they  about  system,  Historians  4  system  But o n l y  in practice.  relief  was once b e l i e v e d .  probably  of h i s t o r y .  system worked  of outdoor  assumptions  been u n d e r t a k e n  s u c h a s Mark B l a n g  practice as  research  this  In t h e p r o c e s s ,  ideological  man and t h e d e v e l o p m e n t  i n 1795 and  Act of 1834.  have o f f e r e d a r g u m e n t s f o r a n d a g a i n s t to  Law i s a l m o s t  kind  of i n f o r m a t i o n  of pauperism  They  had n e i t h e r  analytical  clear that  by Brougham and the s t a t i s t i c s  t o o l s to a r r i v e  of the a c t u a l e f f e c t s a great  tells  many  intelligent  little  other nor the  a t these  of the r e l i e f  us v e r y  conclusions.  system,  i t is  men came t o  84  perceive  i t as  a  serious  while  Poor  Law  Amendment  Act  p r i m a r i l y to  protests  certainly  did  become embodied  of  perception life.  In  classical  of  too  economy.  dependant  1928,  unemployed  assuming  i n the  And,  doctrines  i t w o u l d be  disease  E n g l i s h m e n were  their  has  was  organism.  much t o a t t r i b u t e t h e influence,  i n the  had  a  struck  their  powerful  Furthermore,  poverty  George O r w e l l  social  their  remarkably by  'ashamed' t o be  the out  long  fact  that  o f work,  despite  7 the on  realization the  Dole'  poverty  was  that  had  no  truly  jobs  were t o be  internalized  a personal  failing  had.  the  rather  economic  than a  T h i s a t t i t u d e t o w a r d s d e p e n d e n c e was in  the  Poor  Law  contemporary remedy. Report the  Report  opinion  Extolling advised  of  on  the  that  1834,  the  the  workhouse  i n order  of  the  workhouse s i t u a t i o n  than  the  lowest  attached of  the  of a  p a i d worker.  stigma  to  dependant  depression  of  the  In t h e i r Webbs p l a c e d  pioneering  a misdirected  They assumed  that  the  P o o r Law  Amendment A c t  of  1834.  New  Poor  Law  reflected  the  emphasis  Report.  the  poverty  of  to  be  which not  Report g  the  relief to  way, even  Poor  Law,  eligible' Report experience  the  Commissioner^]  brought  i n t o being  In a l l p r o b a b i l i t y ,  more t h e  be  the the  as  the  might 'less  the  eradicate.  English on  its  self-help,  fraud  In t h i s  1930's c o u l d study  problem.  enlightened  According  was  that  articulated  outdoor  i d l e n e s s and  discouraged, that  of  p r u d e n c e and  destitution.  that  social  p a u p e r i s m and  replace  'loafers  belief  clearly  synthesis  nature  v i r t u e s of  means f o r a l l e v i a t i n g  Commissioners,  a  These  s t a t e of  the  the  however,  honourable  1  85  members' p u r s e s  than  the  a p p l i c a t i o n o f any  abstract  theory  rates  landowners  g of  pauperism.  until It  the  may  the  be  i n the  the  cost  case,  to  be  of  the  Again,  perception  of  and,  Parliament.  providing Act  a pale  intended.  Commissioners  question  Beatrice  i n the  Malthusv  Report  They  The  evidence, law  was  for  so  reflection  of  i t s real  poverty  the  utilitarian  which i t  influence  that  the  Malthus'  Without thinkers  a noteworthy J.D.  C o m m i s s i o n was  the  denying  s u c h as  the  the  important  Bentham and  Poor  Bentham  of  and  guiding  scanty In  there  his is  Mark  essay  on  "little  decisively,  Law  the  population  by  that  influenced,  of  of  power.  In a s i m i l a r v e i n ,  villian  attributing  supported  states  of  satisfactorily.  Commissioner  staying  Marshall  of  theory  were t h e  analysis  answered  s o l e l y to  thought."^  M a l t h u s as  be  mistake  Webbs* a s s u m p t i o n s ,  research,  their  Webb made t h e  claimed  have had  doubt t h a t  derive  remains to  Benthamite u t i l i t a r i a n i s m  lights.^  out  In any  i n p r a c t i c e as  rested  This  S i d n e y and  poor  rapidly rising  had  by  to e s t a b l i s h .  pauperism?  and  were p a i d  landowners dominated  issue.  Commissioners  Whence d i d  ideas  the  the  modified  significance helped  century,  that  decided  seriously what t h e  poor  twentieth  well  poor  The  by  Blaug  singles  debate.  c o n t r i b u t i o n of i n d i v i d u a l  Malthus,  i t i s suggested  that  the  13 Webbs have l e d h i s t o r i a n s on out  of  'influential'  blindness  towards  p o o r w h i c h was  the  an  unfruitful  intellectuals rich  c a r r i e d on  and  has  complex  throughout  chase.  resulted debate  the  on  The  in a the  eighteenth  singling  general labouring century  and  86 continued  on  into  important  work  By  emphasizing  on  dependant  made a the  examines  is  and  of  of  necessary  to  conceptions E.S.  Furniss  century  to  1795  while The  further  observers  a  that  and  number is a  the  a  Ppytner he  superficial  which  Brougham  pauperism,  i t  is  century  classic  not  v  whole.  belief  was  within  positions  eighteenth his  does  period  somewhat as  In  poverty  of  lack.  opinions  author  the  towards  dominant  this  lYlalthus  attitude  into  Pgynter's  remedy  the  Still,  labour.  that  was  Bentham  held  back  and  claimed  1834,  pauperism  contemporaries  to  J.R.  contradictory  and  the  understand  poverty  and  result  of  Even  fails  i t s head.  question  reach  of  at  short,  fully his  varied,  to-place  large.  the  order  some  than  century.  Pauperism  between  effort  too  too  and  subtle,  poverty  far  treatment In  the  rather  is  nineteenth  Society  determined  debate  covers  the  of  study,  eighteenth  only  inevitable  but  15 imperative. to  force  the  necessary to  the  Only  belief  Coats  view  existed  the  the  is  may  poor  alongside  would  primarily  the  been  the  i t .  In  to  long  as  dominant that  a  argues  In  man  had  a  he  was  rewarded  but  servile  paradigm, quite  that was  fact,  a  possible  connected and but  i f  contradictory  Attitudes  incentives 1 6  i t  degrading  inherently  Coats  century.  was  intimately  "Changing  labour  that  was  was  i t seems  claimed as  attitude labour  starvation  perform  then  eighteenth  just  of  to  Century,''  respond  Scots,  industry'  an  have  correct,  fear  poor  manual  Mid-Eighteenth  throughout  to  Such  that This  A.W.  in  stiff-necked  labour.  unpleasant.  through  to the  Labour belief  gaining some  ground  thinkers,  ' n a t u r a l j. i m p u l s e for  his  that  labour.  87  By  the n i n e t e e n t h  considerable For  the l a t t e r  view  respond  regarded,  that  t o economic  a t best,  work was  as a necessary  man's n a t u r a l  granting of  inclination  of a right.V  total  a b o l i t i o n o f t h e P o o r Law.  one it  at that.  the  i t i s f a r too s i m p l i s t i c  New a t t i t u d e s  variable  that  It  t o work by  regardless.  Like  critical  to say that  many  of t h i s f o r the  Brougham was  i n a new l i g h t  and t o l e a v e  do n o t a r i s e o u t o f t h i n a i r .  throughout  S c o t t i s h conception  doubt  pauperism  f a c t o r i n the development  significant  duty  He even went so f a r a s t o c a l l  o f t h o s e who r e g a r d e d  crucial  and m o r a l  could  More o f t e n , i t  institution.  Brougham was h i g h l y  "idea  However,  t h e Poor Law  expedient.  him a ' r i g h t ' t o s u b s i s t e n c e  h i s contemporaries,  ' n a t u r a l ' and t h a t the  incentives,  was s e e n a s a d a n g e r o u s and p e r n i c i o u s negated  had g a i n e d  support.*''  t h o s e who b e l i e v e d  p o o r would be  century,  o f Brougham's  t h e Poor  ideas,  The  and a  Law d e b a t e , was t h a t o f  o f work and p a u p e r i s m .  t h e new a t t i t u d e was most c l e a r l y  There  is little  f o r m u l a t e d by 18  members o f t h e S c o t t i s h S c h o o l Hume a n d S m i t h , a s w e l l School, lower  regarded  orders  of moral p h i l o s o p h y .  as the l e s s e r l u m i n a r i e s  an i n c r e a s e  i n the standard  a s "an u n m i s t a k e a b l e - i n d i c a t i o n  Both  of the S c o t t i s h  of l i v i n g  of the  of national  well-  19 being." in  It i s also  t h e Poor  whether  Oastler,  that  Law d e b a t e a c c e p t e d  or not they wished  entirety, receive  clear  the pamphleteers  i t s j u s t reward.  a majority this  view.  of the propagandists Regardless of  t o s e e t h e Poor Law a b o l i s h e d usually This  a s i t was o f men l i k e  agreed  that  labour  in its  should  was a s t r u e o f C o b b e t t and 20 Brougham.  88  The  importance of the S c o t t i s h  new conception  School  i n the spread  of the;a;onomic r a t i o n a l i t y of the worker and the  advantages of high wages should not be underestimated. until  of a  the mid-nineteenth  Not  century, a t which time workers began  to a d j u s t to the r u l e s of the marketplace,  d i d any more than  21  a s m a l l m i n o r i t y of workers respond to monetary i n c e n t i v e s . Nor d i d employers see any b e n e f i t s i n i n c e n t i v e payments and  22 ' i n t e n s i v e labour u t i l i z a t i o n '  until  l a t e i n the century.  Yet  the t h e o r i s t s who a t t a c k e d the a d m i n i s t r a t i o n of r e l i e f demonstrated a p e r c e p t i v e n e s s f a r i n advance of those engaged i n labour and p r o d u c t i o n .  Implicitly  they assumed that a l l men were p o t e n t i a l l y calculating The  actually  or e x p l i c i t l y ,  r a t i o n a l and  i n Adam Smith's terms.  S c o t t i s h School  had done a good job of d i s s e m i n a t i n g i t s c  doctrine. the  Townsend was w e l l acquainted with the p r i n c i p l e s of  'Edinburgh  literati's  Bentham claimed  t h a t he was f o l l o w i n g  Smith i n h i s a t t a c k on low wages and the Law of Settlement; and  23 Eden t i t l e d  himself  'a d i s c i p l e of Adam Smith'.  i n t e r e s t i n g pamphlet e n t i t l e d  In h i s  "The C o n d i t i o n of the Labouring  C l a s s e s of S o c i e t y " , John Barton claimed  to be arguing  from t h e .  " i n c o n t r o v e r t a b l e o p i n i o n s of Locke, Hume, and Smith" i n h i s a t t a c k on the m e r c h a n t i l i s t t h e o r i e s of Y o u n g . r e f e r e n c e s may be found the Poor Law.  And s i m i l a r  i n many of the t r a c t s w r i t t e n a g a i n s t  Brougham, of course, was f o r e v e r r e f e r r i n g t o  S c o t t i s h thought  i n h i s w r i t i n g s and speeches.  While the Poor Law propagandists philosophy,  24  drew upon S c o t t i s h  many p o i n t e d as w e l l t o S c o t l a n d ' s  s u p e r i o r system  89  of a d m i n i s t e r i n g Scotland  as  poor  with a  yet  relief.  a country  Champions o f  hard  the  without  any  working,  s u p e r i o r i t y of  again,  legal  obedient  S c o t t i s h system,  Rickman, C h a l m e r s , the  A g a i n and  Scots  to  labour  such as,  the  cited  provision  Curwen, Brougham and the  they  for  the  force.  Townsend,  Davies,  Whitbread, a t t r i b u t e d  fact  that  their  system  of  25 relief the  was  real  a voluntary  inclined  to  facing  beginning possible  to  look  "impudent but  industrious  and  and  the even  at  sums o f  sick  or  aged.  money f r o m  the  as  to  force  Thus,  one  railed  t h o s e who Scot an  did  should  not  the  Furthermore,  not  the  the  a  it  contributions assume t h a t their  the  English the  E n g l i s h Poor 27  country.  swallow  that  able-bodied  support  as his  d e r i s i o n of  own  i t did  in  were  assessment,  o f f than  over  century,  Law  as  compulsory  were u s u a l l y w i l l i n g  between  to  out  voluntary  against  improvement  industry  Poor  powers o f  as  were  many S c o t s  Rose p o i n t e d not  were not  Law  English  suffering in their  least discriminated  the  of  distort  nineteenth  poor and  t r u t h i n Cobbett's  obedient  S c o t t i s h s y s t e m was  the  considerable  q u a c k s " who  overlooked  greatly  Poor  early  were much b e t t e r  T h e r e was  Scotch  i n the  was  common law 26  classes  English  George  in Scotland  Nevertheless,  It  as  special conditions.  counterparts.  the  And,  the  working  the  example  h e r i t o r s had  upon  of  problems with the  writings  Scottish conditions  Scotland,  to  relief  called  critics  believe.  Kirk  Scottish  Law  the  solution.  seemed.  under  as  i t s own  pamphlets,  and  Their  s i t u a t i o n , however.  satisfactory  was  one.  not of  the  myth o f  to admit of  the  that  England. labourer  divert  large  a stagnating  rural  90  society. these  Among  grounds  Romilly,  and  Thus,  we  Sturges  Bourne.  variables  the  Law.  policy of  Ireland  the  More  defender  the  of  of  how  of  on  Malthus,  and  Rose,  assess.  The  in  the  Captain  role  this  on  the  attitude  on  the  actual  demise such  for  Swing  in bringing  i t seems  effect  to  problems  agitation  an  increasing  the  the  to  debate  variables  and  practice  crucial  century  factor  and  Scottish  the  We  Scottish  Scottish Brougham  English  to  However, some  model  of  the  as  the  relief riots  the  probable  Old  in of  problem that  the  formulation of has  cost  a  remained  with  Brougham  is  us  age.  determine. of  those  change  important  had  are  nineteenth  1815,  important,  influence to  of  1820's,  an  attitude  product  strate  the  forward.  modern  The  social  Eden,  thought  pauperism  an.important  distress  a l l played  solution.  a  was  Scottish  28  of  early  the  Scottish  relationship  during  Scottish  easier  the  Dramatic  pauperism  in  of  relief  agricultural  of  treatment  The  Law.  1830,  of  to  Chadwick,  decisions is difficult  poor  Poor  looked  number:  understanding Poor  who  can  the  concerning  those  Poor  have  ideas  already  School  and  institutions. evidenced  on  these  Henry shown  that  an  extremely  What  remains  traits  in  Brougham  much was  nationalistic i s to  demon-  his attack  on  Law.  II  Brougham University  and  were  several  other  former  fortunate i n being  students  able  to  use  of the  Edinburgh Edinburgh  91 Review as a v e h i c l e  f o r the spread of S c o t t i s h  ideas  on  work  29 and  pauperism.  The  and  severe c r i t i c i s m  during  the e a r l y  sector  of B r i t i s h  its  contributors  outdoor  relief:  E d i n b u r g h Review m a i n t a i n e d a c o n s t a n t against  the E n g l i s h  n i n e t e e n t h c e n t u r y and  Poor  Law  policy  educated a  significant 30  society  in abolitionist  principles.  were two  of the f i e r c e s t  opponents  Chalmers  and  a number o f a r t i c l e s  Brougham.  Among  of  Malthus,- t o o ,  f o r the p u b l i c a t i o n  and  wrote  t h e Review  was  from the f i r s t a s t a u n c h s u p p o r t e r o f the M a l t h u s i a n d o c t r i n e a s i t a p p l i e d t o t h e Poor Law. T h e r e a p p e a r s t o have been a f a i r l y c o n s i s t e n t d i v i s i o n o f labour  among t h e c o n t r i b u t o r s  to the Edinburgh  Review  on  the  31 problem  of the poor.  course,  Thomas C h a l m e r s ,  Poor  Law,  John  wrote  S i d n e y S m i t h , and,  most o f t h e a r t i c l e s  w h i l e t h e e d u c a t i o n o f t h e poor was  Brougham's t e r r i t o r y . two  Allen,  However, one  i s s u e s were d i s t i n c t  of  on  the  considered  s h o u l d n o t assume  to  that  i n t h e minds o f t h e r e v i e w e r s ,  be the  ^uite  j  the  reverse.  "Causes Poor  and  Law  Thomas C h a l m e r s ,  Cures  f o r example,  of Pauperism",  "sustains  argued  the whole f a b r i c  that  i n h i s essays  on  the o p e r a t i o n  of the  of pauperism."  "A  powerful  as  s a f e g u a r d a g a i n s t t h a t d e g r a d a t i o n o f c h a r a c t e r among t h e p e o p l e " , he went on t o s a y , was " m o r a l e d u c a t i o n " i n " i n d u s t r y " 32 and  "frugality".  damning on few  Similarly,  comments on  Brougham made  the o p e r a t i o n  t h e e d u c a t i o n o f t h e p o o r and examples "Two  will  facts  suffice  speak  o f t h e Poor the s t a t e  to i n d i c a t e  a language  which  innumerable Law  i n h i s essays  of the n a t i o n .  h i s views  on  cannot  disregarded,"  be  the  A  subject.  92  Brougham  wrote  i n an  article  of  1813:""  0  1st, T h e r e i s no p o o r - r a t e i n S c o t l a n d . In England every e i g h t h or n i n t h man i s a pauper; and the poor's r a t e , w h i c h was a l i t t l e u n d e r f i v e m i l l i o n s t e n years ago, i s p r o b a b l y a s much m o r e t h a n s i x a t present. 2 n d , A c c o r d i n g t o t h e c r i m i n a l c a l e n d e r s o f t h e two c o u n t r i e s , f o r every s i n g l e c r i m i n a l i n Scotland, i n an e q u a l q u a n t i t y o f t h e p o p u l a t i o n , you have e l e v e n in England. L  Like  many  of  condemning with  that  comes that  the of  out the  his  Poor  i n almost  Poor  wake  come  Brougham  had  vice,  facing  abolished  altogether. withdrawn  35  fond  Scottish  of  situation  nationalistic  wrote.  He  3 4  to  English counterparts.  their the  that the  moral  morally,  fibre  of  the  Poor  Law  the  very  was  least,  able-bodied  he  as The  populace; In  the  that  poort  well  the  insurrection.  L e g i s l a t u r e and  the  as  and  pride  believed  were  At  from  he  was  Scotland  crime,  claimed  the  Brougham's  article  sapped  problem  be  of  Brougham  comparing  Indeed,  every  important  should  by  superior  Law  had  writing,  Law  orders  intellectually,  its  reviewers,  England.  lower  English  fellow  a  in  later  most  i t should  argued,  be  relief  3 5  i n a l i t t l e more t h a n t w e n t y y e a r s i t w o u l d l e a v e no p o o r t o be p r o v i d e d f o r , e x c e p t t h o s e who are i n capable of working, from a c c i d e n t , d i s e a s e , or age. T h e r e may be a q u e s t i o n w h e t h e r e v e n t h e s e o u g h t n o t to be l e f t d e p e n d a n t u p o n p r i v a t e c h a r i t y , b u t , a t a l l e v e n t s , t h e p o o r f r o m want o f employment, should look to t h i s source of support alone. Harsh be  wary  genuine could  words,  of  accusing  sympathy  argue  depressed  indeed,  for  for  the  modern  Brougham  and  his  the  with'Maithus  the  wages  of  plight that  labour,  of  the  Still,  colleagues  the Poor  thus  ear!  poor. Law  The  was  negating  of  a  should  lack  of  reviewers  cruel  the  one  because  effect  of  i t  money  93 incentives. respect  Furthermore,  and l e f t  i t sapped  t h e poor  the worker  a t t h e mercy  of h i s self  of p o s i t i v e  checks  37 towards  population  believed  that  eliminated that  the problem  through  Brougham  Young,  growth.  But, above  of the deserving  private  railed  One  Young  So c e n t r a l  a fellow  a l l alms  reviewer  a man  poor  that,  could was  should  be  be  this  abolitionist,  they  belief  Arthur  abolished.  h a d f o r g o t t e n " t h e common 38 language and f e e l i n g s of humanity." Even M a l t h u s , t h e hero o f t h e E d i n b u r g h R e v i e w , was n o t f r e e f r o m c r i t i c i s m o n t h i s score.  labelled  charity.  against  f o r advocating that  Brougham  and beyond  wrote:  who  39  T h e r e i s no d a n g e r t h a t t h e l i b e r a l i t y o f i n d i v i d u a l s w i l l ever flow so c e r t a i n l y , or so abundantly, as to draw a f t e r i t a n y s o r t o f d e p e n d a n c e . . . . g e n u i n e benevolence, i n s h o r t , v i s i t s and r e l i e v e s distress w i t h o u t any s t r i c t i n q u i r y i n t o i t s cause, wherever i t i s found. 'Jie c a n n o t t h e r e f o r e a g r e e w i t h Mr. M a l t h u s , t h a t t h e hand o f p r i v a t e b e n e v o l e n c e s h o u l d be v e r y s p a r i n g l y s t r e t c h e d o u t . This  theme  Edinburgh  recurs Review.  philosophy  this The like  often  referred  i n h i s own  position  "Causes  a deliberate A l l  o f t h e human  circumstances." ^ 4  i n the a r t i c l e s directly  t o Adam  men,  Smith's  and Cures o f Adam  Chalmers  theory  Smith's writes,  reads  Theory  of  Chalmers. i n parts  of Moral  a r e l e d by  i t i s a  'natural  articulation  of Pauperism"  words,  of  of h i s associate  constitution.... to associate In o t h e r  the moral  the clearest  i n the essays  parody  from  of the  School.  writings,but  i s found  1818 e s s a y  Sentiments. law  And, i t stems  of the Scottish  Brougham sympathy'  a g a i n and a g a i n  "that  with  principle  great  similar o f man's  94 nature  that  he s h o u l d  Unfortunately, 'fettered' The  Poor  kindlier men  freely  robbing  a s we  Nevertheless,  John  i t remains  principal  to grasp  Scotch  Clive  On f i r s t  Reviewers;  claims that  was  mens'  and  ' will  endearing  of i t s  Britain'",  of Great  a g a i n s t Cobbett's  Cottage  Economy.  positions  became t h e i f we a r e  more  praised  fflalthus  closely.  Review', 1802-1815,  entitled  Brougham to  of the  However,  of both  seem  to bear  Malthusians. this  Malthus'  Furthermore,  a t t a c k i n a review  i n almost  he of  theory of  thought  and was,  Cobbett's important  In t h e f i r s t  of c i v i l i z a t i o n therefore,  every  defended  N e v e r t h e l e s s , t h e r e were e x t r e m e l y  Brougham's t h e o r y o f t h e d e v e l o p m e n t  4 2  "O'Connor's ' P r e s e n t  as a g e n i u s  between Brougham and M a l t h u s .  enlightenment  benevolence.  f o r Brougham and h i s f r i e n d s ,  The ' E d i n b u r g h  on e d u c a t i o n .  Malthus  43  to task f o r  the d a r l i n g  on e c o n o m i c s .  In an e s s a y  He r e f e r r e d  of h i s essays  taken of  he was  Brougham's w r i t i n g s  State  from  Law.  then,  t h e r e v i e w e r s were s t a u n c h  out.  differences  become  t h e 1820's when M c C u l l o c h  writer  interpretation  one  Only  a l l i t s lovely  true that  fYlalthus' a p p e a l  glance^  population.  that  i t o f one p a r t i c a l  must examine t h e r e s p e c t i v e In  again.  have a l r e a d y shown,  Review up u n t i l  periodical's .really  had  o f t h e Poor  t o r e c o g n i z e t h e power and b e a u t y  Edinburgh  brethren.  4 1  Malthus,  we  feeling  aspect  "to Benevolence  without  efficiency."  h i s poorer  t o be a b o l i s h e d i n o r d e r  c o u l d work  have r e s t o r e d  failing  the compulsory  needed  feelings  attributes,  with  Chalmers c l a i m e d , t h i s  through  Law  sympathize  was  much more  place, taken optimistic.  95 It  i s for this  like  the  reason  wage t h e o r y  Secondly, question  the of  the  to  to  that  the  m i n i m a l and  to  doctrine  d i d not  center  fact,  Malthus  he  attacked  i n f l u e n c e of h i s case,  the  Poor  instead,  the  to  be  Poor  Poor  on  the  4,  the rather  Law  Law  on  as  w r i t i n g s , he  Law  on  anything  around  tended  the  However, i n l a t e r  to  Malthus' p o s i t i o n .  p o s s i b l e i n f l u e n c e of  Initially,  rested  reference  crucial  In  population. the  f i n d s no so  Law.  growth.  stimulus claim  Poor  about  one  w h i c h was  Malthusian  contradictory population  that  a  tended  population  fraudulent  was nature  45 of  the  Poor  'Edinburgh concerned policy.  