This is Gibbon, quoted in Patrick O’Brian’s The Reverse of the Medal by the character Dr Stephen Maturin, who then speaks:
‘”It is dangerous to entrust the conduct of nations to men who have learned from their profession to consider reason as the instrument of dispute, and to interpret the laws according to the dictates of private interest; and the mischief has been felt, even in countries where the practice of the bar may deserve to be considered as a liberal occupation.”
‘He thought—and he was a very intelligent man, of prodigious reading—that the fall of the Empire was caused at least in part by the prevalence of lawyers. Men who are accustomed over a long series of years to supposing that whatever can somehow be squared with the law is right—or it not right then allowable—are not useful members of society; and when they reach positions of power in the state they are noxious. They are people for whom ethics can be summed up by the collected statues.’
Gibbon would have agreed that “lawyers” include regulators and modern-day bureaucrats (many of whom are trained lawyers). The Authoritarian (these days read: progressive, leftist) believes that the law and morality are one, an ancient and diseased fallacy as ineradicable and as harmful as rats. This is why she seeks to enlarge the law to encompass all manner of activity, and of thought. Their well known slogan is “Whatever is not mandatory is forbidden!”
Help me. What group is it that constantly, loudly, nervously, and boorishly insists, at every opportunity, of their collective rationality and reason?
Skip it. Nobody needs another lesson on the left’s zeal for shackling, but what is less known is how progressive policy drives excesses on the right. Men who understand that the law is everything, and who know no other morals, will push that law to its extreme. This causes a natural reaction and encourages a greater tightening of the bonds. The process is iterative and ends only when the knots become so burdensome that life is strangled.
The law does not forbid a man from maximizing short-term profit by firing large swaths of employees who only yesterday he called “family.” It is natural to pity the dispossessed and to despise the (family) man, but the inclination to force the State (with the help of lawyers) to punish the man causes more harm than good.
The man is punished, but he feels aggrieved more than shamed, and thus seeks (with the help of lawyers) to further test the limits of the law, which causes more excess. And so on.
Through it all the State is seen as Arbiter, the Supreme Entity. This belief is encouraged by both sides. But people forget the State is made of people, especially those people who falsely believe in the equality of law and morality. Like lawyers.
Solution? A fundamental change in how we view the world. How do we bring it about? Don’t know. Blog posts? Your ideas?