Law  i n promising  Reviewers', with  the  Thus,  on  alleviation  the  other  a p p l i c a t i o n of  they  from  suffering.  hand, were a l m o s t  Malthus'  were M a l t h u s i a n  theory  i n only  to  a very  The  totally Poor  Law  narrow  46 sense. Malthus called  f o r the  writers,  They as  relief  thought  Scottish  appeal  abolition  their  f o r the of  the  E n g l i s h ' system  argument.  whenever .he  benevolence  When an  'voluntary'  or  His  could  At  concern not  be  Law.  prepared  system  of  could  Edinburgh  Malthus'  with  the  on  the  i n mind.  be  teachings  t o keep wages low  of  away  as  used  M a l t h u s was  r e c o n c i l e d with  element  do  he  English  in principle  same t i m e ,  i n the  Most  Scotland  Malthus  the  to  because  his colleagues,  irrational  contradicted  his followers  important  the  reviewers  Poor  Brougham and  in administration.  School.  Adam S m i t h  entirely. the  the  inefficient  or a t t a c k e d  of  total  hand, had  support  strong  i n c l u d i n g Bentham, were not  organized other  held a  of  and  well  to  ignored the  his  distrust  doctrines  of  Review.  theory  i s examined, i t  96  is  possible  the  further  reviewers.  That  Malthus attached associated idleness  depravity,  good;"  to  element  order,  irregular  and  sin.  would  Malthus'  eyes,  personal  or  would  social  that  reverse  work was  interest;  value  and  which  God's b l e s s i n g ,  whereas  with d i s s i p a t i o n ,  'constant  i n d i v i d u a l to  have t h e  therefore,  and  Brougham  Malthus c o n t i n u a l l y  associated  believed  e n a b l e an  indolence  'idleness'.  he  to  religious  calling,  habits  He  i t s appeal  i s the  'work' and  work w i t h  and  exertion'  to u n d e r s t a n d  and  "avoid  regular  evil  effect.  and  As  pursue  seen  in  much more t h a n a m a t t e r  i t was  a religious  duty.  of  Thus  47  the  concluding  lines  to  the  Essay  on  Populations  E v i l e x i s t s i n the w o r l d not t o c r e a t e d e s p a i r but activity. We a r e not p a t i e n t l y t o s u b m i t t o i t , but t o e x e r t o u r s e l v e s t o a v o i d i t . I t i s not o n l y t h e d u t y o f e v e r y i n d i v i d u a l t o use h i s u t m o s t e f f o r t s t o remove e v i l f r o m h i m s e l f and f r o m as l a r g e a c i r c l e as he can i n f l u e n c e , and t h e more he e x e r c i s e s h i m s e l f i n t h i s d u t y , t h e more w i s e l y he d i r e c t s h i s e f f o r t s , and the more s u c c e s s f u l t h e s e e f f o r t s a r e , the more he w i l l p r o b a b l y i m p r o v e and e x a l t h i s own mind and t h e more c o m p l e t e l y does he a p p e a r t o f u l f i l l t h e w i l l of h i s C r e a t o r . Malthus*  message  work i s a Not moral  r e f l e c t i o n of  philosophy This  religion,  which  God  until had  Godly  I d l e hands a r e  the  dominated  discipline. by  a  a t t i t u d e had  demanded a  mechanism  members o f  entertained  second  which  the  d e v i l ' s workshop;  godliness.  c o i n c i d e n t a l l y , the  idleness.  life  is clear.  life  Scotland's  Our this  not  the  only  purpose moral  S c o t t i s h School  s i m i l a r a t t i t u d e t o work  i t s roots  h a l f of  the  i n the  cultural  eighteenth of  here  commandment  to to  and  Calvinist and  intellectual  century.  godd works but i s not  of  Calvin's  also  examine orderly  of  the exertion  97 was t r a n s f e r r e d i n t o t h e m a t e r i a l i s t i c Scottish  School.  writings  of S c o t t i s h philosophers,  reflected its  Nevertheless,  an i n b r e d  flavour.  disciplined  disgust  imbedded  work was a h o l y  i n the f a b r i c  of the  there.  such as Reid  f o r idleness quite  The  and F e r g u s o n , religious i n  Presbyterian  forerunners,  thing.  Calvinistic  perspective  of the moral  Brougham a n d h i s f r i e n d s were ,. it  i t was c l e a r l y  F o r them, a s f o r t h e i r  Thus, a b a s i c a l l y  philosophy  was  philosophy  steeped.  deeply  i n which  As John  Clive  puts  t 48 Their n a t i v e country s u p p l i e d the reviewers with a two-fold heritages P u r i t a n i s m and 'Enlightenment. They r e t a i n e d t h e e t h i c a l p o s t u l a t e s o f t h e f o r m e r along with the i n t e l l e c t u a l p r e s u p p o s i t i o n s of the latter.  This  goes a l o n g  way t o w a r d s  w h i c h fflalthus was h e l d  explaining  by t h e r e v i e w e r s .  (Ylalthus was a s much r e l i g i o u s In t h e i r the  other  Scottish very  attached  they  heritage.  a s i t was  on t h e Poor showed  extent.  o f Adam S m i t h . fundamentally  Calvinistic  Poor Law, on p r i n c i p l e , attacked  i t with  Brougham a n d  t o be p r o d u c t s  points,  But, l i k e  tenets,  to a  s u c h a s t h e wages o f remained  [Ylalthus, t h e  values  of t h e i r  but only  c l o s e r to the reviewers  t o work.  as d e s t r u c t i v e of these  a religious  with  intellectual.  lYlalthusian  On c r u c i a l  esteem i n  kinship  Law, t h e r e f o r e ,  themselves  They u s e d  Their  and t h e w o r k i n g s o f c h a r i t y , t h e y  teachings  the  reviewers  limited  labour  attack  the great  They  viewed  v a l u e s , and  fervor.  Ill  Brougham  and C h a l m e r s v i g o r o u s l y a t t e m p t e d  to spread  their  98 views t o educated Edinburgh the  Review.  fronts  place.  Englishmen However,  on w h i c h  Brougham  through  t h e pages o f t h e  the p r i n t e d  the b a t t l e  page was o n l y  a g a i n s t t h e Poor  simultaneously  carried  one o f  Law was t a k i n g  the f i g h t  i n t o the  House o f Commons. When Brougham the of  borough  re-entered  of Winchelsea,  what many t h o u g h t  Although  the country  t o be a s e v e r e  t h e p e r i o d from  historians  Parliament  1815-1836  a s one o f a g r i c u l t u r a l  depression,  many l a r g e f a r m e r s  i n 1816 a s a member o f was f e e l i n g  agricultural i s viewed  depression.  by modern  re-adjustment  certainly  the e f f e c t s  rather  did feel  than  the p i n c h of  49 post  war p r i c e s .  with  a powerful  Here, he a r g u e d had  Brougham speech  suffering unjustly since  on t h e ' D i s t r e s s  that while  been i n e v i t a b l e ,  The l a n d e d  profits  of a g r i c u l t u r a l  interest  had been  an e x c e s s i v e and u n n e c e s s a r y  expense,  t h e d i s e a s e w h i c h i t was 51 s u p p o s e d t o remedy. Brougham c o n t i n u e d : I c o n f e s s t h a t I s e e b u t one r a d i c a l c u r e f o r t h e s t a t e i n t o which t h i s l a s t abuse i s d a i l y growing w o r s e , d e g r a d i n g i t s w h o l e economy, d e b a s i n g i t s n a t i o n a l c h a r a c t e r . . . . i t i s t h e one w h i c h f o l l o w s so i m m e d i a t e l y f r o m t h e p r i n c i p l e s u n f o l d e d i n Mr. M a l t h u s ' c e l e b r a t e d work. At  t h e Poor Law o n l y  on A p r i l 9 t h , 50  some d e c l i n e i n a g r i c u l t u r a l  Law.  with  defence  of the Country'.  the u n d e r l y i n g cause  was t h e Poor burdened  came t o t h e i r  the very  withheld charity  from  Brougham  said,  the able-bodied  should  Brougham his  least,  spread  relief  labourer.  should  h e n c e f o r t h be  Ideally,  voluntary  r e p l a c e a l l forms o f i n s t i t u t i o n a l i z e d a s s i s t a n c e .  intended  t o f o l l o w up t h i s  own f o r t h e a b o l i t i o n  o f t h e Poor  attack with  a b i l l of  Law, b u t h i s work on  99 education  and  charitable  theless,  he  Bourne's  Committee  John on  did  Curwen,  a  education  hope  abuses  for  oh  some  the  political  and  the  good  Poor ally  Poor  kept  Law,  too  results  Law of  him  which  from  was  moved  up  with  that  Never-  Sturges  set  Brougham's  had  busy.  in  1817.  similar  this  views  committee  be  to  a  52 set  up  in  1816  committee, influence  and  and  Curwen of  of  Curwen  a  and  the  and  same  Brougham  could  committee  laid  Statement  Church  Scotland  that  of  "none  poor,  and  The was  were  of  end  unable  on  more  the  result to  mode  of  the  position.  Bill  was  any  an  fundamental  bring  in a  bill  of  aware  that  any  the  poor  House,  Brougham  bill  would and  his  eventually  providing efforts  up  most  for  surely  d e c l i n e d to  for  members  the Poor  time, changes  considerable be  rejected  submit  his  Scotland's  which of  had  labour.  effective  of  the exclaimed  exigencies  of  by  plan  the 54  exigencies."  committee Law  He to  the  Amendment touching  threatened he  in  the  Brougham  hardly  Brougham  same  conduct  disappointing.  of  the  drastic  the  When  those  measure,  the  against  the  was  problems. At  calling  come  would  own.  of  "the  Assembly  House,  strike  i t was  prove  more.  the  judge  weak  on  debasement  General  before  of  education'  agreed  to  him,  would  Consequently,  extremely  example  to  the  the  other  most  the  of  of  the  of  of  1818  have  Curwen's  convert  and  motion  principles  remedy  qualified  abolitionist of  not  poverty  best  an  'moral  poverty  the  his  According  England.  the  as  philosophical 53  of  that  In  Scotland  charity  spread  suggested  1817.  nation."  voluntary  prevented  in  praised  moral  character of  system  again  was  only  i n the  on to too  treatment  opposition in the at  Lords. that  Thus,  time,  100 lest  i t " s c a r e " too Brougham was  pressure he  many of h i s c o l l e a g u e s  not  f o r Poor  able  Law  became a member o f  to e x e r t  reform the  i n the  effective  again  until  House.  55  political  1831.  At  Whig a d m i n i s t r a t i o n and,  that in  time,  typical 5 6  Brougham Lord the-  f a s h i o n , f o r c e d h i s p a r t y ' s hand  S a l i s b u r y had Poor Law  i n the  just  moved a r e s o l u t i o n  House whereupon  bill  was  p r e s e n t l y being  Lord  Salisbury gracefully  a  government  of  drafting  any  M e l b o u r n e was statements. act.  He,  But  withdrew the whigs  completely  taken  Nevertheless,  f o r the  any  Law  had  aback  establishment  of  a b s o l u t e l y no  by  be  at  that  said  Charles  intention  rash  forced his party to  of  time.  Brougham's now  Then  in expectation  have  of a commission  o p e r a t i o n o f the Poor Law. In P a s s a g e s o f a W o r k i n g L i f e ,  reform  subject.  h i s motion  reform  can  issue.  f o r the  that very  Brougham had  other,  the  Brougham a s s e r t e d t h a t a  d r a f t e d on  p l a n f o r Poor  more t h a n  responsible the  bill.  on  been to enquire  Knight  to  tells  into  how 57  ardently  Brougham f o l l o w e d t h e  progress  of  the  commissions:  The C h a n c e l l o r t o o k a h e s p e c i a l i n t e r e s t i n t h e i n q u i r i e s t h a t were t h e n p r o c e e d i n g under a R o y a l C o m m i s s i o n as t o the a d m i n i s t r a t i o n and o p e r a t i o n of t h e Poor-Laws. Evening a f t e r e v e n i n g would h i s D i s p a t c h - b o x b r i n g down soma R e p o r t o f t h e A s s i s t a n t Commissioners. In  addition,  ontribution Assistant country The  Brougham made an to the  usual  investigation.  Commissioners  i n order  be  that f i r s t  practice  important  I t was  appointed hand  i n commissions  behind  to  who  travel  evidence of  he  this  the  might sort  scenes  suggested  around be had  that  the  obtained.^ been  the  8  101 rather  dubious  interested  one o f h e a r i n g  parties.  oral  Brougham's  ^commissioner^sA R e p o r t  evidence  from a l l  innovation helped  a scientific  credibility  give the  among  contemporaries. In f a c t , of  t h e Poor  do  so.  contemporaries Law  Besides  Cabinet,  i t was  reform  r e c o g n i z e d Brougham as t h e l e a d e r  movement.  his activities Brougham who  They had a d e q u a t e  behind  the scenes  convinced  Harriet  reason to  and i n t h e  Martineau  to  59  enlist  h e r pen i n t h e s e r v i c e  simplistic had  series,  more e f f e c t ,  Law  For on a  'cold,  Scotch  6 0  Most  people  Even Brougham's most l o y a l reconcile more  His lack  of support  from  carrying  role  i n the c a r r y i n g  through  through  parliament.  Richar  support.  distributed  heavily  Oastler called  and f e e l i n g  Brougham  t h a t he was  of the E n g l i s h  to agree  with O a s t l e r .  t o w a r d s t h e Poor Law w i t h h i s d e s p i t e the f a c t  i n h i s w r i t i n g s and  i n the country  with  for public  s u p p o r t e r , The T i m e s , c o u l d n o t  v i e w s on r e f o r m ,  the connection q u i t e c l e a r  was  were i n c l i n e d  Brougham's a t t i t u d e  popular  than  w r i t t e n a g a i n s t the  M a l t h u s i a n ' and c l a i m e d  i g n o r a n t of the c o n d i t i o n  peasantry.  probably  In g a i n i n g h e r a s s i s t a n c e , Brougham  o f t h e O l d Poor Law.  calculating  P o o r Lams,  and a l l t h e t r a c t s  opinion outside Parliament  the side  Marineau's  a greater readership,  a shrewd p e r c e p t i o n o f t h e need  public  totally  Report  put t o g e t h e r .  evidenced  Miss  appropriately entitled  and most c e r t a i n l y  (/ t h e c o m m i s s i o n e r ^ Poor  of reform.  h i s crusade.  o f t h e Poor In f a c t ,  t h a t he had made speeches.  d i d n o t hamper He p l a y e d a  Law Amendment  contemporaries  Bill  thought  Brougham dramatic  o f 1834 that h i s  102  famous s p e e c h of  on t h e s e c o n d  L o r d s uias t h e d e c i s i v e  r e a d i n g of the b i l l  factor  i n i t s passage.  comments n o t w i t h s t a n d i n g , i t i s e x t r e m e l y the  effect  of a single  Furthermore, by  the fear  speech  on a money  t h e L o r d s were no doubt o f renewed  i n t h e House  labour r i o t s  difficult issue  prodded which  Their  6 1  t o measure  such as  i n their  this. decision  were t h o u g h t  t o stem  62  from  t h e m a l a d m i n i s t r a t i o n o f t h e Poor  interesting Nassau  thing  about  the speech  Senior called  Law.  The  really  i s i t s theoretical  Brougham's s p e e c h  a  basis.  "philosophical  d i s q u i s i t i o n , " and so i t was. In f a c t , A l t h o r p and M e l b o u r n e v a i l y a t t e m p t e d t o t a l k him o u t o f g i v i n g i t once t h e y had been ^ informed of i t s content. F o r Brougham's s p e e c h d i d n o t m e r e l y of treatAthe the  bad a d m i n i s t r a t i o n  principles  further system  of i n s t i t u t i o n a l i z e d economy a s w e l l  colleagues Lords.  received For resides the  were a f r a i d  our purpose, i n t h e way  such  much  i n suggesting that  law.  extreme  f o r t h e Whig  condemned  Brougham went  was i n i m i c a l  a  "  t o t h e laws o f  Brougham's  views  cause,  Poor  the s i g n i f i c a n c e  i n which  would  alienate  the speech  able-bodied  labourer  the rather  was  to claim  o f t h e poor  that  Very  quickly,  any f i x e d  speech  his attitude  i n general.  that the  eligible  for relief  however,  he expanded  a n d permanent  was a d i s a s t e r .  towards  Brougham  commonplace argument  s h o u l d be l e s s  more d e s e r v i n g p o o r .  of'" Brougham's  i t summarizes  Law a n d p a u p e r i s m  began by r e - i t e r a t i n g  argument  relief  as the moral  that  Fortunately  Report  Law, i t a l s o  favourably.  English  relief  i t was f o u n d e d .  than the Commissioner^)  political  the  on w h i c h  o f t h e Poor  Not o n l y  fund  would  than the this  f o r the i t encourage  \  103 individuals  to remain  idle  and  remove f r o m  t h e more f o r t u n a t e  imprudent,  but a l s o  members o f s o c i e t y  i t would their  64  Christian  duty to help  the poor.  Brougham  said:  For most c e r t a i n i t i s , t h a t a n y t h i n g more m i s c h i e v o u s , a n y t h i n g more f a t a l t o t h e c o u n t r y , a n y t h i n g more c a l c u l a t e d t o m u l t i p l y , i n d e f i n i t e l y , t h e numbers o f the p o o r , c a n n o t be c o n c e i v e d , t h a n t h e a p p l y i n g t o them any r e g u l a r and f i x e d p r o v i s i o n , be i t t i t h e o r be i t t a x , w h i c h t h e y can c l a i m a t t h e hands o f t h e r i c h , e x c e p t by t h e f o r c e o f t h a t d u t y o f i m p e r f e c t o b l i g a t i o n -- p r i v a t e c h a r i t y w h i c h i s . i m p o s e d upon all men. An  abolitionist  efficacy  and  position,  moral  combined  imperative  with a f i r m  of b e n e v o l e n c e ,  belief  i n the  is clearly  a t work  here. Brougham  t u r n e d next to the e f f e c t  and  idleness.  The  Poor  all  t e m p t a t i o n s to v i c e  to  Law  I t was was  work, t h e Poor  the  Poor  because  Law  was  i t was  man's m o r a l  immoral  Law  i n that  t o be a t t a c k e d  dangerous  d u t y , he  Law  on work  c l a i m e d , t o work.  i t encouraged  idleness.  encouraged  o f t h e Poor  I f God  the g r e a t e s t  had  commanded  the exact o p p o s i t e . because  or i n e f f i c i e n t .  i t was  of men  Thus,  sinful,  not s i m p l y  Brougham e v i d e n c e d 65  this  attitude  towards  work i n t h e f o l l o w i n g  vehement  passage:  The d i s p e n s a t i o n o f w r a t h , w h i c h a p p o i n t e d t o i l f o r the p e n a l t y o f t r a n s g r e s s i o n , was tempered w i t h t h e mercy w h i c h shed c o u n t l e s s b l e s s i n g s upon i n d u s t r y -i n d u s t r y , t h a t s w e e t e n s t h e c o a r s e s t m o r s e l , and s o f t e n s t h e h a r d e s t p i l l o w ; -- but n o t u n d e r t h e Poor Law! Look t o t h a t v o l u m e , and you w i l l f i n d the pauper tormented w i t h t h e worst i l l s of w e a l t h l i s t l e s s and u n s e t t l e d -- w e a r i n g away t h e h o u r s , r e s t l e s s and h a l f - a w a k e , and s l e e p l e s s a l l t h e n i g h t t h a t c l o s e s h i s s l u m b e r i n g day, -- needy, y e t pampered -- i l l - f e d , y e t i r r i t a b l e and n e r v o u s . Uh! m o n s t r o u s p r o g e n y o f t h i s u n n a t u r a l s y s t e m , w h i c h has matured, i n the s q u a l i d r e c e s s e s of the workhouse.... I n d u s t r y , t h e s a f e g u a r d a g a i n s t i m p u r e d e s i r e s -- t h e t r u e p r e v e n t a t i v e o f c r i m e s ; -- but n o t u n d e r t h e P o o r law* Look a t t h a t v o l u m e , t h e r e c o r d o f i d l e n e s s , and her s i s t e r g u i l t , w h i c h now s t a l k o v e r t h e l a n d .  104  c  Obviously, not  this  typical  however,  of  evocation of British  i n the  c l e r g y m e n and perspective  spirit  Scots.  from  Therefore,  like  contained  a  pernicious  on  the  Poor  had  of  Law.  pamphlets w r i t t e n  [Ylalthus, h i s  by  the  opposition  It  was,  Calvinistic  eighteenth  to  was  Dissenting  inherited a of  wrath'  the  Poor  century. Law  r e l i g i o u s element.  Brougham, t h e r e  immoral  provided  sufficient  the  w h i c h i t was  evil  of  'dispensation  the S c o t t i s h S c h o o l  to  and  writers  Brougham  powerful  According  the  system.  proof set  that up  was  no  The  example  the  to  excuse  Poor  of  Law  prevents  for  such  a  Scotland  merely  increased  6 6  The good e f f e c t s o f a r i g i d a b s t i n e n c e , in a d m i n i s t e r i n g r e l i e f have been s t r o n g l y exemplified i n S c o t l a n d , and y e t t h a t e x p e r i e n c e has been q u i t e t h r o w n away upon E n g l a n d . . . The S c o t c h -- a c a r e f u l and p r o v i d e n t p e o p l e -- a l w a y s w a t c h f u l and f e a r f u l o f c o n s e q u e n c e s , k e p t an exceedingly c l o s e hand upon t h e managers o f t h e p o o r ' s f u n d , and d i d e v e r y t h i n g i n t h e i r power t o ward o f f t h e n e c e s s i t y '.of a s s e s s m e n t s . Consequently, excessive  the  S c o t t i s h people  r a t e and  the  been d e m o r a l i z e d . steps'  northern  neighbour.  i n order" t o  Brougham c o n c l u d e d political  economy.  ignorant"  d e r i s i o n of  said  he  that  illustrious words o f  was men.  praise  c l a s s of  Brougham b e l i e v e d  back h e r  on  labouring  were not  proud Not  achieve  that the  burdened that  with  country  England  salutary  an  had  must state  not  'tread of  her  h i s speech with a  long-winded  eulogy  Distressed  "grovelling  and  the to  by  Economists follow  the by  i n the  many E n g l i s h m e n , footsteps  s u r p r i s i n g l y , Brougham had  f o r adam S m i t h .  But  he  also  of his  included  he  these choicest Quesnai,  105 Turgot,  and  the  deserved  the  Brougham  should  analysis.  laurels  School  century.  And,  might  market take  French  mankind.  his  critique the  which  to  the  i n men  I t was of  the  development  marked  the  to  and  these  goods  however,  the  only Poor  of  those  the  such  an  of  c o n t r i b u t i o n of of  i t was  Law  that  with  laws  the  had  Before  to  be  the  nineteenth  necessary  established.  Poor  who  fitting Law  heritage  laws,  be  among  greatest  intellectual  according  place,  philosophers  of  i t was  economy  Scottish  free  end  For,  political  a  other  that this  done  away  with. Following Law  of  Adam  Settlement  incentive  to  settlement  as  an  pauperism  were  so  argued,  that  much  further  than  the  completely  Smith  Malthus,  impediment and  complex of  and  condemned  the  of  flow  force  The  conducive be  to  i n the  by  labour  fraud, He  and  went  that  an  of  Brougham  direction  suggesting  the  provisions  abolished.  Commission  labour  to  Brougham  improvidence.  i t should  Royal  mobile  and  much  of  7  a  the  ideal  6 7 determinant  of  settlement  should  rid  England  of  the  chicanery  was  presently  important, In that first  ideas  true.  speech who  -it^would  •borne  quite  p r a c t i c e d by  finishing  his  had  of  "great  a  his  on part  The  1834  much  would  trickery"  which  and  parishes.  in a  free  for  labour.  speech,  market  Brougham  Law  in  this  great  had  Chancellor  fundamentally Poor  and  This  individuals  Poor  the  residence.  both  the  Lord  was  condemned  result  be  Law  reminded  not  his  changed  question'  in  the  same  Edinburgh  article  he  1817.  d e l i v e r e d the  i n an  audience  since  who  in  More  had  This  was  famous reviewer  1816.  106 IV Wherein  lies  the s i g n i f i c a n c e  Law w h i c h  dominated  century?  The answer  of t h i s  the l i t e r a t u r e  a t t a c k on t h e Poor  of the e a r l y  i s not f a r t o seek.  work The G r e a t  T r a n s f o r m a t i o n , Karl  Law Amendment  A c t o f 1834 a s a s h a r p  nineteenth  In h i s c l a s s i c  Polanyi stressed break  t h e Poor  in traditional  CO  attitudes simply long  towards  will  labour.  n o t do.  The a t t i t u d e s  been a n t i c i p a t e d .  much i n p r a c t i c e .  His theory of r a d i c a l  of  t h e n a t u r e and s i g n i f i c a n c e  is  astute.  labour  did increasingly  subject  ethic.  School  towards  -- w i t h o u t i t s day.  on  commodity  o f man h i m s e l f Ironically,  his fellows,  o f Adam  the saving grace  pauperism,  conscious of the  of a completely  impulses  i n perception  This mechanistic  o f mankind.  was e x t r e m e l y  to the c r e a t i o n  The h u m a n i t a r i a n  was t o have  debate  of t h e market.  s u c h a s Henry Brougham, were o v e r l o o k e d interest  alteration  become c a t e g o r i z e d a s a  o f work and man's d u t y  contributed  of t h i s  i n the h i s t o r y  the S c o t t i s h  dignity  Polanyi's understanding  o f a man's work -- a n d t h e r e b y  was u n p r e c e d e n t e d while  hand,  of the long-term  to the f l u c t u a t i o n s  perception  i n t h e A c t had  The A c t ' p e r s e ' d i d n o t amount t o  Cn t h e o t h e r  As a r e s u l t  embodied  change  i t had  unfeeling Smith,  social  and  disciples,  or f o r g o t t e n .  of benevolence  Self-  and d u t y ,  107  CHAPTER  THE  EDUCATION  V  MOVEMENT  'Education'! Despicable c a n t and n o n s e n s e ! Cobbett  108 The  connection  between  the a t t a c k  movement f o r mass e d u c a t i o n a  direct  lower  Because  orders,  habits for  one.  with  i t was  ones  necessary  Law  had  frugality,  and  i s n o t t o say t h a t t h e E n g l i s h had  School  of C h r i s t i a n  had  been  recognized  the  question  educational aims.  During'the  more t h a n  simply  religious  values.  Law  and  early  upon  that  before.  men  l o o k i n g men  were o f t e n S c o t s ;  this  principle  of e d u c a t i o n a l  education  perceived  transformation  f o r the  t h e demand f o r  the h o r i z o n  century,  The  Nevertheless,  a v e h i c l e f o r the i n d o c t r i n a t i o n  These  tool  over-  of the S o c i e t y  long  broadened  Forward  The  i n the past.  greatly intensified  nineteenth  means f o r a c o m p l e t e large.  the poor  the l a b o u r s  and a c t e d  facilities  and'dissolute'  completely  Knowledge a r e p r o o f  o f t h e Poor  was  education.  Sunday  Propogation  the  century  industry.  This  and  the morals of the  'idle'  t r a n s f o r m a t i o n was  the e f f e c t i v e n e s s of e d u c a t i n g  at  debased  this  movement and  Law  nineteenth  to r e p l a c e  looked  the  t h e Poor  i n the e a r l y  t h e Poor  of o r d e r ,  on  of  became particular  education  as  o f t h e p o o r and s o c i e t y their  l e a d e r was  Henry  Brougham. It  would  be d i f f i c u l t  to overestimate  contribution  to the development  instrumental  i n founding  the  advancement  the  Infant School  School  Knowledge. tracts,  a t Brewer's  Besides  on an  Brougham's  of E n g l i s h e d u c a t i o n .  several institutions  of learning.  S o c i e t y , and  Henry  Among Lane,  these  and  were:  the B r i t i s h  infinite  the  number  was  societies for  London U n i v e r s i t y , and  the S o c i e t y f o r the D i f f u s i o n this,  He  Foreign  of U s e f u l  'Learned F r i e n d ' wrote  countless  o f s u b j e c t s , f o r t h e b e n e f i t of t h e  109 poor.  At  bringing  the the  It  directing  the  education  of  the  the a  uias he  famous the  leading  education.  But tion  a  the  point  of  education  this  out  views  were  but can  for be  educational  a  as  well  this  as  the  early  by  were  the  In of  hard  It  some  dominant  thought  movement  however,  history  the  a  period  elementary  what  brief  not a  name  no  finger.  in  The  led  to  behalf  of  educamerely  the  history  purpose-  ways  of  Brougham's  to  show  only  whole.  1804  and  that  in  Brougham's  Before  re-appraisal  between  he  Scottish  hope  as  had  figure  and  we  the  sufficient  century.  significance,  undertaken,  on  and  Brougham  pressed  is  in  up  into  first,  Brougham  1  of  setting  of  in  parliament,  endeavours  process,  educational  for  be  demonstrate  the  the  system  which  the  Edinburgh  for  outside  nineteenth  to  attention  enquire  from  chapter.  was  the  to  national  Brougham's  Brougham  practice.  case,  of  in  i s , rather,  variables  And,  pie  for  these  task  orders.  in  to  1816  educational  informed  eeucational  of  would  of  uias p r e - e m i n e n t  responsible  One  that  chapter  was  movement.  intended  to  who  inside  catalogue  i s not  Brougham  education  Committee  lower  Thus,  of  of  advocate  educational  piece  lev/el,  importance  parliament.  was  political  this  of  1839  is  in  2 order.  For,  as  we  this  period  --  been  rather  badly  Scottish  ideas  shall  argue,  particularly  has  done. been  As  as a  the  history  i t applies result,  the  to  of  education  Brougham  --  importance  of  developments  in  during has  overlooked.  I Many  of  the  accounts  of  educational  the  110 nineteenth For to  century  example, the  one  lower  premise,  c o n t a i n an  implicit  well-known a u t h o r  o r d e r s as  an  "advance  i t f o l l o w s that those  who  theory  views of  the  of  spread  humanity."  opposed  progress. of  education  Given  4  popular  3  this  education.  5 were e i t h e r typical and  accounts  evil,  with  eventually twofold.  the  First,  the a g e - o l d  assurance The  of  i t tends  In a l m o s t  every  case,  that  reformer  were p r o g r e s s i v e , b e n e f i c i a l ,  were. The  system  of  believed This  fact  the author "a man  Henry  Brougham  i s s t r u c k by  should  be  Hawes s a y s addressed  But  nothing  about  h i m s e l f or the  his solution.  stepping  stone  this the  i s an  unmixed aims  of  fall  into  the  the  telling and,  i s not  an  specific  to progress.  i s a case  fact  still  really  in point.^  Brougham  compulsory.  h i s reader although  a  national  that nor  he  that had  managed  i n f l u e n c e d by  explanation at a l l . problems t o which determined  i s r e l e g a t e d to the In t h e  as They  education  to c r e a t e a  i n f l u e n c e s which  Brougham  on  neither free  h i s times,"  views.  good  humanitarian.  Brougham's i d e a s  e x p l a i n s by of  these  will  particular  and  r i d h i m s e l f o f many p r e j u d i c e s , h e was  traditional  of  but  that education  Brougham was to  what  p r a i s e s Brougham's e f f o r t s education,  between  They assume t h a t h i s a c t i v i t i e s  F r a n c i s Hawes' work  author  the  of  of approach i s  Brougham's b i o g r a p h e r s  approach.  reader  reform.  of t h i s  t o say  sort  education  pitfalls  seldom attempt  dichotomy  this  to obscure  in educational  The  h i n d s i g h t t h a t good  problem with  i t presupposes  Second,  engaged  'reactionary'.  i s offered  prevail.  blessing. those  ' p r e j u d i c e d * or  process,  Brougham  the  s t a t u s of  h i s aims  and  nature a  111 behavior  are  Another English active task  considerably biographer  education career  he  universal  o f Brougham sums up  i n the  following line:  devoted  of b r e a k i n g  distorted.  himself  down t h e  education,  and  h i s c o n t r i b u t i o n to "Throughout  untiringly  barriers  to the  that stood  t o work o f  stupendous  i n the  liberating  his  the  way  of  minds  of  7  the  masses f r o m  yet  another  champion  the  bondage of i g n o r a n c e  work, G.T.  and  prejudice."  G a r r a t t d e s c r i b e s Brougham as  of a l l those  who  o p p o s e d any  monopoly  on  In  the  knowledge g  and  a man  The  two  " f a r i n advance  s t u d i e s which  deal at  educational  activities  his  neatly into  subject  history Amy  and  provides  Gilbert's  as  the  very  'the  thesis  i n England,"  enemy, of  every  The "The  wherein  kind  Chester  o f a whig  analysis.  master's  of  opinion."  Brougham's  tone.  framework  little  unpublished  Victorian  length with  have a s i m i l a r  Brougham f o r E d u c a t i o n depicted  of c o n v e n t i o n a l  the  New  theory  fits of  same i s t r u e Work o f  of  Lord  protagonist i s  oppression'  towards  g the  poor. This  not  do  image of  anything  views.  Brougham as  t o a i d our  Fortunately, there  approach  i n the  American  historians.  Schools  few  of  developing  he  argues,  the  industrial  has  of  the  of h i s  oppressed  years,  notably  Katz's  began as  society.  1 0  the  the The  this  work o f  some  C l a s s , Bureaucracy, whig  a method  c l a s s e s to  i n the  of  position. ensuring  needs o f a promoters  does  educational  been a r e a c t i o n a g a i n s t  a s s a u l t on  working  friend  understanding  Michael  i s a concerted  schooling, adaption  past  the  of  and  Mass the  rapidly educational  112 reform  t h e m i d d l e - c l a s s - - were n o t moved  impulse.  Rather,  habits  and t h e r e b y  of a growing  mentation, Brian  education  the spread  wanted  institutions the  same t i m e ,  interests As it  In S t u d i e s that  regi-  i n English  i n the H i s t o r y of  the proponents  Education,  of u n i v e r s a l  benevolence."**  as the t o o l  sought  of a m i d d l e - c l a s s  The m i d d l e - c l a s s  political  the a r i s t o c r a c y  looked f o r  movement.  control  On t h e one  over  educational  and e s t a b l i s h e d c h u r c h .  t o use e d u c a t i o n  At  .to f u r t h e r t h e  of c a p i t a l i s m .  r e v e a l i n g as t h i s  nineteenth  class  analysis i s  century.  i n terms o f t h e i r  To be s u r e ,  own  interest.  dominated  t h e movement,  constituted  a self-conscious class, of the nineteenth  numbers o f l a n d o w n e r s and h i g h  o r even  ranking  engaged  viewed  But t o s a y t h a t that  i s simply  century,  period,  of the  some o f t h o s e  of industry  individuals  the b e g i n n i n g  for a later  t o t h e e d u c a t i o n a l movement  t h e o r g a n i z a t i o n and o p e r a t i o n  education  pattern  the education  to wrest  they  stressing  t h e p e r i o d between 1800 a n d 1850  from  does n o t do j u s t i c e  early in  from  Irving  precision.  i n c r e a s i n g i t s power..  they  t o use  institutions'  of education  advantages  and w o r k - d i s c i p l i n e  Schools,  a similar  the assumption  humanitarian  to i n c u l c a t e moral  were moved by " d i s i n t e r e s t e d  real  hand,  class.  'total  development.  Simon a r g u e s ,  witnessed  very  became  a i m was  the obedience  Simon has n o t e d  questions  rapidly  ensure  p u n c t u a l i t y , and  educational  Instead,  chief  urban working  Goffman's term,  he  their  by any  there  these  they  incorrect.  From  were l a r g e  c l e r g y who a d v o c a t e d  the  1 13 spread that  of  education  purpose.  swelled  And  their  and the  supported problem  membership.  structure  cannot  until  mid-nineteenth  the  be  said  geneous m i d d l e - c l a s s anachronistic. Modern is  As  societies  of  the  t o see  t o have  fully  century.  i n the  Harold  the  institutions  Law  arrived  Thus,  early  the  decades  P e r k i n p o i n t s out  beginnings  until  of a  the  class in  England  i d e a of a  of  for  certainly  Furthermore, a r i g i d  E n g l i s h S o c i e t y , i t i s not  able  Poor  and  the  homo-  century  i n The  is  O r i g i n s of  1820's t h a t  one  t r u e m i d d l e - c l a s s which  saw 12  its  interests  Only  with  being  i n o p p o s i t i o n to the  R i c a r d i a n economics  become f u l l y growing  as  up  evident.  t o do'  Even t h e n ,  before  i t lost  characteristics. B r i a n Simon's t r e a t m e n t perceptive class  d i d the  of  a l l of  framework.  He  views  Brougham  a great  class  deal  i t s eighteenth  Brougham,  i n many r e s p e c t s , s u f f e r s  classes.  i m p l i c a t i o n s of  ' i t had  Henry  landed  from  the  century  although rigidity  p u r e l y as  of  a  of  his  middle-class  13 apologist.  If t h i s  some e x t r e m e l y staunch  'rotton  he  of was  buroughs'.  Simon would framework an of  peculiar  defender  Furthermore,  have us  the  share  so,  then  corn  to the  believe? one  views.  laws i n t h e  Were t h e s e  inadequate  Brougham c e r t a i n l y  middle-class  opposed  his contemporaries?  that  be  simply Or,  as  Brougham was  House o f  total  i s no  doubt  the  'middling  c l a s s e s ' were e n t i t l e d  of  political  power..  But  nothing  Commons.  views,"  suspect,  for understanding  There  a  disenfranchisement  "peculiar we  entertained  i s the  as class  Brougham and  that  Brougham  of  many  felt  t o a more e q u i t a b l e  could  have been f u r t h e r  114 from The  h i s mind idea  single  than  that  group  far  never  eyes,  century  Bentham and  serve  to  interests  of  trap  on  Bentham and  merely  a  i n h i s a n a l y s i s of  e d u c a t i o n a l development.  James M i l l  Brougham was  the  state.  Brougham.  yet another  much e m p h a s i s  reform;  should  occurred  into  nineteenth  too  c o n s t r u c t i o n of a m i d d l e - c l a s s  education  Simon f a l l s early  the  his school.  were t h e their  He  Thus,  l e a d e r s of  'disciple'.*  places in his  educational Simon  4  goes  so 15  far  as  This  t o c l a i m t h a t Brougham  interpretation  earlier  chapter,  simply  The  same i s t r u e  relationship not  owe  any  education Scottish The  Bentham and on  adequate.  whig One  the  movement.  universities in  the  he  ignores  the  thing i s certain,  the  half  nature  the  Scottish  nor  social  in  an  reform  to  i t i s commonplace;  and  For  Brougham  importance  i n which should  points  thought out,  did  of of  his  the  so  many o f  the  the  analysis is framework  should  educational  Scottish educational  century.*^  contribution after  i s p u z z l i n g because  a new on  early  obvious.  class  i n f l u e n c e " upon  eighteenth  t o view be  a purely  however --  Scottish  himself  of  argued  They were a p r o d u c t  educational reform  " e x e r c i s e d a key  second  every  Brougham.  framework  interpretation  Simon  we  Mill."  education.  i n f l u e n c e of  As  As  to  to p o s t u l a t e a m a s t e r - d i s c i p l e  or M i l l .  f o r a broader  century  the  and  do.  e a c h and  tendency  of h i s i d e a s  upbringing  include  the  not  wrong-headed as  to eitherBsntham  nineteenth  sight  of  between  need  Neither  will  to a t t r i b u t e  Bentham's i n f l u e n c e i s as  "owed a l l h i s i d e a s  1800.  men  theory  Unfortunately, This  over-  involved in  the  115 spread of education were e i t h e r Scots or had s t u d i e d at Edinburgh  University.  It i s not without  reason that  author has l a b e l l e d the education movement a  one  "Scottish  17 i n v a s i o n of  England."  Chester New  notes the l a r g e number of those i n v o l v e d  B r i t i s h ' a n d F o r e i g n School S o c i e t y as w e l l as the I n s t i t u t e movement who latest  had been educated  i n the  Mechanics' 18  i n Scotland.  The  r e s e a r c h on the S o c i e t y f o r the D i f f u s i o n of U s e f u l  Knowledge a l s o i n d i c a t e s that the hard core of the S o c i e t y ' s g e n e r a l committee w-e-r-e—S-c-ert-s.  And,  as one  i n v e s t i g a t o r puts i t ,  " f o r many o r d i n a t i o n had taken p l a c e a t the U n i v e r s i t y of 19 Edinburgh." Robert  Even the Infant Schools, f i r s t  established  Owen, had t h e i r o r i g i n i n S c o t t i s h thought.  Owen and  the Owenities i n B r i t a i n and America,  In Robert  J.F.C  Harrison  has shown the extent to which Owen's ideas d e r i v e d from moral p h i l o s o p h y of the S c o t t i s h S c h o o l . r e l u c t a n t to admit  by  Though Owen  the  wds  h i s debt to the S c o t t i s h School, h i s  f o l l o w e r s were q u i t e l i b e r a l 20  in their  p r a i s e of the  Scottish  philosophers. Why  were so many Scotsmen c e r t a i n that e d u c a t i o n was  s o l u t i o n to the problems b e s e t t i n g more, why  English society?  Further-  were they not f e a r f u l of r a d i c a l consequence  educating the 'lower o r d e r s ' ?  University.  education of the poor or even d i s a f f e c t i o n .  from  The answer i s not f a r to seek,  Many Scots had i n t e r n a l i z e d an enlightenment at Edinburgh  the  faith  Moreover, they r e a l i z e d  i n education that  the  i n S c o t l a n d had not r e s u l t e d i n r e v o l u t i o n Quite the c o n t r a r y ; as the Scots were  1  only  too  fond  of  16  p o i n t i n g out,  education  had  a  stabilizing  effect. In f a c t , means of in  the  claim that education  preventing  riot  w r i t i n g s of  education process  'moral 'per  document  the  education written recent  the  Scottish  training'  se'. use  the  One  to the  properly  educated,  be  simple, of t h i s  example w i l l  labourer's revolt  orderly.  to d i s t i n g u i s h  Scots  Scotsman  diffused  d i s o r d e r was  t o the  he  Otherwise,  argued, they  will  though  continually called  the  learning  tedious,  concept  of  In an  article  attributed  when t h e  they  to  moral  that education  Only  will  effective  often  i t from  the author  fact  E n g l i s h people.  They  suffice.  i n 1830,  most  repeated  pamphleteers.  I t would by  here.  f o r The  and  i s the  poor  had  the not  have  been  become o b e d i e n t  continue  been  and  to g i v e themselves  up  21 to  'depraved  h a b i t s ' and  'vice':  S e a r c h t h e h i s t o r y o f t h e c r i m i n a l s who crowd our B r i d e w e l l s t o come t o t h e s c a f f o l d . . . and you w i l l f i n d , t h a t most o f them have become what t h e y a r e , i n c o n s e q u e n c e o f n e g l e c t o f e d u c a t i o n and m o r a l t r a i n i n g i n t h e i r youth. This  concept  control, As  we  way.  no  less  his rights; Thus,  p o i n t e d out,  they  i t i s not  more as  with  tended  as a mechanism  p h i l o s o p h e r s of  the  individual's society  to f i n d  for inculcating  liberation.  thinkers completely  This  social circles. Scottish than  in a conservative  moral  the  the  duties  t h a t they  i s not  overlooked  of  intellectual  the  to view  surprising  a tool  means o f p e r s o n a l  Scottish  essentially  prevalent in Scottish  were more c o n c e r n e d  education a  education,  have a l r e a d y  school with  was  of  to  saw  h a b i t s than say  liberal  as  that  the  ideal  of  1 17  education; ardent he  it.  B u t , a l t h o u g h Adam S m i t h  defender of the r i g h t  laid  state  f a r from  greater  stress  o f e v e r y man  on t h e a d v a n t a g e s  through the moral  training  of the  was  an  to a decent e d u c a t i o n , which  a c c r u e d t o the  'inferior  ranks'.  Smith 22  ends h i s c h a p t e r on  e d u c a t i o n i n The  Wealth  of Nations t h u s :  An i n s t r u c t e d and i n t e l l i g e n t p e o p l e , b e s i d e s , a r e more d e c e n t and o r d e r l y t h a n an i g n o r a n t and s t u p i d one. They f e e l t h e m s e l v e s , e a c h i n d i v i d u a l l y , more r e s p e c t a b l e , and more l i k e l y t o o b t a i n t h e r e s p e c t o f t h e i r l a w f u l s u p e r i o r s , and t h e y a r e t h e r e f o r e more d i s p o s e d t o r e s p e c t t h o s e s u p e r i o r s . A shrewd a n a l y s i s The of  link  t h e Poor  insight Scots  Law  pauperism  It  was  in a different  clearer.  nor..inevitable  eliminated  The  through  stress  way  i t was  problem  'moral  not only  Having  inherent  t o view  from  f o r them t o a r g u e  education.  would  becomes even  f o r e d u c a t i o n and  t h e power o f s o c i a l i z a t i o n  possible  necessary  now  t h e movement  Brougham were i n c l i n e d  of  poor  between  into  like  indeed!  the  their  that  training'.  obedience  'great  English  could  Thus,  but a l s o  g a i n e d an  was  be  question'  counterparts. neither  the r e s u l t  of pauperism  critique  i n education,  pauperism  merely  the  of a  safely  moral e d u c a t i o n  prudence  and  good  23 work  habits. It  i s perfectly  training force. a of  involved  that  the S c o t t i s h  more t h a n t h e c r e a t i o n  N e v e r t h e l e s s , the d i s t i n c t i o n  disciplined t h e Poor  Adam S m i t h ' s argued,  true  worker  Law  of a r e l i a b l e  between a m o r a l  d i d t e n d t o become b l u r r e d  debate.  This  tendency  t h e o r y o f economic  t h e economic  concept of moral  laws  was  also  development.  governing s o c i a l  man  and  i n the c o n t e x t a c c e n t u a t e d by  I f , as  life  labour  were  Smith so  118 important,  then  obey  these  laws.  upon  the  labour  Given  one  good  of  their  enlightenment  very  the  was  from  the  to  dependant  imperative  seen  a  of t h e  a  moral  Scottish  For  that  Smithean man  lower  with  orders,  almost  was  v i e w s on  he  treated  invariably  H i s w r i t i n g s and  nationalistic  b i a s and  Thus,  i t b e h o v e s us  to  light.  He  was  en  enlightened Scot.  the  power and  not  use  of  a  'disinterested  'Benthamite  As  ends o f  speeches  examine  ' m i d d l e - c l a s s a p o l o g i s t ' , or a he  contribution  their  i n a new  of  thoroughly  Whenever he  education'.  concept  Brougham's  Brougham was  to e d u c a t i o n .  'moral  Scot  —  definite  As  p o s s i b l e t o examine  Brougham's e n d e a v o u r s  utilitarian*  i t was  w o r k e r and  analysis  concepts.  humanitarian',  being  g r o w t h was  labour,  disciplined.  movement.  education  were t y p i c a l l y  of  factory  brief  i t i s now  to  as a s o c i a l  s i n c e economic  i n h i s approach  referred  duty  another.  education  Scottish the  the  this  education,  of  And,  become s t r i c t l y  approximate  the  individual's  increased division  perspective,  to  the  such,  he  hsld  education.  II Brougham was education  not  h i s own.  the  become d e e p l y  poor  early  Pillans  and  as  Scot  t o make t h e  cause  Some o f Brougham's f e l l o w s t u d e n t s  already as  first  the  convinced beginning  F r a n c i s Horner,  of of  the the  need  to  nineteenth  h i s c o l l e a g u e s on  Review, were a d v o c a t e s  of  the  described  i n 1804.  educate  had the  century.  the  m o n i t o r i a l system  of  of  James  Edinburgh education  24  by  Lancaster  Brougham's f r i e n d ,  George  119 Birkbeck  had  as  as  early  implement But as  begun 1799.  his  Brougham well  as  teaching And,  plan was  the  to  the  So,  educational  schemes,  Brougham  in he  was  Brougham  became  actively  the  It  seems  that  Lancaster  had  deeply  debt.  such  As  a  was  matters,  result,  the  arranged were  Society  Foreign  Through  the  pages  to  asking  the  to  attitude the  Brougham  the  of  at  workers  by  to 1809,  excellence',  people's  the  Glascow  started  right  originator  to  by  of  clearly  What  education education  proposal had  to  and,  to  of  head  of  the  Edinburgh  turned the  issue  his  question  him  for  to  usual  and  wrote  1811,  the  help.  manage skill  articles. Royal  would  eventually  Review,  Brougham  method  these  become  aims  is a  however,  to  and  he  was  the The  purpose history  long  is  a  one, It  need  the  friends  held,  see.  national model  his  now  advocate  sectarian strife.  wanted  Scottish  for  teachers.  Brougham  a  to  1816,  endowments and  of  and By  important,  which they  to  skill  with  education.  schools  is  education  Society.  establish  the  the  in  This  implement  the  in  meetings  charitable  with  here.  towards  his  the  acquired  Lancasterian  use  efforts  us  type  had  'par  the  Brougham,  School  of  poor  complicated  concern  In  of  parliament  greatly  of  Lancaster  founded.  elementary  Brougham's  of  always  public  system  of  was  not  the  providing  children  never  of  publicize  of  Owen  propagandist  obtained,  was  and  national  and  in  British  began  not  followers  funds  Lancasterian  mechanics  Robert  involved  when  in  the  party'.  1810,  and  to  parliament  in  money  the  educational  although  mad  course,  educate  defender  education.  'education  of  science  in  system mind.  of "In  education, my  120 humble ought  opinion," to  adopt  he  the  said  in  system  the  House  which  of  Commons  has  already  The  Education  in  been  1818,  tried  "we  with  so  25 much  advantage  which  Brougham  called towns  for  and  for  populous  upon  to  populated receive  example  of  the  There,  time  and  parish Brougham to  of  with  government  in  1820,  the  Bill,  small  education could  in  the  be  called  the  more  thinly  i f the  poor  But  aid  Poor  i t quite  charity  poor.  the  in  deemed  meddle  the  again  schools  voluntary  required  not  Scotland,  of  building  would  care  were  to  taken  amount  to  very  Brougham  argued  a  and,  school  The of  cost  by  the  of  much.  that  Again  i t should  i f necessary,  s u p p l i e s and  tuition  of  citing  the  not  the exceed  the  maintenance students. 27  For,  i n S c o t l a n d , e d u c a t i o n was n o t t o be free: I n S c o t l a n d t h e r e was h a r d l y such a t h i n g as g r a t u i t o u s e d u c a t i o n . . . . Even the p e a s a n t s took c a r e t o p r o v i d e means f o r t h i s p u r p o s e ; and we i n t h i s p a r t of the empire might w e l l envy S c o t l a n d the p o s s e s s i o n of such a peasantry.  Brougham education and  an  poor in  England. government  should  fee.  as  of  education  schoolmaster's be  this  of  instruction.^  aid  cost  the  districts  any  This  of  areas.  ensure  at  establishment  villages  more  Scotland."  introduced  the  unnecessary  the  in  was  particularly  because  i t helped  appreciation for  parents  order  to  Erougham Scottish  fond  doing obtain cannot  be  this  food  education accused  parochial education.  aspect  cultivate  education.  without an  to  of  He  or  of  independent  often  cited  surrendering  for  Scottish  their  of  stint  in  He  claimed  habits cases  meagre  savings  children. his that  praise  of  for  Scotland's  121 28 system  reflected  The  Act  of  for  education  legacies"  1696,  "immortal which  the  upon  forced kirk  in their  which  honour  heritors  p a r i s h e s , was  Scottish  i t s inhabitants."  "among  parliament  to f o o t the the  most  bequeathed  bill  precious  to i t s  29 country. they  As  f o r the  results  were s e l f - e v i d e n t .  their  learning.  their  education  tbeland 'per  of  se'  had  Wherever with  their  they  adoption.  been c o p i e d  to t h e i r  had  the  system,  Scottish  them and  Germany, f o r example, education  The  of  people  travelled,  Brougham  were renowned  Scotsmen  conferred countless  The  Scottish  by a number adopted  for  carried blessings  educational  of c o u n t r i e s .  a modified  said,  on  system Sweden  and  v e r s i o n of p a r o c h i a l  distinct  advantage. Not so E n g l a n d — a 30 s i n g u l a r l y uneducated country: B e f o r e 1803, o n l y the t w e n t y - f i r s t p a r t of the p o p u l a t i o n was p l a c e d i n t h e way o f e d u c a t i o n , and a t t h a t d a t e E n g l a n d m i g h t be j u s t l y l o o k e d on a s the worst-educated c o u n t r y of Europe. What a d i f f e r e n t p i c t u r e was a f f o r d e d by S c o t l a n d ! The e d u c a t i o n t h e r e was i n t h e p r o p o r t i o n o f l - 9 t h . Brougham's p r a i s e o f t h e English  are  obviously  would  be  a mistake  south  of  the  implications when we  to  nationalistic think  Tweed s i m p l y  P o o r , " Brougham was Mandeuille  condemned  d e p r e c i a t i o n of  i n tone.  t h a t h i s attempt  reflected  examine h i s d e f e n c e  Mandeville's  and  and  Review  of  to S c o t i f y  chauvinism.  education  essays  most c o n c e r n e d " h i s orthodox  famous work The  C h a r i t y Schools  on  The  the  against  education  full apparent  its critics.  "Education  of  the  to r e f u t e the arguments  f o l l o w e r s i n modern  Fable the  on  the  However, i t  o f Brougham's scheme become more r e a d i l y  In h i s E d i n b u r g h  Dr.  Scots  of  the  grounds  Bees that  of 31  times."  (1723) education  would  122 make t h e p o o r d e s p i s e  their  work.  Happy and P e o p l e  under  t h e meanest  Easy  "To make t h e S o c i e t y Circumstances,"  32 wrote  Mandeville: i t i s r e q u i s i t e t h a t g r e a t numbers o f them s h o u l d be i g n o r a n t as w e l l a s P o o r . Knowledge b o t h e n l a r g e s and m u l t i p l i e s o u r D e s i r e s , a n d t h e Fewer t h i n g s a Man W i s h e s f o r , t h e more e a s i l y h i s n e c e s s i t i e s may be s u p p l y ' d . . . . The more a S h e p h e r d , a Plowman o r any o t h e r P e a s a n t knows o f t h e W o r l d , and t h e t h i n g s t h a t a r e F o r e i g n t o h i s L a b o u r o r Employment, t h e l e s s f i t h e ' l l be t o go t h r o u g h t h e F a t i g u e s and H a r d s h i p s of i t w i t h C h e a r f u l n e s s and C o n t e n t .  Mandeville's  :'modern f o l l o w e r s ' , i f  lacking  preached  much t h e same a r g u m e n t . E.W.  entitled  A Reply  no s o c i a l  t o Mr. Brougham,  b e n e f i t s but a g r e a t  Grinfield,  claimed  deal  h i s frankness,  that  of s o c i a l  in a  pamphlet  he c o u l d see unrest  resulting  33 from  the education  opponents "farmers The most  pointed scorn  manner  o f the lower out t h a t  the plough" i n which  interesting.  orders.  servants i f ever  Brougham  would  to order  effective  means o f p r o m o t i n g  countered  Again,  these  references  t o t h e ' i n d u s t r y ' and  of S c o t l a n d .  two c a u s e s . Scottish  First,  youth  35 wrote:  t h e r e was  r e c e i v e d "moral  he p a r i s h s c h o o l s . Brougham  And t h i s  "We  education  'respectability'  benign no Poor  an  h i s model  Brougham's w r i t i n g s and s p e e c h e s were  d e s i r e our opponents  was  was  filled  with  of the  i n Scotland.  and i n t e l l e c t u a l "  4  extremely  poorer  s t a t e he a t t r i b u t e d Law  and  arguments i s  i t was  Scotland.  classes  to serve  had h i s way.^  claim that  and i n d u s t r y , b u t t h a t them.  refuse  Brougham  He d i d n o t m e r e l y  no d a n g e r  Conservative  to  Second,  training in  to t e l l  us,"  123 i n what r e s p e c t t h e c i r c u m s t a n c e s o f t h e E n g l i s h p o p u l a t i o n have n o t been more f a v o u r a b l e t h a n t h o s e of t h e S c o t t i s h , e x c e p t i n t h e a r t i c l e o f s c h o o l i n g a l o n e ? . . . . A l l t h e s e c a u s e s o f e l e v a t i o n t o t h e minds o f t h e E n g l i s h p o p u l a c e were h i g h l y f a v o u r a b l e both to t h e i r i n t e l l e c t u a l a n d m o r a l v i r t u e s ; and y e t t h e i r i n f e r i o r i t y t o t h e S c o t s i n b o t h , has c e a s e d t o be a m a t t e r o f d i s p u t e . He went there  on t o l i s t  were  few p a u p e r s  considerably and  lower;  vigorous.  value  the peasantry  inward  somewhat  which  i n Scotland;  And, a l t h o u g h  of that  lifted  the b e n e f i t s  resulted  the crime  which  above t h e o b j e c t  the system:  rate  was  were more p r u d e n t ,  Brougham  happiness,  from  d i d hasten  independent,  t o add " t h e  r e s u l t s f r o m a mind  o f mere a n i m a l  pursuit,"  --  37  it  was a s a q u i t e It  would a p p e a r ,  educating and  secondary  t h e poor  then,  was  work-discipline.  taking  a close  Brougham The  look  consideration. that  to teach This  Brougham's  primary  them h a b i t s  hypothesis  of  interest in  obedience  c a n be f u r t h e r  a t the p a r t i c u l a r k i n d  tested  of education  by  which  supported. Lancasterian  described  or m o n i t o r i a l  and p r a i s e d  method, w h i c h  in his writings,  was  Brougham  e s s e n t i a l l y a cheap 38  way  of educating  whereby  large  one t e a c h e r  numbers  taught  i n turn,  Bell,  the S c o t t i s h o r i g i n a t o r of t h i s engine",  stressed  instruction had  was  to other  and, i n d e e d ,  industry,  religion,  exceedingly  t o be m a s t e r e d  by r o t e  I t was  a few s e l e c t s t u d e n t s  they,  "moral  taught  of s t u d e n t s .  classes  i t was.  system,  called  the next  which  Andrew i ta  The L a n c a s t e r i a n  mechanistic.  system  a lesson  of s t u d e n t s .  and o b e d i e n c e .  before  a  schools  The method o f  Each  unit  one c o u l d  of  teaching  begin.  124 Dictation a  and r e c i t a t i o n  were t h e u s u a l means o f m a s t e r i n g  lesson. As  Brougham was  lessons  was  forever  of minimal  pointing  importance.  out, the c o n t e n t  of these  Tha manual f o r t h e B r i t i s h 39  and  Foreign School  Society  teachers c l e a r l y  stated:  The f i r s t g r e a t and l e a d i n g p r i n c i p l e o f t h e B r i t i s h system i s , t h a t i t i s a t e a c h e r ' s duty t o pay more r e g a r d t o t h e f o r m a t i o n o f t h e c h a r a c t e r of h i s s c h o l a r s , than to t h e i r success i n any, o r i n a l l t h e b r a n c h e s o f l e a r n i n g professedly taught. Df what  did this  importance" inculcate  character formation consist?  of these  s c h o o l s , t h e manual s p e c i f i e d ,  " h a b i t s of i n d u s t r y  minds t o " t h e b l e s s e d If faith was  The  was t o  and o r d e r " and t o d i r e c t  young  Gospel." ^ 4  t h e a i m s o f t h e L a n c a s t e r i a n s ware f a i r l y i n t h e power o f e d u c a t i o n was  t h e key t o s o c i a l  "real  progress.  not.  limited,  F o r them,  their  education  Brougham went so f a r a s t o  41 claim  that: he t r u s t e d t o t h e s c h o o l m a s t e r armed w i t h h i s p r i m e r more t h a n he d i d t o t h e s o l d i e r i n f u l l military array.  Such e n t h u s i a s m the  f o r e d u c a t i o n was  B r i t i s h and F o r e i g n S c h o o l  understood The directly  in relation  from  late  have i t , t h e y were  Society.  to t h e i r  guiding principles  the s u p p o r t e r s of  I t c a n o n l y be  intellectual  of the m o n i t o r i a l  enlightenment "founded  common among  thought.  fully  heritage. system  were  taken  Or, a s Brougham  i n good s e n s e ,  would  and a k n o w l e d g e o f  42 human n a t u r e . "  Enlightenment  epistemology  the a s s o c i a t i o n i s t  to  form  with  a revolutionary  thinkers  psychology  had combined  theory  Locke's  o f H a r t l e y and R e i d  o f t h e mind.  Thus, t h e  125  mind  became a  these  facts  ideas'.  'tabula  were The  4 3  then  human n a t u r e  case  of  children  its  was who  Hence,  enlightened  facts  by  means o f  upshot  of  the  extremely had  the  upon w h i c h  ordered  radical  that  opinions.  rasa'  the  importance  had of  etched;  ' a s s o c i a t i o n of was  a  particularly  occasion education  Brougham  be  psychology  malleable,  not.yet  supporters.  new  could  to  form  i n the  summed up  view  in  the  habits eyes  their  or  of  basic  44 premise  q u i t e n e a t l y w h e n he  said:  send them t o s c h o o l . . . a t t h a t i n v a l u a b l e p e r i o d o f l i f e w h e n m i n d , a s t h e Roman p o e t s a i d , " m i g h t be f a s h i o n e d l i k e w e t clay." The  enlightenment  establish  a  reflected  i n the  schools.  The  or  an  animal  reformers would  new  teachers  attitude mode o f  child that  had  to  to  use  of  the  mental  process  towards  the  child,  one  teaching no  to  be  the  punishments.  of  Edinburgh  and  of  that  which  was  to clearly  as  a  sinful  Instead,  educational child',  treatment.  Lancaster  encouraged  positive  reinforcement  the  the  creature  'innocent  B r o u g h a m was  Review  helped  i n the m o n i t o r i a l  viewed  trained.  concept  kindness  used  longer  reasonable  severe the  was  emphasized  respond  account  pleased  rather  to.inform the  m o n i t o r i a l method  was  who  than  readers a  45  "source  of  amusement"  for  children:  A l a r g e c o l l e c t i o n of t o y s , b a t s , b a l l s , pictures, k i t e s , i s suspended above the master's head, beaming g l o r y and p l e a s u r e upon the s c h o o l b e n e a t h . Teachers  gave  good  students  toys  as  prizes,  and  punished  46  naughty  students  with  his  humiliation:  Mr. L a n c a s t e r p u n i s h e s by s h a m e r a t h e r t h a n p a i n ; v a r y i n g t h e means o f e x c i t i n g shame, b e c a u s e , a s he j u s t l y o b s e r v e s , a n y mode o f p u n i s h m e n t l o n g continued loses i t s effect.  126 By  means such as these,  less oppressive.  the  socialization  of the  child  became  At the same time, however, i t s i n f l u e n c e  became more s u b t l e and e f f e c t i v e . In the  monitorial  schools,  enlightenment e d u c a t i o n a l fundamental end workers. should  the  thought was  the  Men  a narrow i d e a l .  'moral h a b i t s ' .  However,  one  with being  l i k e Brougham r e a l l y  the i n d i v i d u a l ' s best 47  one  disciplined  tendency to change i t s supporters  narrowly s e l f - i n t e r e s t e d . that i t was  of  d i r e c t e d towards  -- the c r e a t i o n of obedient,  Undoubtedly, t h i s was  avoid  powerful f o r c e  did  '  believe  i n t e r e s t to i n t e r n a l i z e these  Furthermore, they argued that i t was  good of the community as a whole, that the  for  lower orders  the  adopt  r e g u l a r work h a b i t s . Such an  emphasis was  entirely  c o n s i s t e n t with the  doctrines  48 of Adam Smith.  And  i t i s hardly  s u r p r i s i n g to d i s c o v e r  so many of the advocates of the m o n i t o r i a l system themselves to be  his d i s c i p l e s .  i n Nineteenth Century Education, Smith's p r i n c i p l e of the of  But  As  considered  E r i c Midwinter p o i n t s  these men  d i v i s i o n of labour  that  consciously to the  out  applied  institution  49 education: Andrew B e l l and Joseph Lancaster, the c h i e f p r o g e n i t o r s of the schools i n that p e r i o d , both maintained that 'the p r i n c i p l e i n schools and manufactories i s the same'. Their earnest admirer and advocate, S i r Thomas Barnard, urged " t h e i r grand p r i n c i p l e ' as being 'the d i v i s i o n of labour a p p l i e d to i n t e l l e c t u a l purposes'. t h e i r adherence to Smith's t h e s i s went beyond a mere  i m i t a t i o n of the  f a c t o r y model.  Education was  f o r t r a i n i n g the  f u t u r e workers of an  the  industrial  i d e a l means  society.  127 It  i s for precisely  education the of  must  problem  Law  dictate  Scots  were  another Infant  that  t h e movement f o r  as something  more  than  initiated  t h e form concerned  industrial  reason  of pauperism.  t h e Poor  not  be s e e n  this  the 'great  an e d u c a t i o n a l  i t would t o make  progress.  phase  To be s u r e ,  This  take.  of the educational  but i t  Owen  and  the v e h i c l e  c a n be s e e n  movement  to  question'  response,  Brougham,  education  feature  a solution  did  other  for  most  clearly in  -- t h e f o u n d i n g  of  Schools.  HI The were  two names  Henry  Brougham  the  conclusion  far  too important  was  Owen  an  Infant  When the  who  Owen  Owen  on t h a t  t o forego  first  came  closely  and Robert  early  School  English  petitions  most  put this  people,  before  with  Owen.  men  until  from  Two  Schools  had a r r i v e d  training  into  three  the results  i t was u s u a l l y  parliament.^  Infant  at  of children  t h e age o f s i x o r seven.  principle  practice  by  t o s i x a t New of this  Brougham  who  Brougham  was It  founding Lanark.  institution  to  presented h i s  A n d , i n 1 8 1 8 , two y e a r s  had e s t a b l i s h e d h i s s c h o o l ,  School  Both  the moral  for children  to publicize  associated  started  an  after  Infant  i n London.^* stranger  be  imagined.  of  economic  bedfellows  As a d i s c i p l e  than  of Smith,  i n d i v i d u a l i s m . Owen,  replace  capitalist  devalue  the true  competition  worth  Owen  and Brougham  can s c a r c e l y  Brougham  the  on t h e o t h e r  -- t h e t e n d e n c y  of labour  -- w i t h  was hand,  advocate  wanted  of which  a cooperative  to  was t o community.  128 Yet the ' f a t h e r of modern s o c i a l i s m ' and the d i s c i p l e Smith  became l i f e l o n g  friends.  why t h i s f r i e n d s h i p o c c u r r e d .  There are two good first,  of Adam  reasons  they both had s i m i l a r  r o o t s i n 'the S c o t t i s h enquiry of the e i g h t e e n t h c e n t u r y ' . Second, they both p e r c e i v e d education as a t o o l  i n the s o c i a l i -  z a t i o n of a manufacturing p o p u l a t i o n . L i k e Brougham, Dwen owed most of h i s i d e a s on s o c i e t y and human nature to the t e a c h i n g s of the S c o t t i s h enlightenment  As  a member of the Glascow L i t e r a r y and Commercial S o c i e t y , and a p e r s o n a l f r i e n d of many of the Edinburgh  literati,  Cwen was  53  exposed  to the same i n f l u e n c e s a s h i s f r i e n d .  borrowed h e a v i l y from enlightenment  epistemology  of  c h a r a c t e r formation and the importance  In  a d d i t i o n , he b e l i e v e d  which .could be c u l t i v a t e d education. intellectual  a p p l i c a t i o n of s o c i a l For,  i n his analysis  of s o c i a l  institutions.  that a l l men possessed a moral  sense  through a ' r a t i o n a l and c o n s i s t e n t '  Owen's o r i g i n a l i t y framework.  Thus, he  i s not to be found i n h i s  It r e s i d e s , r a t h e r ,  in his clear  theory to an .Emerging i n d u s t r i a l  both Owen and Brougham were p r i m a r i l y concerned  society.  to ease the  t r a n s i t i o n between a predominantly a g r i c u l t u r a l s o c i e t y and a h i g h l y developed  industrial state.  This involved a s o c i a l  t r a n s f o r m a t i o n of s i n g u l a r importance  -- the adjustment of  i n d i v i d u a l s to the d i c t a t e s of the f a c t o r y system. t h i s i s s u e was concerned,  the f a c t  As f a r as  that Brougham was a  ' c a p i t a l i s t ' whereas Owen was a ' s o c i a l i s t '  made l i t t l e  difference. In the short run, t h e i r aims were i d e n t i c a l . The establishment of Infant Schools was to be a major step  129 in  the  Owen  creation  were  well  importance an had  1319  of  a  new  industrial  i n advance what  is  on  'Mr.  speech  observed  of  the  of  now  their  called  Owen's  great  society. times  'primary  Plan',  effects:  in  Brougham  and  recognizing  the  socialization'.  Brougham  noted  that  In he  54  w h e r e e d u c a t i o n a l o n e was given to c h i l d r e n without any f o o d o r c l o t h i n g , and where c h i l d r e n were taught m o r a l , a t t e n t i v e and c l e a n l y h a b i t s a t t h a t p e r i o d of l i f e when c u r i o s i t y , t h e g r e a t s p r i n g a n d e l e m e n t o f a l l e d u c a t i o n was most a c t i v e a n d a r d e n t -- when i n consequence, that which at another p e r i o d of life would have been f e l t as a b u r t h e n , was e n j o y e d as a pleasure. The  i m p l i c a t i o n of  children early  were  years,  taught they  to  labour  recruitment  in  Lanark  habits  would  adjust  factory  disappear.  statements  life  before  as  and  Contrast  not  of  labour  as  his  and  i t nearly  their  i s clear.  If  discipline  in  so  difficult  parents.  discipline  situation  Owen a n d  these  industry  find  had  this  such  would  with  brother  The  the  began  their  to  problems  of  virtually  one  that  their  obtained  educational  55 endeavours : I t was... n e c e s s a r y t o c o l l e c t a new p o p u l a t i o n to supply theinfant establishment with labourers. This, h o w e v e r , was no l i g h t t a s k ; f o r a l l t h e r e g u l a r l y trained Scotch peasantry d i s d a i n e d the i d e a of w o r k i n g e a r l y and l a t e , day a f t e r day, w i t h i n c o t t o n mills. Education This  was  to  great  work-discipline F e l l e n b u r g '<s  serve  a  emphasis can  be  most on  the  seen  establishment  in at  useful early  purpose. inculcation  Brougham's Hofwyl.  of  articles  habits on  Fellenburg,. a  disciple  56 the  educational  School  in  theorist,  Switzerland  for  Pestalozzi, the  purpose  founded of  an  training  of  Infant pauper  of  130  children i n agricultural s k i l l s . h i s youngsters by  He b e l i e v e d i n t r e a t i n g  with p a r e n t a l kindness and Firmness,  'good example' r a t h e r than  'moral p r e c e p t s ' .  teaching  Even the  L a n c a s t e r i a n r e l i a n c e on h u m i l i a t i o n as a method of punishment 57 was r e j e c t e d  i n favour or a more humane  approach:  l e t the master s i t down and take the l i t t l e o f f e n d e r k i n d l y upon h i s knee, reason with him, and convince him that he loves him, that he has done as he would not l i k e another to do unto him, and that such conduct i s u n f r i e n d l y to h i s own happiness. F e l l e n b u r g ' s method^ r e l y i n g and  still  h e a v i l y on ' s o c i a l  i s , a most p e r c e p t i v e and benevolent  educating.  l e a r n i n g ' , was, way of  On the other hand, the goals of t h i s method were 58  very s i m i l a r to t h a t of the L a n c a s t e r i a n s c h o o l s : i t i s never allowed f o r a moment to be t h e i r thoughts, that manual l a b o u r , i n the ground i s the paramount care which t h e i r whole l i v e s , and upon which t h e i r e x i s t e n c e depends. To t h i s e v e r y t h i n g subordinate. Thus, i t i s always important  absent from cultivating must employ very e l s e i s made  to d i s t i n g u i s h between the means  of educating and the ends which education i s supposed to serve. Both Brougham and Owen were impressed  with F e l l e n b u r g s c  success with h i s students when they v i s i t e d i n 1816 and 1818 r e s p e c t i v e l y . h i s method i n t h e i r  In f a c t ,  own Infant S c h o o l s .  his e s t a b l i s h m e n t  they adopted  much of  However, Brougham  and  Owen wished to apply F e l l e n b u r g ' s system to i n d u s t r y r a t h e r 5q than a g r i c u l t u r e . Brougham wrote: ' A g r i c u l t u r a l labour* i s not the only o c c u p a t i o n which can be made the base of such an e d u c a t i o n . 'Manufactures', with a l l t h e i r disadvantages, might answer the purpose. Therefore, i n h i s a r t i c l e s ,  Brougham s t r e s s e d those a s p e c t s of  131 Fellenburg's  system which ware s u i t a b l e f o r a manufacturing  population.  For  experimental  manufactory which F e l l e n b u r g  example, he had  improve farm machinery. approbation the  f o r the  But  he  nothing  reserved  'moral t r a i n i n g *  but  praise for  set up his  the  to make and  greatest  which c h i l d r e n r e c e i v e d  ' E x e r c i s e s ' of the Swiss s c h o o l .  In every case,  the  from  activities  that Brougham chose to d e s c r i b e were i d e a l f o r moulding modern i n d u s t r i a l workers.  One  example w i l l  suffice:^  'The use of the w h i s t l e i n the s c h o o l i s v a r i o u s ; i f the c h i l d r e n are s i t t i n g down, and t a l k i n g during the time others are saying t h e i r l e s s o n s , a sound of the w h i s t l e commands s i l e n c e ; i f they are s i n g i n g or r e p e a t i n g hymns i n c o r r e c t l y , a sound of the w h i s t l e stops them; they then begin again s i n g i n g or r e p e a t i n g the v e r s e . . . i n an o r d e r l y and proper manner. If any of the c h i l d r e n should be running about, during the time they should be seated, a sound of the w h i s t l e a r r e s t s t h e i r a t t e n t i o n , and b r i n g s the wanderers to t h e i r s e a t s . ' What b e t t e r way  to d i s c i p l i n e  impress the n o t i o n  of  Schools.  to  ' t i m e - t h r i f t ' on t h e i r budding minds?  Much more c o u l d , and Infant  f u t u r e f a c t o r y workers and  perhaps should,  C e r t a i n l y , Brougham and  t o t a l l y as the handmaiden ipf i n d u s t r y .  be s a i d about  the  Owen d i d not view them They encouragad c h i l d r e n  to develop t h e i r minds as f a r as p o s s i b l e f o r t h e i r s t a t i o n i n life.  They thought that the  ' d e l i g h t s ' of l e a r n i n g should  a c c e s s i b l e f o r the poor as w e l l as the r i c h . were secondary to the education,  o v e r r i d i n g aim.  w r i t t e n by Brougham i n 1820,  be  However, these  A passage on i n f a n t bears t h i s  out:^*  l e a r n i n g i s not a l l , nor the p r i n c i p a l c o n s i d e r a t i o n moral h a b i t s are a c q u i r e d i n these s c h o o l s . . . . Whether the c h i l d r e n l e a r n more or l e s s i s of l i t t l e consequence. The moral d i s c i p l i n e i s the great c o n s i d e r a t i o n .  --  132 And,  as  'moral  we  have  seen,  discipline*  he  and  seldom  'labour  d i s t i n g u i s h e d between discipline'.  IV In  addition  to  children,  during  direction  of  work  was  the  adult  closely the  of  somewhat  different habits  children,  the  i t would  reason. the  This  problem Before  Brougham briefly  a  as  adult  first  make to  and  aspect  adults  he  to  might. more  in a  a  the on few  a to small  such  an  easy  subtle attempts plan  to  appeal  Brougham  special  at  educate  to  their  approached  way.  of  education  i t i s important  to  which  outline  field.  influence felt  had  the  other  not  Any  type  in  Brougham's  possible  direct  e x p l a i n why  raiser  of  i t took  was  poor  efforts  the  quite  respond  a  this  his  into  for used  country.  Popular months  i n worker  'Mechanics* so  His  the  of  in  the  founding  best  Education  education  Institutes'.  effectively  elsewhere^advocatinig  a l l across  Within  This  However,  particular  in  fund  Observations  influential.  not  education  made  his  of  work-discipline in  of  children  must  techniques  Review  institutions Practical  would  education  turned  i t was  and  f o r workers,  p o l e m i c i s t and  Edinburgh  While  helps  the  venture  movement.  d i s c u s s i n g the  the  his  education*  his activities  Adopting  to  their  seem,  advised  Brougham  obedience  workers  in  education.  form.  of  fact  of  Brougham as  worker  'moral  indoctrination, them,  1820's  education  inculcate  Adult  involvement  related  branches  matter.  his  was  known  of  these  essay  extremely  i t s publication  in  1825,  133 thirty year,  Mechanics' t h e number  Besides of  Useful  to  provide  material  I n s t i t u t e s were was  this,  probably  brougham  Knowledge  a  a t a cheap  hundred.  founded  i n 1827.  the working  founded.  poor  price.  t h e end o f t h e  62  the Society  The p u r p o s e  with  By  'moral  The t r a c t s  f o r the D i f f u s i o n  of t h i s  Society  and u s e f u l '  was  reading  of the Society  did sell 63  well,  averaging  Brougham of  wrote  between many  o f them  a l l the others.  useful'  material  22,350  and 27,900  personally,  Considering  which  of each  and read  the vast  the Society  copies  amount  published,  the  issue.  proofs  of 'moral and  this  was  no  mean  feat. However, Institutes function the a  used  f o r which  they  poor.  were  time  nor the i n c l i n a t i o n Even  reading  i f he d i d ,  skills  intended.  Entertaining change teach  adventure It  Knowledge'.  i n the Society's simple  was  scientific  and amusing Brougham's  to pursue  works  a series These  such  and moral  for  realized  attract  were  neither  reading possess 55  this  fact,  'The L i b r a r y a  and, of  significant  They  attempt  p r i n c i p l e s through  perspective  that  to  tales of  anecdotes. Scottish  often  granted.  indicate  technique.  was  to  had  he d i d n o t  entitled  works  didactic  took  worker heavy  the  target  of the Society  are that  and the S o c i e t y  publishing  fulfilled  I n s t i t u t e s tended  The a v e r a g e  6 4  the Mechanics'  Brougham's  the t r a c t s  these  neither  of the Society  chances  which  Brougham  1829, began  spread,  The M e c h a n i c s '  a r i s t o c r a c y whereas  Eventually, in  rapid  as u n i v e r s i t y t e x t b o o k s .  matter.  the  their  nor the p u b l i c a t i o n s  labouring  labour  the  despite  caused  the  134 initial error  attempts  of  of  the  assuming  that  literate  as  of  Brougham  painted  those  Society the  flounder.  English working  Scotland.  out:°  to  In  He  committed  classes  Practical  were  the  as  Observations,  6  The c i r c u l a t i o n o f c h e a p w o r k s o f a m e r e l y a m u s i n g k i n d , as w e l l as t h o s e c o n n e c t e d w i t h the a r t s , i s a t p r e s e n t v e r y g r e a t i n E n g l a n d ; t h o s e o f an a s p e c t somewhat more f o r b i d d i n g , t h o u g h a t o n c e m o r a l , i n t e r e s t i n g , and most u s e f u l , i s v e r y limited; w h i l e i n S c o t l a n d t h e r e i s a c o n s i d e r a b l e demand f o r them. This  did  demand  classes,  Brougham  p y r a m i d ' were Brougham's  that  cheap  of  England.  was  supply  may  a  As  have  been was  upper  the  in their  but'he  of  the  Those a t  elevated  concerned,  generate  come f r o m  claimed.  observation  was  the  only  equally  Scotland  would  not  'base  relevant  sadly  demand among  Brougham  soon  middling  of  reading  the  the  as  far  as  in thinking  scientific labouring  discovered,  social  tastes.  mistaken  p h i l o s o p h i c a l and  similar  and  the  works  classes  Scottish  model  inapplicable. But  the  adoption  of  a  S c o t t i s h model  extended  well  beyond  67 this  assumption  aspect  of  Brougham's  precedent. founded  For  been  cost, set  workers'  a  high  up  an  i n many p a r t s  debating  organizations  in  the  first  of of  societies Edinburgh.  literacy.  Almost  education  Mechanics'  had  obtain the  of  Even  i t s origin  in  Scottish  his  plan  similar  was  local  material  'Parish Libraries'  Scotland. had  reading  a  every  Institute  Brougham's c o n c e p t  might  imitation  of  for adult  Likewise,  where workers was  degree  scheme  instance,  i n Glascow.  libraries, low  of  at  a  which to  had  form  135 Just  a s t h e framework o f Brougham's p l a n  education  was  taken  from  Brougham a l s o b o r r o w e d political  economy  colleagues. of  Glascow  the i d e a  to adults  Birkbeck since  Scotland,  so was  science  McCulloch,  science  while  a l e c t u r e r at Edinburgh  1817 and 1822, began t h e p o p u l a r i z a t i o n o f  economy  f o r t r a d e s m e n and m e c h a n i c s . ^  to  the teaching  workers  and  principles  the  committee  1826,  of science  that  The c o m m i t t e e ' s  i t was  why  economy  i n Sirkbeck's  type  report,  School  Brougham and h i s  crucial  and p o l i t i c a l  of the Haddington  the purpose of t h i s  clear.  followed  to understand  friends believed  the  and p o l i t i c a l  footsteps.  i s not d i f f i c u l t  Scottish  political  Thus,, when Brougham  science  i n t h e 1820;s, he m e r e l y  McCulloch's It  of both  and  to the workers  between  advocated  For  h i s S c o t t i s h f r i e n d s and  and lire had t a u g h t  1799.  i t s content.  of t e a c h i n g  from  for adult  to teach  economy. of A r t s  of i n s t r u c t i o n  workers  According  to  i n Scotland i n was p e r f e c t l y  i n s p i r e d by t h e e f f o r t s  of  69 Mcculloch  a n d Brougham,  stated:  'Our m e c h a n i c s do n o t s u f f i c i e n t l y know the- l i m i t s o f t h e i r own, nor t h e e x t e n t o f t h e i r m a s t e r s ' j u s t r i g h t s . . . . O n l y l e t t h e w o r k i n g c l a s s e s be t r a i n e d to d i s c r i m i n a t i o n , eitherby that general s c i e n c e w h i c h s h a r p e n s t h e f a c u l t i e s o f a l l who a r e c o n v e r s a n t w i t h i t s o r l e t them be made a c q u a i n t e d with the nature of the r e l a t i o n i n which c a p i t a l i s t s and l a b o u r e r s s t a n d t o e a c h o t h e r ; and we s h a l l be a s l i t t l e d i s t u r b e d by t h e s p i r i t o f c o m b i n a t i o n , a s by a r e v i v a l o f t h e s p i r i t ' s o f witchcraft'. Implicit  i n the committee's  teaching  of s c i e n c e  enable prevent  and p o l i t i c a l  them t o r e a s o n them f r o m  statement  more c l e a r l y  venting  their  i s a c o n v i c t i o n that", t h e  economy about  to workers their  frustration  would  l o t and,  in strikes  thereby  and  136 sabotage. related to  be  held  E v i d e n t l y , they  assumptions.  the the  ideal  only  their  laws of p o l i t i c a l  enlightened  Scots  more d o c i l e  and  Given --  economy these  Mechanics' so  few  that  Institute  teaching  'more o r d e r l y ,  of  two  science  reason:  they  this  way.  economic as an  In an  i n 1835,  he  --  common f o r  once t h e y  had  principles.  address  of  to the  social  Manchester  dissappointment  c l a s s e s were p r e s e n t ,  s c i e n c e t o workingmen would society  become  instrument  expressed  b e t t e r members o f  also  'scientifically  ' s t a t u s quo'  and  members o f t h e w o r k i n g  the  the  assumptions  the  in scientific  in precisely  perceive  t o be  Brougham v i e w e d a d u l t e d u c a t i o n control  on  i t f o l l o w e d t h a t workers would  a c c e p t i n g df  instructed  argument  d i d they  subject for training  incontrovertable'.  been  Not  based  and  that  f o r he  felt  make them  more d i s p o s e d  to  70 be the  p e a c e f u l and  obedient'.  t e a c h i n g of p o l i t i c a l  eased  the  Elsewhere, economy was  o p p o s i t i o n of c l a s s e s '  and  Brougham a r g u e d  that  d e s i r a b l e because ' i t 'secured  the  peace  of  the  71 country, The  and  the  stability  significance  economy by  the  attached  Brougham and  movement has  of  government'.  to the  his a l l i e s  been w e l l documented  teaching  of  i n the a d u l t  political education  i n some r e c e n t  histories  of  72 early the  Victorian  c o n t e n t i o n t h a t the  humanitarianism characteristic overlooked and  Britain.  the  --  need  but  chief  social  of t h i s the  The  end  of  control.  type  connection  to s y s t e m a t i z e  authors  of  the  these  works  movement was  However, t h e r e  education  between t h e labour.  of  As  which  they  teaching E.P.  support not  is  liberal  one  have  of  Thompson  science has  137  pointed  o u t , one o f t h e most p r e s s i n g p r o b l e m s  society  i n the e a r l y  nineteenth  century  was  facing  English  t h a t of a d j u s t i n g 73  adult  workers  seem, t h e n , problem  t o t h e rhythms o f i n d u s t r i a l  t h a t any scheme t o e d u c a t e  into  life.  I t would  w o r k e r s would  take  this  account.  Brougham and h i s c o l l e a g u e s i n ^ t h e S o c i e t y were w e l l aware that  t h e r e was more  of  strikes  of  labour  and c o m b i n a t i o n s . resulting  labour  had t o become  it  t h e duty  was  work  from  problem'  With  of i n d i v i d u a l s  the t h r e a t  the i n c r e a s e d  the spread  disciplined  than  division  of the f a c t o r y  and r e g u l a r .  to adapt  system,  More t h a n  themselves  that,  t o the new  world. The  of  to the 'labour  Society spelled  the c a p i t a l i s t  Comparing  this  system,  industrial  out i n i t s best  The R i g h t s  England  with  known  of I n d u s t r y  more  backward  justification (1831).  societies,  t h e a u t h o r o f t h i s work s t a t e d : w i t h a l l s a v a g e t r i b e s t h e r e i s a want o f s t e a d y and p e r s e v e r i n g e x e r t i o n , p r o c e e d i n g f r o m t h e same c a u s e . S e v e r e l a b o u r i s s u c c e e d e d by l o n g f i t s o f i d l e n e s s , because t h e i r l a b o u r t a k e s a chance d i r e c t i o n . This i s a u n i v e r s a l case. Habits of i d l e n e s s , of i r r e g u l a r i t y , of f e r o c i t y , are the c h a r a c t e r i s t i c s of a l l t h o s e who m a i n t a i n e x i s t e n c e by t h e p u r s u i t o f the u n a p p r o p r i a t e d p r o d u c t i o n s of nature; w h i l e c o n s t a n t a p p l i c a t i o n , o r d e r l y arrangement of time, and c i v i l i t y t o o t h e r s , r e s u l t s from s y s t e m a t i c industry. 7 4  Clearly, of  idleness.  indeed, upon to  there  i s more  to t h i s  The w e l l - b e i n g  the l e v e l  'systematic  passage  work, b u t t o do so i n a  a mere  of the socio-economic  of c i v i l i z a t i o n industry'.  than  -- i s h e l d  It i s not only ' r e g u l a r ' and  condemnation system  --  t o be d e p e n d a n t necessary  f o r men  'orderly fashion'.  138 How On  d i d the S o c i e t y act on t h i s p r i n c i p l e  the one  hand, of course,  that i t was habits.  The  i n t h e i r own author  the comparatively  they attempted to convince  best i n t e r e s t  of The  to develop  of l i v i n g  enjoyed  E n g l i s h working c l a s s e s depended on a s t r i c t  C o l c h e s t e r with a medieval French  cities,  he wrote:  workers  good work  Rights of Industry p o i n t e d out t h a t  high standard  s y s t s m a t i z a t i o n of labour.  in i t s publications?  the  division  Contrasting nineteenth c i t y , and  by  even with  and  century  contemporary  75  Some, even of the humbler c l a s s e s , are not thought to exceed the proper appearance of t h e i r s t a t i o n i f they wear s i l k . The rrfan have decent working h a b i t s , ~ strong shoes and hats, and a r e s p e c t a b l e s b i t f o r Sundays,of c l o t h o f t e n as good as i s worn by the h i g h e s t i n the l a n d . /  C i t i n g the case of 'wild P e t e r ' , the author  went on to  demonstrate that " m i s d i r e c t e d l a b o u r " -- where men  "worked 7 6  without  s k i l l " —  r e s u l t e d i n " u n i v e r s a l poverty."  On the other hand, the S o c i e t y d i d not r e l y d i r e c t appeals  to the worker's reason.  that i t s s c i e n t i f i c Brougham and  The  s o l e l y on  S o c i e t y a l s o hoped  t r a c t s would serve a 'most u s e f u l '  h i s c o l l e a g u e s thought  these  purpose.  that a b a s i c grounding  in  s c i e n c e would c u l t i v a t e an a p p r e c i a t i o n of the a b s t r a c t p r i n c i p l e s of order and thereby  regularity.  equip workers with a mental framework which would allow  them to a p p r e c i a t e the methodical the new  Such i n s t r u c t i o n would  and a e s t h e t i c arrangement of  work world.  Both approaches to the problem of w o r k - d i s c i p l i n e are evident i n the S o c i e t y ' s f i r s t Objects, Advantages, and  p u b l i c a t i o n , A Discourse  P l e a s u r e s of S c i e n c e .  of  the  In t h i s work,  139 Brougham impressed their  upon the minds of h i s readers that i t was  'sacred duty', both to themselves  work.  and  t h e i r c o u n t r y , to  Only when they had p r o v i d e d f o r themselves  families,  Brougham s a i d , d i d they have any  and  their  ' r i g h t ' to r e l a x a t i o n  77 or  intellectual  improvement.  show that s c i e n t i f i c way  However, Brougham went on to  i n s t r u c t i o n was  i n which an i n d i v i d u a l approached  directly  related  h i s work.  to the  If the worker  were conversant with the p r i n c i p l e s of s c i e n c e , he would be 78 "more s k i l f u l ,  expert, and u s e f u l . "  Furthermore,  he  might  even be a b l e to make "important d i s c o v e r i e s ' " which would a i d industrial  growth.  But these "advantages"  were secondary  i n f l u e n c e which s c i e n c e would have on "the n a t u r a l  to the  constitution  79 of  h i s mind."  Learning the d o c t r i nes of N a t u r a l Science g n  would i n s t i l l i n v a l u a b l e moral h a b i t s : Let a man pass an evening i n vacant i d l e n e s s , or even i n reading some s i l l y t a l e , and compare the s t a t e of his mind when he goes to s l e e p or gets up next morning with i t s s t a t e some other day when he has passed a few hours i n going through the p r o o f s , by f a c t s and r e a s o n i n g , of some of the great d o c t r i n e s i n N a t u r a l Science...he w i l l f i n d as great a d i f f e r e n c e as can e x i s t i n the same being, -- the d i f f e r e n c e between l o o k i n g back upon time u n p r o f i t a b l y wasted, and time spent i n self-improvement: he w i l l f e e l h i m s e l f i n the one case l i s t l e s s and d i s s a t i s f i e d , i n the other comfortable and happy. The  resemblance  on the Poor  Law  between these l i n e s and  should not pass u n n o t i c e d .  Brougham's  statements  In both cases,  Brougham s t r e s s e d the b e n e f i t s of ' r e g u l a r e x e r t i o n ' as opposed to  i d l e or i r r e g u l a r h a b i t s .  As f a r as Brougham was  concerned,  t h i s p r i n c i p l e a p p l i e d e q u a l l y to the mind as to the body.  Thus,  the h a b i t s which an i n d i v i d u a l a c q u i r e d from the study of s c i e n c e  140 would c a r r y over  i n t o h i s other a c t i v i t i e s .  put i t , "the more progress  Or, as Brougham  he makesin the s c i e n c e s , " the more 81  he w i l l  prize  " i n d u s t r y " and  "the h a b i t s of r e g u l a r l a b o u r . "  However, the message of Brougham and fell The  on deaf  ears.  Works such as The  Objects, Advantages, and  f o r an audience to buy  his Scottish  Rights of Industry  that d i d not e x i s t .  A f t e r these  initial  and  Pleasures of Science were w r i t t e n Workers d i d not rush  the S o c i e t y ' s s i m p l i f i c a t i o n s of s c i e n c e and  economy.  friends  failures,  political  the p u b l i c a t i o n s of the  S o c i e t y became more b l a t a n t l y p r o p a g a n d i s t s Penny Magazine, f o r example, was  out  and  banal.  w r i t t e n i n the s t y l e  The  later  become p o p u l a r i z e d i n m o r a l i s t i c p e r i o d i c a l s aimed at the orders.  It s t r e s s e d temperance, t h r i f t ,  with such a r t i c l e s as "The Drunkeness," "The  Value  and  to  lower  good work h a b i t s  of a Penny," "The  S e c r e t of Great Workers," and  Cure of  "How  to Endure  82  Poverty."  The  beings was  e a r l i e r attempt to t r e a t workers as  h e n c e f o r t h t r a n s f e r r e d i n t o the education of the  upper c l a s s e s and a labour Although was  aristocracy.  the education of the m i d d l i n g and  not the fundamental focus of the reformers,  deserves  rational  a b r i e f mention.  In one  of h i s essays  upper c l a s s e s i t certainly  on Fellenbr-u-g-, 83 3 r o u g h a m claimed t h a t there were two kinds of e d u c a t i o n : The education of the lower c l a s s e s i s p r i n c i p a l l y negative. For i t i s n e a r l y s u f f i c i e n t to set them good examples, and keep i d l e n e s s and v i c e out of sight. But the education of the higher c l a s s e s i s of a more p o s i t i v e and e x t e n s i v e s o r t ; and they have e v i d e n t l y more to l e a r n . For 3 r o u g h a m , the education of the l a t t e r c l a s s e s should more  141 nearly  approach  friends  the  founded  no  s u r p r i s e to  was  Edinburgh  liberal  London the  ideal.  To  University  reader  that  this  end,  i n 1826.  the  model  he  and  It will for this  his  come  as  institution  University.  V In  summary,  movement  i n the  B r o u g h a m was willing  the  to  'education  Scottish  early  only  nineteenth  one  of  a  considerable  of  poor'.  the  Scottish  inculcating  h a b i t s of  their  century  l a r g e number  expend  traditional  cases,  i n f l u e n c e on  energy  These  faith  men  i n the  discipline  faith  was  be  exaggeration  the was  of  considerable.  Scots  who  in behalf  carried  power and  educational  of  of  with  the  them  education  industry.  r e i n f o r c e d by  were  for  And,  enlightenment  a  in  most  ideas  on  education. It only  would  an  interested  i n education  as  to a  claim that tool  almost  every  case,  they  believed that  itself  quite apart  from  the  it  i s true  to  say  lower  orders  this  necessary  pauperism,  but  society  also  force.  As  reformers concern.  was  that on  the  to  rapid  demanded  disciples perceived  main  inculcating  i n order the  uses  of the  emphasis 'moral  c r e a t i o n of  Adam S m i t h , 'labour  was  education Not  problem'  were  good  in  be  in  for  the  only  was of  industrial  Scottish to  In  Still,  serious problem  disciplined  the  a  put.  habits'.  labour a  Scots  control.  i t was of  e l i m i n a t e the of  social  knowledge  to which  division  the  of  the  a  work  educational fundamental  142  for  L i k e Adari S m i t h ,  the reformers  education  their  himself  d i d not view  disciplined workers 'falling  from  inherited  native country.  an a p p r e c i a t i o n However,  e d u c a t i o n a s an i n s t r u m e n t  i n d u s t r i a l workers.  Rather,  for creating  he b e l i e v e d t h a t  should receive education i n order into drowsy s t u p i d i t y '  Smith  as a r e s u l t  to prevent  them  from  o f t h e monotomy o f  84 their to  labour.  By a p p l y i n g t h e i r  t h e needs of a r a p i d l y  Smith's  disciples  understanding  developing  went a s t e p f u r t h e r  industrial than  fused education in  to i n d u s t r i a l i z a t i o n  the present, f i n d  i t difficult  to  England,  their  towards the c r e a t i o n . o f a c a p i t a l i s t s o c i e t y . i n a way escape.  of education  master  In f a c t , from  which  they we,  143  CONCLUSION  144  In  1826,  Englishman  W i l l i a m Cobbett  Guy  Fawkes' to  mountains a g a i n ' . Scottish called  reformers,  them.  or  so  of S c o t t i s h  pointing  Although  the  real  did exercise a significant  century  reform  true.  The  by  the  major  i n The  Age  'that  back  love f o r  honest  to  their  the  f e e l o s o p h e r s ' as  ha  England  tended  that  the  he  had  to exaggerate  doubt  that  S c o t s m e n and  he  the  was  Scottish  influence in early  nineteenth  movements.  began t o s e t t l e out  no  i s no  phenomenon.  thought  However,  of  beggars  rural  Cobbett  i n f l u e n c e , there  to a very  had  wish  them r e s p o n s i b l e f o r many o f  transformed  known i n h i s y o u t h . extent  certainly  held  the  Scotch  'beastly Scotch  I n d e e d , he  c h a n g e s w h i c h had  'blow t h e  Cobbett  1  reiterated  1840's,  reforms into  of  an  Cobbett's  had  observation  been a c c o m p l i s h e d ,  industrial  Equipoise,  the  age.  As  no  longer  and  W.L.  held  England  Burn  points  mid-Victorian generation  was  2  a  rather s e l f - s a t i s f i e d  evils in  of the  could  their be  The  The  had  purpose.  left age  longer  believed that  Brougham and Any  touching  of reform  gave way  values  t h a t needed  t o an  p u t t i n g them i n t o  opposition,  Chadwick and  the  process  of  country.  age  worst  were  living  friends to  be  had  done  such  of a d m i n i s t r a t i o n . an  important  were g e n e r a l l y a g r e e d  p r o b l e m was  the  they  his Scottish  up  did innovative ideas play  gradual  that  the  to a d m i n i s t r a t o r s .  b a s i c i d e a s and  throughout  They  been a b o l i s h e d and  'enlightened' times.  served  No  past  one.  the  practice. other  Poor  rationalizing A similar  the  Despite Law  upon; some  the initial  Commissioners  system  progress  role.  of  towards  began  relief centralization  145 and  u n i f o r m i t y took  in  education,  in  t h e gaps' The  changes Scots In  place  the state continued by means  of grants  developments which  first  i n the legal  took  i t s policy  only  since  the quality  after  Brougham  of education  provided.  delivered a powerful  foundation  of government  had c o n v i n c e d  control  parliament  over  b u t he d i d n o t f o r e s e e  that  education  would  increase reign to  from  this  Edinburgh  i n t h e power  as the leader  a close.  administrator. idealist*:  liberal's  would  was  laid.  direction  could  B u t , by  have  be t a k e n  by a  realist'.  been  than  an  1839, Brougham's  movement was  Kay-Shuttleworth  'mundane  the  intention  o f government.  S i r James  he w a s a  Nothing  of the education  His place  speech  of the necessity f o r  the poor,  further  Thus,  system, the  education  educating  take.  cause.  to inspect the  state interference i n the voluntary  this  of the  Brougham and h i s f e l l o w  condemning  Brougham  And,  'filling  up t h e ' p r o g r e s s i v e a n d r e f o r m i n g '  and a s s e s s  two y e a r s  of  are indicative  1 8 3 9 , a S e l e c t C o m m i t t e e was a p p o i n t e d  schools  as w e l l .  and i n s p e c t i o n .  i n education  had o c c u r r e d  system  drawing  tough-minded was no  'heady  146  NOTES Introduction  1. J.F.C. H a r r i s o n , ( S t . A l b a n s , 1 9 7 3 ) , 19.  The  Early  Victorians,  1832-51,  2. F o r e x a m p l e , s e e J . F . C . H a r r i s o n , R o b e r t Owen and t h e Omenites i n 3 r i t a i n and A m e r i c a , (London, 1969), 8 3 - 7 ; A.UJ. C o a t s , " E c o n o m i c T h o u g h t a n d P o o r Law P o l i c y i n t h e E i g h t e e n t h C e n t u r y , " Economic H i s t o r y R e v i e w , 2nd S e r i e s , X I I I , 1, ( 1 9 6 0 ) , 3 9 - 5 1 ; Muriel Jaeger, Before V i c t o r i a , ( M i d d l e s e x , 1 9 6 7 ) , 8 2 - 1 0 1 ; R o n a l d L. M e e k , "The Scottish C o n t r i b u t i o n t o M a r x i s t S o c i o l o g y , " Economics and I d e o l o g y , (London, 1967), 34-50.  Chapter 1. 1859?),  Burn's 5..  Centenary  I  Festival,  Fragment,  (n.p.,  2. I n B r o u g h a m ' s y o u t h f u l l e t t e r s , he o f t e n r e f e r s t o a n o t h e r n a t i o n a l p o e t , Thomas C a m p b e l l . See B r o u g h a m a n d H i s E a r l y F r i e n d s ; L e t t e r s t o James L o c h , ( L o n d o n , 1908). The  3. David Daiches, Eighteenth Century  The P a r a d o x o f S c o t t i s h C u l t u r e ; E x p e r i e n c e , ( L o n d o n , 1964 ) , 66 .  4. T.C. Smout, A H i s t o r y of t h e S c o t t i s h P e o p l e s 15601830, ( L o n d o n , 1 9 6 9 ) , 2 2 3 - 3 0 . Smout's work i s t h e b e s t introduction to Scottish history. 5. D a v i d Humes W r i t i n g s on R o t w e i n , ( M a d i s o n , 1 9 7 0 ) , 15.  Economics,  ed.  Eugene  6. Adam S m i t h , The W e a l t h o f N a t i o n s , e d . S k i n n e r , ( M i d d l e s e x , 1970J, 192-5.  Andrew  7. S e e A. S k i n n e r , " E c o n o m i c s a n d H i s t o r y -The S c o t t i s h Enlightenment," S c o t t i s h J o u r n a l of P o l i t i c a l Economy, ( 1 9 6 5 ) , 1-22. 8. H e n r y P e t e r B r o u g h a m , The L i f e a n d T i m e s B r o u g h a m , V o l . I , ( E d i n b u r g h , M D C C C L X X I ) , 105.  of  Henry  9. See J o h n s o n a n d B o s w e l l , A J o u r n e y t o t h e W e s t e r n I s l a n d s o f S c o t l a n d , e d . R.W. Chapman, ( L o n d o n , 1970), 2 5 - 3 3 ; M.G. J o n e s , The C h a r i t y S c h o o l M o v e m e n t , (Cambridge, 1938), 168-9. 10.  T.C.  Smout,  op.  cit.,  224.  147  11. 1963),  John 22.  Prebble,  12. The L i f e V o l . I , T06~.  and  The  Highland  Times  of  Henry  Clearances,  Lord  (Middlesex,  Brougham,  13. M.G. J o n e s , oo. c i t . , 176-7. Jones p r o v i d e s e x c e l l e n t d i s c u s s i o n of t h e b e g i n n i n g s and growth of S.P.C.K. i n S c o t l a n d i n h e r p a i n s t a k i n g study.  an the  14. M.G. J o n e s , op. c i t . , 207. J o n e s g o e s on t o a r g u e that t h i s p r a c t i c a l s o r t of e d u c a t i o n " p l a y e d a l e a d i n g r o l e " i n the t r a n s f o r m a t i o n of the H i g h l a n d s . One finds t h i s c o n c l u s i o n r a t h e r s t a r t l i n g , s i n c e a l l the examples which Jones c i t e s of s c h o o l m a s t e r s and s c h o o l m i s t r e s s e s t r y i n g t o implement t h i s p o l i c y were i n e f f e c t u a l , It i s m o r e r e a s o n a b l e t o a r g u e t h a t t h i s t r a n s f o r m a t i o n was b r o u g h t a b o u t by t h e new economic p o s s i b i l i t i e s which accompanied t h e b r e a k d o w n o f c l a n o r g a n i z a t i o n a n d mass immigration. J o n e s ' e r r o r was t o r e l y t o o h e a v i l y on t h e b i a s e d r e p o r t s o f t h e S.P.C.K. a n d t h e G a e l i c Society. T r u e t o S c o t f o r m , t h e members o f t h e s e S o c i e t i e s w e r e i n c l i n e d to a t t r i b u t e the progress to t h e i r e d u c a t i o n a l endeavours. 15. There were ' e n l i g h t e n m e n t * t h i n k e r s i n E n g l a n d , such as P r i c e and P r i e s t l e y . H o w e v e r , t h e s e men were q u i t e i s o l a t e d from the main t h r u s t o f i n t e l l e c t u a l life i n t h e i r own country. 16. In f a c t , n e i t h e r B a c o n n o r Newton were a s empirical as t h e i r enlightenment f o l l o w e r s supposed. Both held r e l i g i o u s and m e t a p h y s i c a l i d e a s which even the S c o t t i s h S c h o o l would have r e j e c t e d . 17. (Boston,  Ernst  Cassirer,  1955),  The  Philosophy  of  The  Enliahtenment,  the  Enlightenment,  13.  18.  Ibid.,  19. 1968),  Norman 207.  20.  Ibid.,  207-8.  Gladys of the  B r y s o n , Man a n d S o c i e t y : T h e Scottish Eighteenth Century, (Princeton, 1945),  21. Inquiry  21. Hampson,  22. Ferguson, Hutcheson, Hume a n d S m i t h stressing this point. See B r y s o n , o p . c i t . ,  (Middlesex,  149.  were c o n t i n u a l l y 148-72.  148 23.  Daiches,  24.  Ibid.,  op.  cit.,  82.  80-2.  25. An i n t e r e s t i n g , i f s o m e w h a t d a t e d , w o r k o n Montesquieu's s o c i a l thought i s E m i l e Durkheirn's Montesquieu and Rousseau, ( M i c h i g a n , 1960). Gryson h e r s e l f d o e s n o t make v e r y much o f M o n t e s q u i e u ' s i n f l u e n c e o n the S c o t t i s h S c h o o l , but even a s u p e r f i c i a l e x a m i n a t i o n o f t h e i r w o r k s u g g e s t s t h a t t h i s i n f l u e n c e was v e r y strong. 26.  Bryson,  27.  T.C.  28. Growth, (1964),  op.  cit.,  Smout,  242.  op. c i t . ,  T.C. Smout, 1650-1850," 218.  505.  " S c o t t i s h Landowners and Economic S c o t t i s h Journal of P o l i t i c a l Economy,  29. An i n t e r e s t i n g w o r k w r i t t e n o n t h i s s u b j e c t i s H e n r y W. M e i k l e , S c o t l a n d a n d t h e F r e n c h R e v o l u t i o n , (Glasgow, 1912). 30. Hume; S e l e c t i o n s , York, 1927), 24-7. 31.  Bryson,  32.  Ibid.,  37.  33.  Ibid.,  35.  34.  Ibid.,  115-9.  35.  Ibid.,  119.  36. The V o l . I , TT.  the  op.cit.,  Life  and  37. Henry L o r d Time of George  38. The V o l . I,  Life  TT.  ed. C h a r l e s  Ul. H e n d e l ,  (New  35-7.  Times  o f Henry  Lord  Brougham,  Brougham, L i v e s o f P h i l o s o p h e r s I I I , (London, 1885), VT.  and Times  o f Henry  39. Early Nineteenth Century R.C. O l b y , ( O x f o r d , 1 9 6 7 ) , 7 4 .  Lord  European  40. Henry P e t e r Brougham, Works V o l . V I I , ( E d i n b u r g h , 1872), 377.  of  df  Brougham,  Scientists,  Henry  Lord  ed.  Brougham,  ug 41. The use o f t h e c a t e g o r i e s o f n a t u r a l and m o r a l philosophy e n a b l e d Brougham t o become f a i r l y k n o w l e d g e a b l e a b o u t a wide r a n g e o f s u b j e c t s . I t a l s o made him the o b j e c t o f much c r i t i c i s m f r o m s p e c i a l i s t s . For instance, h i s a n a l y s i s of p o l i t i c a l economy i n an 1822 House o f Commons d e b a t e was r i d i c u l e d by R i c a r d o and H u s s k i n s o n . In t h e same way, many o f h i s l a t e r s c i e n t i f i c w r i t i n g s , s u c h as an 1834 a r t i c l e p a r a l l e l i n g t h e use of i n d u c t i o n i n b o t h r e l i g i o u s and s c i e n t i f i c e x p l a n a t i o n , were h e a v i l y attacked. 42. T h i s was t r u e o f many o f t h e members o f t h e S c o t t i s h School. As F r a n c i s Hawes s a i d of t h e w r i t e r s f o r t h e E d i n b u r g h Review: "In a f t e r y e a r s the v a r i o u s contributors f o u n d i t d i f f i c u l t t o s o r t out t h e i r own a r t i c l e s ; one can h a r d l y wonder a t i t when t h e y w r o t e so many and on s u c h diverse subjects." See F r a n c i s Hawes, Henry Brougham, ( L o n d o n , 1957). 43. Brougham's r e p u t a t i o n as s o m e t h i n g o f a r a d i c a l began w h i l e he was a member o f t h e S p e c u l a t i v e Society in Scotland. In a 1799 d e b a t e on t h e i n t r o d u c t i o n of a r e l i g i o u s t o p i c f o r d i s c u s s i o n , Brougham moved a m o t i o n t h a t t h e c o n s e r v a t i v e t a b o o o f t h e s o c i e t y be r e l a x e d i n f a v o u r o f f r e e d i s c u s s i o n on b o t h r e l i g i o u s and political topics. T h i s i n c u r r e d t h e w r a t h o f t h e o l d e r members. F u r t h e r d e t a i l s can be f o u n d i n The H i s t o r y o f t h e S p e c u l a t i v e S o c i e t y , 1764-1904, ( E d i n b u r g h , 1905), 11-14. 44. Henry P e t e r Brougham, O p i n i o n s ( L o n d o n , 1837), 79. 4 5  «  The  Press,  October  17,(1857),  of  Lord  Brougham,  1019.  46. Henry P e t e r 8rougham, A D i s c o u r s e o f t h e Objects, A d v a n t a g e s , and P l e a s u r e s of S c i e n c e , ( L o n d o n , MDCCCXXvIII), T  S  T  ;  —  47. (Aalen,  Adam S m i t h , The Works o f 1963), 403-52~2~;  48. Lives III, 385.  of  the  Philosophers  Chapter  1. 1965),  J.G.Crowther, 17.  Adam S m i t h ,  Statesmen  i n the  LL.D,  Time o f  Vol. George  II  of  Science,  (London,  V,  150 2. C h e s t e r New, ( O x f o r d , 1 9 6 1 ) , 6. 3. Loch,  The  The  Life  of  Henry  Brougham  Brougham and H i s E a r l y F r i e n d s : L e t t e r s V o l . I, (London, 1908), 344.  4. D a v i d D a i c h e s , The P a r a d o x Eighteenth Century Experience,  to  to  1830,  James  of S c o t t i s h Culture; ( L o n d o n , 1 964 ) , 57 .  5. I n h i s w o r k L o r d Karnes a n d t h e S c o t l a n d o f h i s Day, ( O x f o r d , 1 9 7 2 ) , I a n R o s s g i v e s a n i n f o r m a t i v e a c c o u n t of t h e c u l t u r a l e n d e a v o u r s o f t h e E d i n b u r g h •literati*. See pp. 60-75. 6. A s a l i t e r a r y c r i t i c , B r o u g h a m made a s a v a g e a t t a c k on t h e e a r l y p o e t r y o f B y r o n , c a u s i n g t h e l a t t e r t o a p p l y h i m s e l f and p r o d u c e b e t t e r work. S e e J o h n Cam H o b h o u s e , R e c o l l e c t i o n s o f a L o n g L i f e , (New Y o r k , 1 9 0 9 ) , 3 3 6 - 7 . 7.  D a i c h e s , op.  cit.,  57.  8. Alan Harding, A Social History ( M i d d l e s e x , 1966), p a r t s one a n d two.  of  9. A.G.M. E n g l i s h and 10.  Dunedin, Scottish  H a r d i n g , op.  Ibid.,  cit.,  223.  The  Scottish  14. D a v i d M. W a l k e r , T h e ( E d i n b u r g h , 1 9 6 3 ) , c h . 4.  Vol.  Ibid.,  16.  Ross,  ch.  Ibid.,  Scottish  op. c i t . ,  220.  Legal  Scottish  Tradition,  Legal  System,  4. 8-44.  17. Henry P e t e r Brougham, V I I I , ( E d i n b u r g h , 1872), 18.  The  21.  13. Lord Cooper, ( L o n d o n , 1 9 6 0 ) , 15.  15.  Law,  The D i v e r g e n c i e s and C o n v e r g e n c i e s Law, ( G l a s g o w , 1 9 3 5 ) , 18-26 7  11. T.B. S m i t h , B r i t i s h J u s t i c e ; C o n t r i b u t i o n , ( L o n d o n , 1 9 6 1 ) , 19. 12.  of English  Works 224.  o f Henry  Lord  Brougham,  151 19. Ernst Cassirer, ( B o s t o n , 1 9 5 5 ) , c h . 6. 20.  Ibid.,  21.  Harding,  22. France, 180-1 . 23.  The  Philosophy of the Enlightenment,  240. op.  cit.,  217.  Edmund B u r k e , R e f l e c t i o n s on t h e R e v o l u t i o n i n e d . T h o m a s H.D~ Mahoney, ( I n d i a n a p o l i s , 1955),  Ross,  op. c i t . ,  101.  24. See Andrew S k i n n e r , " E c o n o m i c s a n d H i s t o r y -- The S c o t t i s h Enlightenment," Scottish Journal of P o l i t i c a l E c o n o m y , ( 1 9 6 5 ) , 1-22; R o n a l d Meek, " T h e S c o t t i s h Contribution to M a r x i s t S o c i o l o g y , " Economics and I d e o l o g y , (London, 1967), 4 0 f . 25.  Works  26.  Ibid.,  o f Henry  Lord  Brougham,  Vol. VIII,  64.  27. Henry P e t e r Brougham, O p i n i o n s o f Henry B r o u g h a m , ( L o n d o n , 1 8 3 7 ) , 115. 28.  Works  29.  Ibid.,  69-103.  o f Henry  Lord  Brougham,  V o l . X,  Lord  414.  414.  30. T h o m a s R o b e r t M a l t h u s , An E s s a y on t h e P r i n c i p l e . P o p u l a t i o n , e d . A n t h o n y F l e w , ( M i d d l e s e x , 1 9 7 0 ) , 9~8~1  of  31. T.C. Smout, A H i s t o r y o f t h e S c o t t i s h P e o p l e , ( L o n d o n , 1 9 6 9 ) , 98. S i n c e w r i t i n g t h i s s e c t i o n , I have come a c r o s s R o s a l i n d M i t c h i s o n ' s r e c e n t a r t i c l e "The M a k i n g o f t h e O l d S c o t t i s h P o o r Law," P a s t a n d P r e s e n t , 63, ( 1 9 7 4 ) , 58-93. Mitchison argues that, i n practice, S c o t t i s h p o o r r e l i e f was n o t n e a r l y a s h a r s h a s was o n c e believed. F o r t h i s r e a s o n , I w o u l d now t e m p e r my a r g u m e n t somewhat. H o w e v e r , t h e r e i s no d o u b t t h a t t h e f o r m a l S c o t t i s h p o o r l a w was much m o r e s e v e r e t h a n t h a t o f E n g l a n d . F u r t h e r m o r e , t h e S c o t s t h e m s e l v e s were p r o u d o f a s y s t e m that d i d not encourage pauperism i n the s l i g h t e s t degree. 32. S i r George N i c h o l l s , Law, (New Y o r k , 1 9 6 7 ) , 1 1 8 . 33. J.D. M a r s h a l l , ( L o n d o n , 1 9 6 8 ) , 12.  The  A  History  O l d Poor  of the Scotch  Law,  1795-1834,  Poor  152 34. F o r an i n t e r e s t i n g d i s c u s s i o n of n a t u r a l rights t h e o r y a s i t a p p l i e d t o t h e c o n c e p t o f work a n d t h e w o r k e r , s e e J o s e p h . J . S p e n g l e r , " R i g h t t o Work : ' A Backward G l a n c e , " J o u r n a l of Economic H i s t o r y , X X V I I I , ( 1 9 6 8 ) , 171-96.  the  of  35.  Works  36.  T.C.  37.  Ibid.,  Lord B r o u g h a m , V o l . X , 2 0 2 .  o f Henry Smout,  op.  c i t . , 84.  84-5.  38. For example, S i d n e y Smith and E d i n b u r g h Review. And t h e r e were 39.  T.C.  Smout,  op.  40.  Micholls,  41.  Opinions of Lord  op.  in  c i t . , 90.  cit.,  88-9.  Brougham,  42. Johnson and B o s w e l l , A S c o t l a n d , e d . R.W. Chapman^  43. Walter  Thomas C h a l m e r s many o t h e r s .  73.  Journey t o the Western (London, 1970), TT.  D o u g l a s Young, E d i n b u r g h i n t h e Age S c o t t , (Oklahoma, 1965), 39.  44. S i d n e y P o l l a r d , The ( M i d d l e s e x , 1965), 203.  Genesis  Islands  of S i r  o f Modern  Management,  45. A.W. C o a t s , " E c o n o m i c T h o u g h t a n d P o o r Law P o l i c y i n the E i g h t e e n t h C e n t u r y , " Economic History Review, 2nd S e r i e s , X I I I , ( 1 9 6 0 ) , 45. 46.  Ibid.,  45.  47.  S k i n n e r , op.  48.  Ibid.,  5-15.  49.  Ibid.,  11.  cit.,  1-2.  50. Henry P e t e r Brougham, "The F o r e i g n R e l a t i o n s o f G r e a t B r i t a i n , " Works o f Henry L o r d Brougham, V o l . V I I I . 51. D a v i d Hume: W r i t i n g s o n R o t w e i n , ( M a d i s o n , 1970), 24. 52.  S k i n n e r , op. c i t . ,  53.  Msek,  op.  cit.,  47.  1-22.  Economics,  ed.  Eugene  153  of  54. G l a d y s B r y s o n , Plan and S o c i e t y ; The S c o t t i s h t h e E i g h t e e n t h C e n t u r y , ( P r i n c e t o n , 1945), 2 14.  55. Adam S m i t h , The W e a l t h o f N a t i o n s , S k i n n e r , ( M i d d l e s e x , 1970), 117. 56.  Ibid.,  120.  57.  Ibid.,  115.  Inquiry  e d . Andrew  58. E . J . H u n d e r t , "The C o n c e p t i o n o f Work a n d t h e Worker i n E a r l y I n d u s t r i a l E n g l a n d , " ( U n i v e r s i t y o f R o c h e s t e r , 1969), 271-284. A  59. N o t i c e t h e d i f f e r e n c e between S m i t h a n d h i s predecessor Petty, Whereas P e t t y t h o u g h t t h a t i t was e v e r y man's d u t y t o work, he d i d n o t b e l i e v e t h a t t h i s came n a t u r a l l y t o him. See E . A . J . J o h n s o n , P r e d e c e s s o r s of Adam S m i t h , (New York, 1960), 93-113. 60.  Smout, op. c i t . ,  61.  Meek, op. c i t . ,  62.  Skinner,  513.  47  op. c i t . ,  10.  63. In many p a s s a g e s i n The W e a l t h o f N a t i o n s , Adam S m i t h e v i d e n c e s t h e o b s e s s i o n t h a t L o w l a n d S c o t s had c o n c e r n i n g t h e backwardness o f H i g h l a n d s o c i e t y . Two w i l l s u f f i c e here: t h e r e i s a t t h i s day a v i l l a g e i n S c o t l a n d where i t i s n o t uncommon, I am t o l d , f o r a workman t o c a r r y n a i l s i n s t e a d o f money t o t h e b a k e r ' s shop o r t h e a l e h o u s e . And: In some p a r t s o f S c o t l a n d , a few poor p e o p l e make a t r a d e o f g a t h e r i n g , a l o n g t h e s e a s h o r e , t h o s e l i t t l e v a r i e g a t e d s t o n e s commonly known by t h e name o f S c o t c h P e b b l e s . The p r i c e w h i c h i s p a i d t o them by t h e s t o n e c u t t e r i s a l t o g e t h e r t h e wages o f t h e i r l a b o u r ; n e i t h e r r e n t n o r p r o f i t make any p a r t o f i t . See  Adam S m i t h ,  op. c i t . , 127, 154.  154  64. H e n r y P e t e r B r o u g h a m , The L i f e a n d T i m e s o f H e n r y L o r d B r o u g h a m , V o l . I , 86. It i s i n t e r e s t i n g to note t h a t one o f t h e q u e s t i o n s d i s c u s s e d i n t h e S p e c u l a t i v e S o c i e t y was "That benevolence i s a s t r o n g e r p r i n c i p l e of a c t i o n than i n t e r e s t . " The f a c t t h a t t h i s q u e s t i o n c o u l d be r a i s e d w i t h i n the boundaries of moral p h i l o s o p h y i s i n d i c a t i v e o f t h e s p r e a d o f t h e i d e a s o f Adam S m i t h . I n c i d e n t a l l y , t h e S o c i e t y r u l e d t h a t i n t e r e s t was the s t r o n g e r o f t h e two qualities. 65. Time o f 66.  Henry P e t e r Brougham, L i v e s George I I I , (London, 1855), Brougham  67. M.G. (Cambridge, 68.  and  Jones, 1938),  Opinions  His The 165.  of  of P h i l o s o p h e r s 273.  Early  Friends,  Charity  School  Henry  Lord  Vol.  II,  of  102-3.  Movement,  Brougham,  72.  69. I t was a t t h i s t i m e t h a t B r o u g h a m t o o k o v e r the f i n a n c e s and o r g a n i z a t i o n of the R o y a l Lancasterian S o c i e t y , and began a c t i v e l y c a m p a i g n i n g f o r a n a t i o n a l system of e d u c a t i o n . 70.  Smout,  op. c i t . ,  71 .  Ibid.,  452-61 .  72.  Young,  op. c i t . ,  73.  Smout,  op. c i t . ,  73.  18;  Smout,  312.  Muriel Jaeger, Before 74. (Middlesex, 1967),"91-2. op.  op.  75.  Smout,  76.  Nicholls,  77.  Opinions  78.  Ibid. ,  73-4.  79.  Bryson,  op.  80.  David  Hume: W r i t i n g s  81.  Works  of  Victoria,  c i t . , 451. op.  of  c i t . , 120-4.  Henry  Lord  cit•,  184-90.  Henry  Lord  on  Brougham,  73.  Economics,  Brougham,  Vol.  23. VIII,  423.  the  155 82. B r y s o n , op. c i t . , 146; K i n g s l e y M a r t i n , F r e n c h L i b e r a l Thought i n t h e E i g h t e e n t h C e n t u r y , ed. J.P. Mayer, (New Y o r k , 1962), 121-2. 83. 1968),  Norman Hampson, The 39.  84.  Adam S m i t h , op.  85.  O p i n i o n s o f Henry  86.  Ibid.,  87. 1859?), 88.  Enlightenment, (Middlesex,  cit., Lord  120. Brougham,  117.  117.  Burn's 4.  Centenary F e s t i v a l ,  Ibid.,  4.  Fragment,  (n.p.,  Chapter I I I 1. See c a r t o o n s i n F r a n c i s Hawes, Henry Brougham. ( L o n d o n , 1957), 256. F o r Brougham's r e l a t i o n s h i p w i t h The T i m e s , see c h . 7 o f Derek Hudson, Thomas B a r n e s o f 'The T i m e s ' , ( C a m b r i d g e , 1943). 2. Arthur A s p i n a l l , Lord P a r t y , ( M a n c h e s t e r , 1927), 70, c a r i c a t u r e d c o u n t l e s s t i m e s by l o n g nose a f i t t i n g o b j e c t f o r  Brougham and t h e Whig 99, 123. Brougham was Punch w h i c h f o u n d h i s ridicule.  3. At any r a t e , t h e t r u e e x t e n t o f Brougham's i n f l u e n c e would be d i f f i c u l t t o d e t e r m i n e . Brougham's c l a i m t o fame r e s i d e d more i n h i s a b i l i t y t o i n i t i a t e l e g a l r e f o r m s t h a n i n c a r r y i n g them t h r o u g h p e r s o n a l l y . Thus, much o f h i s i n f l u e n c e would have been i n d i r e c t . Sir C e c i l Carr p o i n t s t h i s out q u i t e c l e a r l y i n A V i c t o r i a n Law R e f o r m e r ' s C o r r e s p o n d e n c e , ( L o n d o n , 1 9 5 5 7 1 TT~, 4. E l i e H a l e v y , The ( B o s t o n , 1966), 509-10. 5. during 186.  Growth o f P h i l o s o p h i c  Radicalism,  A.V. D i c e y , Law and P u b l i c O p i n i o n i n E n g l a n d t h e N i n e t e e n t h C e n t u r y , ( L o n d o n , 1963 ), 126-7,  6. W i l l i a m H o l d s w o r t h , Some Makers ( C a m b r i d g e , 1966), 253-5.  of E n g l i s h  Law,  156 7. Alan Harding, A Social ( M i d d l e s e x , 1966), 335.  History  o f E n g l i s h Lam,  8. G.T. G a r r a t t , L o r d B r o u g h a m , ( L o n d o n , 1957), 49, 206-7; A s p i n a l l , o p . c i t . , 230-1. F r a n c i s Hawes d i d n o t comment on t h e r e l a t i o n s h i p b e t w e e n Brougham a n d Bentham a t a l l , b u t t h i s r e f l e c t s t h e u n s y s t e m a t i c a n d s i m p l i s t i c n a t u r e o f h i s work r a t h e r t h a n a n y d e l i b e r a t e omjrfission. 9. C h e s t e r New, T h e L i f e ( O x f o r d , 1961), 391.  o f Henry  Brougham  t o 1830,  10. I b i d . , 400. T h i s argument p a r a l l e l s t h e one p u t f o r t h b y H o l d s w o r t h i n Some M a k e r s o f E n g l i s h L a w . I n f a c t , New c i t e s H o l d s w o r t h a s h i s s o u r c e . 11. T h i s i s c l e a r from Bentham's c o r r e s p o n d e n c e . T h e I'Jorks o f J e r e m y B e n t h a m , e d . J o h n B o w r i n g , (New Y o r k , 1962), V o l . X I , c h . XX I I I .  See  12. M a c D o n a g h , O.O.G.M., " T h e N i n e t e e n t h - C e n t u r y R e v o l u t i o n i n Government: A R e a p p r a i s a l , " H i s t o r i c a l J o u r n a l , I , ( 1958), 52f. 13.  Dicey,  op. c i t . ,  chapter  on Benthamism.  14. Crane B r i n t o n , E n g l i s h P o l i t i c a l Thought i n t h e N i n e t e e n t h C e n t u r y , (New Y o r k , 1962) a n d H o l d s w o r t h , Some M a k e r s o f E n g l i s h L a w . B r i n t o n a l s o c l a i m s t h a t Brougham was a d i s c i p l e o f Bentham. 15. H a l e v y , o p . c i t . , 509. I t i simportant t o note, h o w e v e r , t h a t i t was H a l e v y ' s s c h o l a r l y a n a l y s i s o f u t i l i t a r i a n i s m which f u r n i s h e d Dicey's c r i t i c s with t h e ammunition t o destroy h i st h e s i s . I t i sstrange that H a l e v y h i m s e l f was n o t more c r i t i c a l o f D i c e y ' s a r g u m e n t . 16. V a l e r i e C r o m w e l l sums up t h e m a i n p o i n t s o f t h e debate q u i t e n e a t l y i n her essay, " I n t e r p r e t a t i o n s o f N i n e t e e n t h - C e n t u r y A d m i n i s t r a t i o n : An A n a l y s i s , " V i c t o r i a n S t u d i e s , (1966), 245-55. See a l s o J e n i f e r H a r t , "Nineteenth-Century S o c i a l Reform: A Tory Interpretation o f H i s t o r y , " P a s t a n d P r e s e n t , X X I , (1965), 39-51; H e n r y P a r r i s , "The N i n e t e e n t h - C e n t u r y R e v o l u t i o n i n G o v e r n m e n t : A Reappraisal Reappraised," H i s t o r i c a l Journal, I , (1958), 21-39; D a v i d R o b e r t s , " J e r e m y B e n t h a m a n d t h e Victorian Administrative State," Victorian Studies, I I ,  3, (1959),  193-210.  157 17.  Dicey,  18.  New,  19.  Halevy,  op. c i t . ,  bp. c i t . ,  174.  395  op. c i t . ,  74.  20. H a r t ' s c r i t i c i s m o f D a v i d R o b e r t s was p a r t i c u l a r l y scathing she c l a i m e d t h a t Roberts t o t a l l y d i s c o u n t e d t h e r o l e of ideas i n h i s ' c o n s e r v a t i v e ' theory c f reform. H o w e v e r , t h i s was n o t h i n g more t h a n a c a r i c a t u r e o f R o b e r t ' s a r g u m e n t a n d H a r t ' s p o l i t i c a l a c c u s a t i o n was h a r d l y warranted. Speaking r e c e n t l y a t the U n i v e r s i t y of B r i t i s h Columbia, Roberts denied both of Hart's a c c u s a t i o n s . He did not wish t o e l i m i n a t e the r o l e of ideas, but merely t o g i v e them t h e i r p r o p e r p l a c e . Furthermore, h i s a n a l y s i s h a d n o t h i n g t o do w i t h a n y c o n s e r v a t i v e b i a s . 21. B o t h R o b e r t s a n d FfiacDonagh w e r e g u i l t y b f u s i n g vague g e n e r a l i z a t i o n s such as " a d m i n i s t r a t i v e n e c e s s i t y " , "humanitarian sentiment", and " p e c u l i a r c o n c a t e n a t i o n of circumstances". T h i s l a c k o f p r o p e r d e f i n i t i o n l e f t them wide open t o a t t a c k from P a r r i s and H a r t . 22.  Cromwell,  op. c i t . , 2 5 3 .  23. J . B . A t l a y , The V i c t o r i a n (London, 1906), 285. 24. William 25. X V I I I ,  C h a n c e l l o r s , V o l .I ,  H a l e v y , op. c i t . , 509-10. Holdsworth advance s i m i l a r Law r e f o r m s p e e c h , ( 1 8 2 8 ) , 131-2.  Hansard,  C h e s t e r New arguments. New  and  Series, Vol.  26. See a r t i c l e s on l a w i n t h e E d i n b u r g h R e v i e w , e s p e c i a l l y "A L e t t e r t o t h e H o n o u r a b l e R o b e r t P e e l , o n t h e C o u r t s o f Law i n S c o t l a n d , " F e b r u a r y , ( 1 8 2 3 ) , 226-34. 27. See " L e t t e r s t o L o r d G r e n v i l l e on t h e P r o p o s e d Reform i n the A d m i n i s t r a t i o n of C i v i l J u s t i c e i n S c o t l a n d , " B o w r i n g , o p . c i t . , V o l . V, 2 5 . A l s o , s e e H a l e v y , op. c i t . , 84, 138-40. As H a l e v y p o i n t s o u t , B e n t h a m was no l i b e r a l . He o p p o s e d t h e i d e a s o f t h e ' p h i l o s o p h e s ' i n F r a n c e a n d the r e v o l u t i o n a r i e s i n America. F o r Bentham, t h e l i b e r a l d o c t r i n e was " t h e c h i e f c a u s e o f t h a t w e a k e n i n g i n t h e power o f j u s t i c e , f r o m w h i c h a r e seen t o r e s u l t , i n E n g l a n d , so i n e f f i c a c i o u s a n a d m i n i s t r a t i o n o f l a w . " E v e n among B e n t h a m ' s more l i b e r a l d i s c i p l e s , t h e c o n c e p t o f l i b e r t y was s u b o r d i n a t e t o those of s e c u r i t y , e f f i c i e n c y , and happiness. B e n t h a m ' s i d e a l s t a t e was c l o s e r t o t h a t o f t h e G r a n d I n q u i s i t o r than the u t o p i a of l i b e r a l thinkers.  158 28. " L e t t e r s t o L o r d G r e n v i l l e . . . , " op. c i t . , 7-14, 29-47. A l s o , s e e H a l e v y , op. c i t . , 4 0 0 - 2 f o r a c l e a r a n a l y s i s of Bentham's o p i n i o n of j u r i e s . Bentham's s y s t e m o f n a t u r a l j u s t i c e had i t s b a s i s i n t h e s p e e d and e f f i c i e n c y o f t h e f a c e t o f a c e j u s t i c e m e e t e d o u t by a V father to h i s c h i l d r e n . Here, the r e s p o n s i b i l i t y of j u d g e m e n t was c e n t e r e d i n a s i n g l e i n d i v i d u a l ; t h e t r u t h c o u l d be a s c e r t a i n e d q u i c k l y by a d m i s s i o n o f a l l r e l e v a n t e v i d e n c e and t h r o u g h c r o s s e x a m i n a t i o n ; the punishment was s w i f t a n d s u r e , a l l o w i n g no e x c e s s p a i n t h r o u g h d e l a y . S u c h was B e n t h a m ' s i d e a l s y s t e m . He b e l i e v e d t h a t judicial o r g a n i z a t i o n s h o u l d a l w a y s a p p r o x i m a t e t h i s model as c l o s e l y as p o s s i b l e . 29.  Law  reform  30.  "Letters  31.  Speech,  speech,  to  Lord  op.  c i t . , 140.  G r e n v i l l e " , op.  c i t . , 17.  144-5.  32. Henry P e t e r Brougham, Works of Henry Lord Brougham, V o l . X I , "The British Constitution." In h i s e s s a y , "The Theory of B a l a n c e d Government,"•The C o n s t i t u t i o n R e c o n s i d e r e d , e d . C o n y e r s R e a d , (New Y o r k , 1938) -- S t a n l e y Pargellis t r a c e s out t h e l i n e a g e of t h i s t h e o r y and p o i n t s out that B r o u g h a m was o n e o f i t s l a s t d e f e n d e r s . 33.  Speech,  151.  34.  Speech,  156.  35.  Speech,  191.  36. See " A b s t r a c t o f t h e B i l l f o r E s t a b l i s h i n g C o u r t s of L o c a l J u r i s d i c t i o n , " Edinburgh Review, J u l y (1830), 478-495. It i s important t o p o i n t o u t , as w e l l , t h a t the i d e a o f s e t t i n g up l o c a l c o u r t s d i d n o t come f r o m Bentham. As B r o u g h a m was w e l l a w a r e , S c o t l a n d h a d f o r c e n t u r i e s a system of l o c a l c o u r t s under the S h e r i f f s of counties. See W o r k s o f H e n r y L o r d B r o u g h a m , V o l . X I , 367-8-. 37.  Speech,  179.  38.  Speech,  179.  39.  Speech,  189.  40. For a b r i e f a n a l y s i s S m i t h , A S h o r t C o m m e n t a r y on (Edinburgh, 1962), 42-6. 41.  Speech,  196.  of t h i s t h e Law  s u b j e c t , see of Scotland,  T.B.  159 42. Charles Knight, Passages of a Working L i f e , V o l . I I , (London, 1864), 71. I t may n o t be a m i s s h e r e t o n o t e t h a t t h e o r i g i n a l p u r p o s e o f S p e c i a l P l e a d i n g was t o c c m p e l l l i t i g a n t s t o s t a t e t h e i r cases f u l l y and d i s t i n c t l y . Unfortunately, by t h e t i m e K n i g h t w r o t e t h i s , t h e t h i n g had become t o t a l l y a n a c h r o n i s t i c . On S p e c i a l Pleading, s e e W i l l i a m H o l d s w o r t h , A H i s t o r y o f E n g l i s h Law, V o l . X I I I , (London, 1952), 450-63. 43. The p a r a l l e l s b e t w e e n M a n s f i e l d a n d Brougham a r e striking. Mansfield introduced the idea of 'equity' i n t o Common l a w ; B r o u g h a m w e n t f u r t h e r a n d w o u l d h a v e l i k e d t o s e e t h e d i s t i n c t i o n between them a b o l i s h e d . Goth used Roman, F r e n c h , a n d S c o t t i s h l a w a s t h e i r b a s i c r e f e r e n c e . In a d d i t i o n , t h e y b o t h h a d a d e t e r m i n e d single-mindedness in regard to the modernization o f t h e law f o r a c o m m e r c i a l and i n d u s t r i a l s o c i e t y . On M a n s f i e l d , s e e H a r d i n g , o p . c i t . , 282f. 44.  Speech,  196.  45. "A L e t t e r Edinburgh Review,  to the Honourable February, (1823).  46.  Speech,  212.  47.  Speech,  236.  48.  Speech,  236.  Robert  Peel...",  49. S p e e c h , 181. T h i s f o l l o w e d from Brougham's b e l i e f that the balance o f power i n t h e s t a t e s h o u l d be preserved. He w a n t e d t o s e e t h e l a n d e d c l a s s e s r e m a i n a s a separate and powerful interest i n society. 50. A History footnotes.  of English  Law,  V o l . XIII,  304, s s p .  51. P e t e r S t e i n , " T h e I n f l u e n c e o f Roman Law o n t h e Law o f S c o t l a n d , " The J u r i d i c i a l Review, (1963), 205245, e s p . 229-236. 52. D a v i d M. W a l k e r , T h e S c o t t i s h L e g a l S y s t e m , (Edinburgh, 1 9 6 3 ) , 3 5 - 9 ; L o r d C o o p e r , The S c o t t i s h Legal T r a d i t i o n , (Edinburgh, 1 9 6 0 ) , 17-8; T.3. S m i t h , op. c i t . , 5-167 459-461. 53. F o r e x a m p l e , B r o u g h a m c o u l d n o t s e e why a p e r s o n p r o f i t i n g from t h e use of the land of another could not be t r e a t e d a s i f h e h i m s e l f h e l d a l e g a l e s t a t e . As i t s t o o d , t h e l e g a l n i c e t i e s i n v o l v e d i n 'uses upon u s e s '  160 were r i d i c u l o u s . Brougham, r e f e r r i n g t o S c o t l a n d , a s k e d "why t h e r e s h o u l d be a n y h o r r o r o f m o u n t i n g a f e e u p o n a f e e , an i d e a so f a m i l i a r t o t h e f e o d i s t s i n t h e sister kingdom." (Speech, 226). 54. D e s p i t e h i s d i s l i k e f o r N a p o l e o n , Brougham l o o k e d u p o n t h e N a p o l e o n i c C o d e a s "a w o n d e r f u l m o n u m e n t of g e n i u s . " (Speech, 218). 55. P e r h a p s the noun u s e d most o f t e n i n t h e s p e e c h was 'principle'. T h i s must have s t r u c k any English l a w y e r s i n t h e House as s t r a n g e . They were a c c u s t o m e d t o h e a r i n g i t a r g u e d t h a t the g l o r y of E n g l i s h law l a y i n t h e f a c t t h a t i t d i d not a d h e r e t o any abstract ' p r i n c i p l e ' , b u t , r a t h e r , was t h e f r u i t o f a g e s o f experience. 56.  Speech,  242-3.  57.  Knight,  op,  58.  Bowring,  c i t . , 70.  op.  c i t . , Vol.  59., A psycho-historian r e t i n g t h i s passage.  XI,  would  37.  have a  field  day  interp-  60. See e s p e c i a l l y H e n r y B r o u g h a m , C o n t r i b u t i o n s t o the Edinburgh Review, (Glasgow, 1856), V o l . I l l , 79-149. On t h e r e l a t i o n s h i p b e t w e e n B e n t h a m ' s p r o t o g e , S i r Samuel R o m i l l y , a n d B r o u g h a m -- s e e S a m u e l R o m i l l y , Memoirs of the L i f e of S i r Samuel R o m i l l y , Vol.Ill, (Shannon, 1971), esp. 324.  out  61. As was m e n t i o n e d b e f o r e , C h e s t e r New points this q u i t e often without ever r e a l i z i n g i t s s i g n i f i c a n c e . 62.  Contributions  to  the  Edinburgh  Review,  146-7.  63. T.B. S m i t h , B r i t i s h J u s t i c e : The S c o t t i s h C o n t r i b u t i o n , ( L o n d o n , 196 1 ) , 21 , 2 0 , W. 64.  Works of  Henry  Lord  Brougham,  Vol.  XI,  368.  65. See C o n t i b u t i o n s , V o l . I l l , 8 7 - 8 . For background, G a r r a t t , o p . c i t . , 8-9; The H i s t o r y o f t h e Speculative S o c i e t y , 1764-1904, ( E d i n b u r g h , 1905); ftieikle, ScotlaTTd and the F r e n c h R e v o l u t i o n , ( G l a s g o w , 1947). 66.  Halevy,  op.  c i t . , 57-8,  54-75.  161 67. S e e B r o u g h a m ' s e s s a y on t h e W a k e f i e l d C a s e i n the Edinburgh Review, January, (1828) e n t i t l e d "Trial of Edward Gibbon W a k e f i e l d . . . , " 100-18. S i n c e Brougham was c o u n s e l i n t h e c a s e , he p r o b a b l y w r o t e t h e a r t i c l e . not, i t i s s t i l l a b s o l u t e l y c e r t a i n that the a r t i c l e r e f l e c t s B r o u g h a m ' s o p i n i o n s a n d was w r i t t e n u n d e r h i s supervision. 68 .  Ibid.,  102.  69.  Ibid.,  111.  70.  Ibid.,  1 16.  71 .  Ibid.,  105-6.  72.  Ibid.,  109.  Of  M a n s f i e l d , Brougham  If  writes:  I n f l u e n c e d by t h e g e n e r a l p r i n c i p l e , t h a t w h a t e v e r i s p l a i n l y done ' i n f r a u d e m l e g i s ' , s h a l l n o t a v a i l t h e w r o n g - d o e r , many g r e a t l a w y e r s , a n d among t h e m L o r d M a n s f i e l d , r e f u s e d to r e c o g n i z e the v a l i d i t y of those runaway m a r r i a g e s . 73. T h i s i s q u i t e e v i d e n t from the p r o c e e d i n g s of the Court of Chancery d u r i n g Brougham's C h a n c e l l o r s h i p . See The E n g l i s h R e p o r t s , V o l . X L , C h a n c e r y XX, (Edinburgh, 1904), esp. 26, 52. 74.  Atlay,  op.  cit.,  314-41.  75. I t i s always d i f f i c u l t f o r a layman to i n t e r p r e t legal proceedings. But Brougham c e r t a i n l y seems fe-ed e l i b e r a t e l y ^ r e j e c t important arguments of c o u n s e l f o r p r e c i s e l y t h e s e r e a s o n s i n a number o f c a s e s . For i n s t a n c e , i n the case of 'Armstrong v. A r m s t r o n g ' (Jan. 21, 1834), Brougham r e j e c t s a p u r e l y f o r m a l i n t e r p r e t a t i o n of t h e e v i d e n c e o n t h e g r o u n d s o f common s e n s e . Similarly, in t h e c a s e o f ' H u n t e r v. A t k i n s ' ( J a n . 30, 1834) and ' W h a r t o n v . The E a r l o f D u r h a m ' ( J u l y 2 9 , 1 8 3 4 ) , B r o u g h a m a v o i d s t e c h n i c a l a r g u m e n t s b a s e d on p r e c e d e n t i n o r d e r t o r e l y on f i r s t p r i n c i p l e s . S e e The E n g l i s h R e p o r t s , V o l . X L , C h a n c e r y XX, 1 8 - 2 7 , 4 2 - 6 1 , 1 8 0 - 5 . Another i n t e r e s t i n g case was r e c o r d e d by G r e v i l l e i n h i s f a m o u s • d i a r y . Greville t e l l s u s t h a t a man, who s h o u l d h a v e b e e n e x e c u t e d f o r f o r g e r y , owed h i s l i f e t o B r o u g h a m : v  If  Lyndhurst  had  been  Chancellor  he  would  162 most a s s u r e d l y have been h a n g e d ; not that L y n d h u r s t was p a r t i c u l a r l y s e v e r e or c r u e l , b u t h-3 w o u l d h a v e c o n c u r r e d w i t h t h e Chief J u s t i c e and have r e g a r d e d t h e c a s e s o l e l y i n a j u d i c i a l p o i n t of v i e w , whereas the m i n d o f t h e o t h e r ( B r o u g h a m ) was probably b i a s e d by some t h e o r y a b o u t t h e c r i m e o f f o r g e r y o r by some f a n c y o f h i s strange brain. S e e The G r e v i l l e D i a r y , ( L o n d o n , 1 9 2 7 ) , "310. 76. speech  B o w r i n g , op. and Bentham's  77.  Ibid.,  562.  78.  Ibid.,  607.  Vol.I,  ed.  Philip  c i t . , V o l . V, rejoinder.  549-65  Chapter  Wilson,  for  Brougham's  IV  1. I t w o u l d ba e x t r e m e l y a n a c h r o n i s t i c t o r e f e r t o anything l i k e a self-conscious class during t h i s period. A s P e t e r L a s l e t t p o i n t s o u t i n The W o r l d We H a v e L o s t , ( L o n d o n , 1 9 7 1 ) , t h e r e was a c t u a l l y o n l y o n e g r o u p i n t h i s s o c i e t y w h i c h c o n t a i n e d enough v e r t i c a l and h o r i z o n t a l l i n k s t o be e n t i t l e d t o t h e l a b e l ' c l a s s ' . Brougham, h i m s e l f , was f o n d of r e f e r r i n g t o s o c i e t y as a ' p y r a m i d ' , a t the base of which were the 'lower o r d e r s ' . Incidentally, t h i s p o i n t s h o u l d c a s t d o u b t u p o n t h o s e h i s t o r i a n s who r e g a r d B r o u g h a m p u r e l y a s a m i d d l e - c l a s s a p o l o g i s t ; he d i d not at a l l view s o c i e t y i n c l a s s terms. 2. The d i s t i n c t i o n b e t w e e n a m o r a l a n d a m a r k e t e c o n o m y w h i c h n e c e s s i t a t e d t,he i n c u l c a t i o n o f a new character i s clearly delineated in Karl Polanyi, The Great Transformation, (Soston, 1957). 3. Henry Brougham, A L e t t e r to S i r Samuel R o m i l l y IT:. P. U p o n t h e A b u s e o f C h a r i t i e s , ( L o n d o n , 1 8 1 8 ) , 6 0 . 4. In a c t u a l f a c t , the g r a n t i n g of a i d i n wages predates tha Speenhamland d e c i s i o n . See Mark N o r m a n , " A s p e c t s o f P o v e r t y a n d P o o r Law A d m i n i s t r a t i o n i n B e r k s h i r e , 1782-1834," ( U n i v e r s i t y of B e r k l e y , 1967). 5. ort  S.G. a n d E.O.A. C h e c k l a n d , o f 1834. (Middlesex, 1974),  e d i t o r s , The 48-51.  Poor  Law  163 6. M a r k B l a u g , "The M y t h o f t h e O l d P o o r Law a n d the M a k i n g o f t h e New," J o u r n a l of Economic H i s t o r y , (1963), 1 5 1 - 8 4 ; "The P o o r Law R e - e x a m i n e d , " o p . c i t . , ( 1 9 6 4 ) , 2 2 9 - 4 5 ; J a m e s H a z e l , " M a l t h u s , t h e P o o r Law, and Population i n E a r l y N i n e t e e n t h - C e n t u r y Enaland," Economic H i s t o r y Review, (1969) 430-51. 7. G e o r g e O r w e l l , The (Middlesex, 1962), 76-7.  Road  to  Wiqan  8. S i d n e y a n d B e a t r i c e Webb, E n g l i s h ment, V o l . V I I I , (London, 1963), 21-6.  Pier, Local  Govern-  9. In h i s s t u d y of v o t i n g p a t t e r n s i n the House of Commons i n t h e 1 8 4 0 ' s , W i l l i a m A y d e l o t t e f o u n d t h a t n e i t h e r the r a d i c a l nor the t o r y p a t e r n a l i s t t h e o r i e s of s o c i a l r e f o r m a r e h e l p f u l i n e x p l a i n i n g t h e way i n w h i c h members w o u l d v o t e on a n y g i v e n i s s u e . P o l i t i c a l a t t i t u d e s and a l l i g n m e n t s w e r e s o c o m p l e x a s t o make s u c h g e n e r a l i z a t i o n s superficial. I f A y d e l o t t e ' s f i n d i n g s c a n be e x t e n d e d t o c o v e r t h e e a r l i e r p e r i o d , i t w o u l d seem t h a t t h e Webb's a s s u m p t i o n i s h i g h l y d u b i o u s , t o say the l e a s t . Thus, t h e money e x p l a n a t i o n seems a more p l a u s i b l e one. See W i l l i a m A y d e l o t t e , "The Conservative and Radical I n t e r p r e t a t i o n s of E a r l y V i c t o r i a n S o c i a l L e g i s l a t i o n , " V i c t o r i a n S t u d i e s , (1967), 225-36. 10.  Webbs, op.  c i t . ,  11. J.D. Marshall, (London, 1968), 17. 12.  Blaug,  "The  26-9.  The  Myth  of  Old the  Poor  Law,  1795-1834,  Old  Poor  Law,"  173-4.  13. I n h i s r e v i e w o f P o y n t e r ' s b o o k on t h e t h e o r y of p a u p e r i s m , D a v i d R o b e r t s c l a i m s t h a t the ' f i n e l y spun t h e o r i e s o f B e n t h a m a n d M a l t h u s * h a d no r e a l i n f l u e n c e . One n e e d n o t go q u i t e t h i s f a r t o c l a i m t h a t a g o o d argument f o r the extent of t h e i r i n f l u e n c e remains to be made. Poynter himself i s extremely t e n t a t i v e i n h i s e s t i m a t e of t h e i r i n f l u e n c e . on  a  14. Poor  J.R. P o y n t e r , S o c i e t y and P a u p e r i s m : R e l i e f , 1795-1834, ^London, 1969).  15. E d g a r S. F u r n i s s , The System of N a t i o n a l i s m , (New  P o s i t i o n of the York, 1965).  English  Ideas  Labourer  in  16. A.W. Coats, "Changing A t t i t u d e s to Labour i n the M i d - E i g h t e e n t h C e n t u r y , " The E c o n o m i c H i s t o r y R e v i e w , 2nd S e r i e s , X I , 1, ( 1 9 5 8 ) , 3 5 - 5 1 .  164 17. By t h i s I do n o t mean t o s a y t h a t t h e r e was a c l e a r d i v i s i o n b e t w e e n t h o s e who h e l d one v i e w a n d those who h e l d the o t h e r . Many t h i n k e r s w e r e n o t a w a r e o f t h e i n c o n s i s t e n c y b e t w e e n t h e two p o s i t i o n s ; o t h e r s s e e m e d t o f e e l t h e t e n s i o n b u t n o t t o know e x a c t l y w h a t t o do a b o u t it. F o r e x a m p l e , Townsend has been d e p i c t e d as a man who b e l i e v e d t h a t t h e p o o r m u s t be k e p t p o o r i f t h e c o u n t r y was t o m a i n t a i n a b a l a n c e d e c o n o m y . Y e t , e v e n he was a w a r e o f t h e b e n e f i t s o f ' l u x u r y ' i n s t i m u l a t i n g t h e lower orders to i n d u s t r y . See J o s e p h T o w n s e n d , A D i s s e r t a t i o n on t h e P o o r L a w s , ( B e r k e l y , 1 9 7 1 ) , 337 I tend to b e l i e v e t h a t t h e t w o p o s i t i o n s w e r e c a r r i e d on i n t o t h e w r i t i n g s o f t h e wage f u n d t h e o r i s t s . It i s c e r t a i n l y t r u e t h a t many o f t h e s e t h i n k e r s a t t e m p t e d t o r e c o n c i l e l o w w a g e s w i t h i n c e n t i v e p a y m e n t s by a r g u i n g t h a t i n c e n t i v e s s h o u l d be a p p l i e d b u t o n l y v e r y g r a d u a l l y . John Barton, f o r example, claimed that the working c l a s s e s could only g r a d u a l l y a c q u i r e new n e e d s , b u t t h a t i n t i m e , t h e y w o u l d raise their status considerably. S e e O b s e r v a t i o n s on the Circumstances which i n f l u e n c e the C o n d i t i o n of the L a b o u r i n g C l a s s e s o f S o c i e t y * ^ ( M a r y l a n d , 1 9 3 4 ) , 40\ 18. A.W. Coats d i s c u s s e s the i m p o r t a n c e of the S c o t t i s h S c h o o l i n " E c o n o m i c T h o u g h t a n d P o o r Law P o l i c y i n t h e Eighteenth C e n t u r y , " E c o n o m i c H i s t o r y R e v i e w , 2nd Series, X I I I , 1, ( 1 9 6 0 ) , 3 9 - 5 1 . I t s h o u l d be n o t e d , h o w e v e r , t h a t C o a t s ' e m p h a s i s i s on G i l b e r t ' s A c t w h e r e a s m i n e i s on t h e P o o r Law A m e n d m e n t A c t . T h u s , w h i l e we are b o t h c o n c e r n e d w i t h b a s i c a l l y t h e same S c o t t i s h i d e a s , i t i s i n a very d i f f e r e n t context. 19.  A.W.  Coats,  "Changing  Attitudes  Towards  Labour..."  20. Oastler c l e a r l y evidences these views i n his l e t t e r s t o t h e Duke o f W e l l i n g t o n . These have r e c e n t l y been c o m p i l e d i n R i c h a r d O a s t l e r ; K i n g of Factory C h i l d r e n , (Mew York, 1972). 21. Some i n t e r e s t i n g w o r k on t h i s s u b j e c t i s now extant. Among t h o s e w o r t h p u r s u i n g a r e : S i d n e y P o l l a r d , The G e n e s i s o f M o d e r n M a n a g e m e n t , ( M i d d l e s e x , 1965), c h . 5; S e b a s t i a n de G r a z i a , Gf T i m e , W o r k , a n d Leisure, (New Y o r k , 1 9 6 4 ) , 181-95; E . J . Hobsbawm, I n d u s t r y and Empire, (Middlesex, 1969), ch. 4. 22. E . J . Hobsbawm g i v e s a p e r c e p t i v e a n a l y s i s o f t h i s d e v e l o p m e n t i n an e s s a y e n t i t l e d " C u s t o m , Wages, and Work-Load." H e r e , he a r g u e s t h a t B r i t i s h e m p l o y e r s d i d n o t a d o p t new m a n a g e r i a l t e c h n i q u e s u n t i l t h e y were a b s o l u t e l y f o r c e d t o do s o by t h e p r e s s u r e of intern a t i o n a l c o m p e t i t i o n a n d t h e new demands of w o r k e r s . See  165 E . J . Hobsbawm, L a b o u r i n g Men: Studies o f L a b o u r , ( L o n d o n , 1964), 344-70. 23.  in  T o w n s e n d , o p . c i t . , 50; Poynter, 120-1, 128; S i r F r e d e r i c E d e n , T h e S t a t e (Mew Y o r k , 1929), 100. 24.  Barton,  25.  Poynter,  op. op.  c i t . , c i t . ,  the  History  op. c i t . , 112, of the Poor,  38-9.  43, 87, 114, 209, 234-6, 296.  26. S c o t l a n d i n the e a r l y n i n e t e e n t h c e n t u r y and i t s p r o b l e m s w i t h t h e p o o r was the s u b j e c t of a t r a c t w r i t t e n by G e o r g e R o s s , O b s e r v a t i o n s on t h e P o o r L a w s a n d on the Management o f t h e Poor i n G r e a t Britain arising from a C o n s i d e r a t i o n of the R e t u r n s not b e f o r e Parliament, ( L o n d o n , 1805). 27. William Cobbett, (Middlesex, 1967), 352.  96,  28. 99;  Rural  P o y n t e r , o p . c i t . , 285, W e b b s , o p . c i t . , 87.  Rides,  290;  Eden,  op.  cit. ,  29. A l t h o u g h B r o u g h a m was not a f o u n d i n g member o f t h e q u a r t e r l y j o u r n a l , he q u i c k l y b e c a m e t h e p u b l i c a t i o n ' s most f r e q u e n t c o n t r i b u t o r and d o m i n a t i n g f o r c e . In f a c t , h i s i n f l u e n c e was s o s t r o n g t h a t he h a d m o r e e f f e c t i v e c o n t r o l ' t h a n even J e f f r e y h i m s e l f . However, t h e r e was a r e m a r k a b l e d e g r e e o f u n a n i m i t y among t h e o r i g i n a t o r s o f t h e p r o j e c t on m o s t i s s u e s . This i s hardly s u r p r i s i n g s i n c e J e f f r e y , S m i t h , H o r n e r , and Brougham had a l l s t u d i e d under Dugald Stewart. T h u s , t h e y s h a r e d t h e same v i e w s on t h e n a t u r e o f s o c i e t y a n d t h e i m p o r t a n c e o f political economy. F u r t h e r m o r e , t h e y w e r e a l l members o f the E d i n b u r g h ' l i t e r a t i ' and had b e l o n g e d t o t h e Speculative Society. For an e x c e l l e n t a c c o u n t of t h e i r b a c k g r o u n d and v i e w s , s e e J o h n C l i v e , S c o t c h R e v i e w e r s ; The 'Edinburgh R e v i e w ' , 1802-1825, ( L o n d o n , m c m l v i i ) , c h . 2, 5, 7.  30. I b i d . , 130-6. C l i v e d r a w s some i n t e r e s t i n g c o n c l u s i o n s on t h e i n f l u e n c e o f t h e p e r i o d i c a l i n disseminating t h e p r i n c i p l e s o f c l a s s i c a l e c o n o m y by l o o k i n g a t i t s c i r c u l a t i o n and a t t e m p t i n g to define i t s readership. On t h e r o l e o f t h e E d i n b u r g h R e v i e w i n i n f l u e n c i n g c o n t e m p o r a r y o p i n i o n on t h e P o o r Law, see P o y n t e r , o p . c i t . , 165-73, 275.  166 31. I t i s n o t p o s s i b l e i n e v e r y c a s e t o be c e r t a i n who w r o t e w h a t i n t h e p e r i o d i c a l . A well-researched source f o r some a r t i c l e s i s F.Ji, F e t t e r , "Economic A r t i c l e s i n the ' E d i n b u r g h Review'," J o u r n a l of P o l i t i c a l Economy, L X I , (1953), 232-59. 32.  Edinburgh  Review,  March,  (1817),  33.  Edinburgh  Review,  February,  40-1.  1813,  208.  34. T h i s p r i d e , i t i s i m p o r t a n t t o n o t e , was usually coupled with fear. A s o n e r e v i e w e r p o i n t e d o u t , many S c o t t i s h p a r i s h e s were b e g i n n i n g t o adopt elements of the E n g l i s h system i n the e a r l y n i n e t e e n t h c e n t u r y . See Edinburgh Review, October, (1824), 228f.  of  35.  Edinburgh  36.  Ibid.,  Review,  June,  (1816),  255f.  276-7.  37. T h o m a s R o b e r t M a l t h u s , An E s s a y on t h e P r i n c i p l e P o p u l a t i o n , ed. Anthony Flew^ ( M i d d l e s e x , 1970), ch.5. 38.  Edinburgh  Review,  October,  (1804),  4.  39.  Edinburgh  Review,  October,  (1807),  105.  40.  Edinburgh  Review,  February,  41.  Edinburgh  Review,  March,  42.  Clive,  op.  cit.,  (1818),  265.  (1817),9.  133.  43. See E d i n b u r g h R e v i e w , O c t o b e r , ( 1 8 0 4 ) ; E d i n b u r g h Review, F e b r u a r y , ( 1 8 2 3 ) , " C o b b e t t ' s ' C o t t a g e Economy'"; a l l of the essays e n t i t l e d ' E d u c a t i o n of the Poor' are Brougham's as w e l l and a r e worth l o o k i n g a t . 44. M a l t h u s , o p . c i t . , c h . 16. Here, Malthus i s s u e w i t h Adam S m i t h ' s t h e o r y o f r i s i n g w a g e s .  takes  45. F o r some o f M a l t h u s c o n t r a d i c t i o n s s e e P o y n t e r , op. c i t . , 151-71. M a l t h u s h i m s e l f makes t h e p o i n t q u i t e c l e a r l y i n a l e t t e r w r i t t e n t o P i e r r e P r e v o s t i n 1822. See G e o r g e W i l l i a m Z i n k e , e d i t o r , " S i x L e t t e r s f r o m M a l t h u s t o P i e r r e P r e v o s t , " J o u r n a l o f E c o n o m i c H i s t o r y , 2, ( 1 9 4 2 ) , 174-89. 1  167 46. I t i s t r u e t h a t Brougham and h i s c o l l e a g u e s used Malthus i n defence of gradual r a t h e r than dramatic social reform. S e e , f o r e x a m p l e , T o r r e n s ' a r t i c l e o n " M r . Owen's Plan f o r R e l i e v i n g the National D i s t r e s s , " Edinburgh Review, October, (1819). However, t h i s r e f l e c t s t h e c o n s e r v a t i v e nature of t h e S c o t t i s h School r a t h e r than any clearly Malthusian bias. 47.  Malthus,  48.  Clive,  o p . c i t . , c h . 1 8 , 19.  op. c i t . , 150.  49. E . L . J o n e s , The D e v e l o p m e n t 1815-1873, ( L o n d o n , 1 9 6 8 ) , 10-17. 50.  Hansard, V o l . 33,  51 .  Ibid.,  52.  H a n s a r d , V o l . 34,  53.  Ibid.,  54.  H a n s a r d , V o l . 38,  55.  Ibid.,  of English A g r i c u l t u r e ,  (1816),  1086-1119.  (1816),  878-894.  (1818),  1000.  1115.  890-1.  1001.  56. Webbs, op. c i t . , 4 7 . For an e x c e l l e n t d i s c u s s i o n of t h e p o l i c i e s o f t h e Whigs, see A u s t i n M i t c h e l l ' s The W h i g s i n O p p o s i t i o n , 1815-1830, (London, 1967). B a s i c a l l y , M i t c h e l l a r g u e s t h a t any d e f i n i t i o n o f t h e Whig p a r t y i n t h e e a r l y n i n e t e e n t h c e n t u r y must n e c e s s a r i l y be a 'soft'one. I t i s b a s e d l a r g e l y on t h e d i s t i n c t i o n b e t w e e n a p a r t y t h a t h e l d t h e r e i n s o f power a n d one t h a t was a t t e m p t i n g t o s e i z e them. 57. Charles Knight. Passages V o l . I I , ( L o n d o n , 1864),- 1 9 7 . 58.  of a Working  Life,  Webbs, op. c i t . , 5 2 .  59. Brougham's r e l a t i o n s h i p w i t h H a r r i e t M a r t i n e a u h a s n o t b e e n e x a m i n e d by a n y o f h i s b i o g r a p h e r s . However, some i n f o r m a t i o n may b e o b t a i n e d f r o m M o n i c a C. Groebel, "The S o c i e t y f o r the D i f f u s i o n of U s e f u l Knowledge," ( U n i v e r s i t y C o l l e g e , 1930). F u r t h e r e v i d e n c e o f Brougham's s i g n i f i c a n c e c a n be s e e n i n t h e f a c t t h a t many o f t h e p a m p h l e t s w r i t t e n a g a i n s t t h e P o o r Law w e r e a d r e s s e d t o him. A f e w o f t h e s e a r e e n c l o s e d i n The A f t e r m a t h o f t h e ' L a s t L a b o u r e r s ' R e v o l t ' , (New Y o r k , 1 9 7 2 ) .  168 60.  Richard  O a s t l e r ; King  of  Factory  Children,  155.  61. D e r e k H u d s o n , T h o m a s B a r n e s o f 'The Times', ( C a m b r i d g e , 1943 ) , c h . ' 7; A r t h u r A s p i n a l l , L o r d B r o u g h a m and t h e Whig P a r t y , ( M a n c h e s t e r , 1 9 2 7 ) , 241^3""; Among t h o s e who b e l i e v e d t h a t B r o u g h a m was t h e m a s t e r m i n d b e h i n d the A c t were C o b b e t t and O a s t l e r , as w e l l as the popular press. E v e n L o r d J o h n C a m p b e l l , who was no f r i e n d o f Brougham's, gave him c r e d i t f o r c a r r y i n g t h e b i l l through parliament. See J o h n L o r d C a m p b e l l , Lives of L o r d L y n d h u r s t and L o r d Brougham, ( I o n d o n , 1869*J~i 439-40. 62. T h i s c a n be e a s i l y s e e n f r o m t h e d e b a t e s i n t h e House and t h e t o n e of c o n t e m p o r a r y p a m p h l e t s . For e x a m p l e , s e e The A f t e r m a t h o f t h e ' L a s t L a b o u r e r s ' R e v o l t ' . 63.  Webbs,  op.  cit. ,  64.  Hansard,  65.  Ibid.,  231.  66.  Ibid.,  233.  67.  Ibid.,  68.  P o l a n y i , op.  3rd  97-8.  Series,  244-50,  esp.  cit.,  Vol.  XXV,  211-51.  245. ch.  Chapter  7,  8.  V  1. Most o f t h i s i n f o r m a t i o n i s p r o v i d e d i n C h e s t e r New, The L i f e o f H e n r y B r o u g h a m t o 1 8 3 0 , ( O x f o r d , 1961) and Amy Margaret G i l b e r t , "The Work o f L o r d B r o u g h a m f o r Education i n England," ( U n i v e r s i t y of P e n n s y l v a n i a , 1922). 2. These d a t e s a r e somewhat a r b i t r a r i l y c h o s e n , but t h e y do s e r v e a u s e f u l p u r p o s e i n r e s t r i c t i n g o u r f o c u s . 1804 was t h e y e a r i n w h i c h L a n c a s t e r d e s c r i b e d h i s new system of education. The m o n i t o r i a l s y s t e m , a s i t came t o be c a l l e d , was t h e f i r s t a t t e m p t t?e- e f f i c i e n t l y * e d u c a t e l a r g e numbers of poor c h i l d r e n . B u t no e f f o r t s w e r e made a t t h i s t i m e t o h a v e t h e s t a t e e n f o r c e a n y standards o r t o make a t t e n d a n c e c o m p u l s o r y . With the appointment o f a C o m m i t t e e o f C o u n c i l i n 1839 t o s u p e r i n t e n d e d u c a t i o n a l f u n d s , we s e e t h e r e a l b e g i n n i n g s o f s t a t e i n t e r v e n t i o n i n a s e r i o u s way. A b o u t t h i s t i m e , Dr. James Kay-Shuttleworth r o s e t o p r o m i n e n c e as an e d u c a t i o n a l f i g u r e .  169 3. F o r e x a m p l e , s e e : G.M. T r e v e l y a n , E n g l i s h S o c i a l H i s t o r y , (London, 1942), 508; D a v i d Thomson, E n g l a n d i n the N i n e t e e n t h Century, ( M i d d l e s e x , 1960), 43; B e r t r a n d R u s s e l l , L e g i t i m a c y Versus I n d u s t r i a l i s m , (London, 1965), 1 2 1 ; J.W. H u n t , R e a c t i o n a n d R e f o r m , 1 6 1 5 - 1 8 4 1 , (London, 1972), 126. 4.  T r e v e l y a n , op. c i t . ,  5.  Russell,  6.  Francis  7. Party,  507f.  op. c i t . , 121. Hawes,  Henry  Brougham,  (London,  1957).  A r t h u r A s p i n a l l , L o r d Brougham a n d t h e Whig (Manchester, 1927), 231.  8.  G.T.  9.  Amy  Garratt, Gilbert,  Lord  Brougham,  (London,  1935), 237.  op. c i t . , 5 f .  10. M i c h a e l B. K a t z , C l a s s , B u r e a u c r a c y , a n d S c h o o l s : The I l l u s i o n o f E d u c a t i o n a l C h a n g e i n A m e r i c a ^ (New Y o r k , 1971 ) , TT". K a t z d e s c r i b e s h i s m e t h o d o l o g y i n a n e s s a y e n t i t l e d " E d u c a t i o n and S o c i a l Developments i nthe N i n e t e e n t h C e n t u r y : New D i r e c t i o n s f o r E n q u i r y , " H i s t o r y a n d E d u c a t i o n , e d . P a u l N a s h , (New Y o r k , 1 9 7 0 ) , 8 3 - 1 1 4 . 11. B r i a n Simon, S t u d i e s i n t h e H i s t o r y 1 7 8 0 - 1 8 7 0 , ( L o n d o n , 1 9 6 0 ) , 126. 12. H a r o l d P e r k i n , The O r i o i n s S o c i e t y , (London, 1969), 176-217. 13.  Simon,  14.  Ibid., 126f.  15.  I b i d . , 151.  16.  Ibid.,  17.  New, o p . c i t . ,  18.  Ibid.,  o f Modern  of Education, English  op. c i t . , 1 5 1 f .  30. 199.  199.  19. S e e E l a i n e A n n e S t o r e l l a , "0 W h a t a W o r l d o f P r o f i t a n d D e l i g h t , " ( B r a n d e i s U n i v e r s i t y , 1 9 6 9 ) , 2 1 4 , To name o n l y a few o f t h e Scotsmen i n t h e S o c i e t y , t h e r e were: L o c h , Roget, C o u l s t o n , Thompson, B e l l , P a t t i s o n , Elliotson, Quain, Horner, and Mackintosh. in  20. J . F . C . H a r r i s o n , R o b e r t Owen a n d t h e O w e n i t e s B r i t a i n and A m e r i c a , (London, 1969), 8 3 - 7 , 139-47.  170 21. See "The S c o t s m a n ' s a d v i c e t o t h e l a b o u r i n g The A f t e r m a t h o f t h e ' L a s t L a b o u r e r s ' R e v o l t ' , (New Y o r k , 1 9 7 2 ) , 7. 22. Adam S m i t h , The Works o f Adam S m i t h , ( A a l e n , 1 9 6 3 ) , V o l . I V , 192.  classes.,"  LL.D,  23. Now, t h e s e were p r e c i s e l y t h e v i r t u e s w h i c h e a r l y c a p i t a l i s m needed t o g e n e r a t e i n the lower o r d e r s . Yet, f a c e d w i t h the d i f f i c u l t y of o b t a i n i n g a d i s c i p l i n e d l a b o u r f o r c e , E n g l i s h i n d u s t r i a l i s t s d i d n o t a t once s e e the importance of e d u c a t i o n . I t i s i n t e r e s t i n g to note t h a t t h e p i o n e e r s o f f a c t o r y e d u c a t i o n and s c i e n t i f i c management were b o t h S c o t s -- Andrew Lire and R o b e r t Owen. See S i d n e y P o l l a r d , The G e n e s i s o f Modern Management, ( M i d d l e s e x , 1 9 6 5 ) , c h . 5. 24. Joseph L a n c a s t e r , Improvements i n E d u c a t i o n , as i t r e s p e c t s the I n d u s t r i o u s C l a s s e s . . . . ~ (New Y o r k , 1 8 0 4 ) . 25.  Hansard,  V o l . 38,  (1818),  592.  26. However, t h i s d i d i n v o l v e t h e p r i n c i p l e o f g o v e r n m e n t a l i n t e r f e r e n c e I n what were b e l i e v e d t o be p r i v a t e concerns. Brougham c i t e d Adam S m i t h i n d e f e n c e o f t h i s modicum o f s t a t e i n v o l v e m e n t . S t i l l , i t should be n o t e d t h a t t h e p r i n c i p l e o f g o v e r n m e n t i n t e r f e r e n c e does c o n t r a d i c t a s t r i c t l y ' l a i s s e z - f a i r e ' p o s i t i o n . See S i m o n , op. c i t . , 139.  ed.  27.  Hansard,  New  S e r i e s , V o l . 2,  28.  Hansard,  V o l . 38,  29.  Ibid.,  30.  Hansard,  31.  Edinburgh  (1818),  (1820),  65.  592.  593. New  Series,  V o l . 2,  R e v i e w , V o l . 17,  (1820), 6 1 .  (1810),  60.  32. B e r n a r d M a n d e v i l l e , The F a b l e o f t h e P h i l l i p H a r t h , ( M i d d l e s e x , 1 9 7 0 ) , 294.  Bees,  33. G e o r g e L e v i n e , e d i t o r , The Emeroence o f C o n s c i o u s n e s s , (New Y o r k , 1 9 6 7 ) , 2 2 4 - 3 9 .  Victorian  34. N o t a b l e among t h e s e were t h e s a t i r i s t s , Thomas Love Peacock and Mackworth P r a e d . One p a s s a g e f r o m Peacock's C r o t c h e t C a s t l e i s p a r t i c u l a r l y amusing:  171 "I s a y , s i r , law f o r l a w y e r s , and cookery For c o o k s : and I w i s h the l e a r n e d f r i e n d , f o r a l l h i s l i f e , a cook t h a t w i l l pass her t i m e i n s t u d y i n g h i s w o r k s , t h e n e v e r y d i n n e r he s i t s down t o a t home, he w i l l s i t o n t h e s t o o l of r e p e n t a n c e . " See C r o t c h e t C a s t l e , ed. R i c h a r d C a r n e t t , ( L o n d o n , MDCCCXCI), 32; a l s o , M u r i e l J a e g e r , B e f o r e V i c t o r i a , ( M i d d l e s e x , 1 9 6 7 ) , 99. 35. E d i n b u r g h Review, V o l . 21, ( 1 8 1 3 ) , 208. Also, f o r m u c h t h e same a r g u e m e n t , H a n s a r d , New S e r i e s , V o l . I I , ( 1 8 2 0 ) , 65. 36.  Edinburgh  Review,  op.  cit.,  209.  37. Brougham a l s o p o i n t e d out t h a t the l a b o u r i n g c l a s s e s of S c o t l a n d were a b l e t o m a i n t a i n t h e m s e l v e s on much l o w e r e a r n i n g s t h a n t h o s e o f E n g l a n d . In r e t r o s p e c t , p e r h a p s i t was a g o o d t h i n g t h a t t h e ' n e e d s * o f E n g l i s h l a b o u r e r s were g r e a t e r than t h o s e of t h e i r S c o t t i s h c o u n t e r p a r t s o r t h e y m i g h t h a v e b e e n e x p e c t e d t o make do on l e s s t h a n t h e y d i d . Oatmeal, even a t the best of t i m e s , i s a meagre f a r e . 38. E d i n b u r g h R e v i e w , V o l . 11, ( 1 8 0 7 ) . This i s a rather u s e f u l s u m m a r y o f t h e s"ystem. The b e n e f i t s o f u s i n g m o n i tors rather than teachers to i n s t r u c t c h i l d r e n i s d i s c u s s e d i n The B r i t i s h a n d F o r e i g n S c h o o l S o c i e t y ; I t s S c h o o l s a n d i t s C a p a b i l i t i e s , ( L o n d o n , 1 8 3 8 ) , 13~-4. 39. Manual of the System of Primary I n s t r u c t i o n Pursued i n t h e Model S c h o o l s of t h e B r i t i s h and F o r e i g n S c h o o l S o c i e t y , ( L o n d o n , M Q C C C X X X I ) , 8. 1 4 0 . I b i d . , 5. T h i s work, i n c i d e n t a l y , d e s c r i b e s the system i n d e t a i l and p r o v i d e s s e v e r a l i n t e r e s t i n g d i a g r a m s o f t h e s t u d e n t s p e r f o r m i n g t o v e r b a l commands. N o t h i n g c o u l d h a v e b e e n more c o n d u c i v e t o t h e t r a i n i n g o f a f a c t o r y w o r k e r o r c l e r k t h a n some o f t h e m e a n i n g l e s s and r e g i m e n t e d e x e r c i s e s w h i c h t h e s t u d e n t s had t o p e r f o r m . 41.  New,  op.  42.  Edinburgh  cit.,  367.  Review,  Vol.11,  (1807),  67.  43. See R u s s e l l , op. c i t . , 96-7; J o h n W i l l i a m Adamson, E n g l i s h E d u c a t i o n , 1789-1902, ( C a m b r i d g e , 1930), 24-5. F o r a more d e t a i l e d and c o n t e m p o r a r y a c c o u n t of the use of t h e s e t h e o r i e s i n e d u c a t i o n a l t h o u g h t , see J o s e p h P r i e s t l e y , On E d u c a t i o n , ( B a t h , MDCCLXXV I I I ) .  172 44.  Hansard,  45.  Edinburgh  46.  Ibid.,  47.  Edinburgh  New  Series,  vol.2,  66.  Review,  Vol.1 1, ( 1807),  64.  Review,  Vol.31, (1818),  156.  64.  48. To be f a i r t o S m i t h , he d i d n o t f o r s e e e d u c a t i o n becoming a t o o l f o r t h e i n c u l c a t i o n of work h a b i t s . Rather, he v i e w e d i t a s a way o f e n a b l i n g t h e f a c t o r y w o r k e r t o e x e r c i s e h i s mind, i n c o m p e n s a t i o n f o r the monotony of h i s labour. Nevertheless, the r a t i o n a l e f o r j u s t t h i s sort o f e d u c a t i o n may e a s i l y be d e d u c e d f r o m t h e f u n d a m e n t a l t h e s i s which Smith put f o r t h . 49. Eric Midwinter, (London, 1970), 27. 50.  Amy  Gilbert,  51.  New,  52.  J.F.C.  op.  Nineteenth Century Education,  op.  cit.,  cit.,  226-7.  Harrison,  op.  50.  c i t . , 45-78.  53. See J.F.C. H a r r i s o n , e d i t o r , U t o p i a n i s m and E d u c a t i o n : R o b e r t Owen a n d t h e O w e n i t e s , 1 1 - 5 . On Owen's u s e o f t h e n o t i o n o f a m o r a l s e n s e s e e pp 41-79 and 80-117. 54.  Hansard,  Vol.41, (1819),  55.  U t o p i a n i s m and  1197.  E d u c a t i o n , 59.  56. See B r o u g h a m ' s a r t i c l e on P e s t a l l o z i E d i n b u r g h Review, V o l . 47, ( 1 8 2 8 ) , 118-127.  i n the  57.  Edinburgh  Review,  Vol.38,  (1823),  447.  58.  Edinburgh  Review,  V o l .31,  (1818),  157.  59.  Edinburgh  Review,  V o l .32,  (1819),  498.  60.  Edinburgh  Review,  V o l .38,  (1823),  450.  O p i n i o n s of  Lord  61. Henry P e t e r Brougham, ( L o n d o n , 1 8 3 7 ) , 117. 62.  New,  op.  cit.,  339.  Brougham,  173 63. Richard Altick, (Chicago, 1957), 269.  The E n g l i s h  Common  Reader,  64. A l t i c k , op. c i t . , a n d Anne S t o r e l l a , o p . c i t . , on this issue. S t o r e l l a ' s basic thesis i s that t h a Mechanics' I n s t i t u t e was m e a n t t o s e r v e t h e l a b o u r a r i s t o c r a c y . We d o not t h i n k t h a t t h i s t h e s i s i s t e n a b l e , c o n s i d e r i n g t h e disappointment t h a t Brougham a n d h i s f r i e n d s expressed when o n l y a l a b o u r a r i s t o c r a c y was a t t e n d i n g t h e I n s t i t u t e s ' lectures. 65. Brougham a c k n o w l e d g e d t h e S o c i e t y ' s f a i l u r e i n a n a r t i c l e i n the Edinburgh R e v i e w i n 1B29. It i s also i n t e r e s t i n g t o n o t e t h a t h i s a p p r o a c h t o w o r k i n g mens' c l u b s a l s o changed a f t e r t h i s p e r i o d . I n i t i a l l y , Brougham had a r g u e d t h a t w o r k e r s ' c l u b s s h o u l d be p l a c e s f o r i n t e l l e c t u a l s t i m u l a t i o n r a t h e r t h a n amusement o r r e c r e a t i o n . H o w e v e r , h e s o o n c h a n g e d h i s t u n e when t h i s a p p r o a c h p r o v e d t o be u n f r u i t f u l . S e e R i c h a r d N. P r i c e , " T h e W o r k i n g Men's C l u b M o v e m e n t a n d V i c t o r i a n S o c i a l R e f o r m I d e o l o g y , " V i c t o r i a n S t u d i e s , XV, 2, (1971), 117-47. 66. Popular  his  12,  Henry P e t e r Brougham, P r a c t i c a l Education, (Boston, 1826), 8~.  Observations  on  67. Brougham r e f e r s t o t h e S c o t t i s h p r e c e d e n t s for educational proposals i n Practical Observations, 10,  22.  68. A. T y r r e l l , " P o l i t i c a l E c o n o m y , W h i g g i s m , a n d the Education o f Working-class Adults i n Scotland, 18171840," S c o t t i s h H i s t o r i c a l R e v i e w , 48, (1969), 150165, e s p . 152. 69.  Ibid.,  158.  70.  Amy  71•  Practical  Gilbert,  op. c i t . ,  Observations,  72-3. 9.  72. F o r example, s e e : R i c h a r d A l t i c k , The E n g l i s h Common R e a d e r ; B r i a n S i m o n , S t u d i e s i n t h e H i s t o r y o f E d u c a t i o n ; H a r o l d P e r k i n , The O r i g i n s o f Modern E n g l i s h Society"7~J . F . C . H a r r i s o n , L e a r n i n g a n d L i v i n g , 1790T91T0, ( T o r o n t o , 1961 ), 74-89. 73. E.P. Thompson, "Time, W o r k - D i s c i p l i n e , a n d I n d u s t r i a l C a p i t a l i s m , " P a s t a n d P r e s e n t , 38, (1967),  56-97.  174 74. C h a r l e s K n i g h t , The R i g h t s o f I n d u s t r y , ( L o n d o n , 1831), 40. T h i s w o r k w a s w r i t t e n by C h a r l e s K n i g h t . But s i n c e Brougham and K n i g h t had a v e r y c l o s e w o r k i n g relationship, i t i s p r o b a b l e t h a t Brougham had a hand i n it. The p u r p o s e o f t h i s book was t o j u s t i f y t h e d o c t r i n e s o f Adam S m i t h t o w o r k i n g m e n a n d t o s h o w t h a t t h e l a b o u r e c o n o m i s t s were i n c o r r e c t . B r o u g h a m c o n s i d e r e d i t t o be one o f t h e most i m p o r t a n t t r a c t s o f t h e S o c i e t y . See Charles Knight, Passages of a Working L i f e , Vol.II, ( L o n d o n , 1 8 6 4 ) , 1 6 8 - 9 , 3 1 0 . Amy G i l b e r t , o p . c i t . m i s t a k e n l y a t t r i b u t e s t h i s work s o l e l y t o Brougham. 75.  The R i g h t s  o f I n d u s t r y , 118.  76.  Ibid., 112f.  77. Henry P e t e r Brougham, A D i s c o u r s e o f t h e O b j e c t s , A d v a n t a g e s , and P l e a s u r e s o f S c i e n c e , (London, MDCCCXXVI11), 78.  Ibid.,  156.  79.  Ibid.,  163-83.  80.  Ibid.,  176-7.  81.  Ibid.,  156.  The P e n n y M a g a z i n e o f t h e S o c i e t y f o r t h e D i f f u s i o n 82. 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