Page:Challenge of Facts and Other Essays.djvu/63

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44
THE CHALLENGE OF FACTS

sooner or later to attack the family. For, if bequest should be abolished, parents would give their property to their children in their own life-time; and so it becomes a logical necessity to substitute some sort of communistic or socialistic life for family life, and to educate children in masses without the tie of parentage. Every socialistic theory which has been pursued energetically has led out to this consequence. I will not follow up this topic, but it is plain to see that the only equality which could be reached on this course would be that men should be all equal to each other when they were all equal to swine.

Socialists are filled with the enthusiasm of equality. Every scheme of theirs for securing equality has destroyed liberty. The student of political philosophy has the antagonism of equality and liberty constantly forced upon him. Equality of possession or of rights and equality before the law are diametrically opposed to each other. The object of equality before the law is to make the state entirely neutral. The state, under that theory, takes no cognizance of persons. It surrounds all, without distinctions, with the same conditions and guarantees. If it educates one, it educates all — black, white, red, or yellow; Jew or Gentile; native or alien. If it taxes one, it taxes all, by the same system and under the same conditions. If it exempts one from police regulations in home, church, and occupation, it exempts all. From this statement it is at once evident that pure equality before the law is impossible. Some occupations must be subjected to police regulation. Not all can be made subject to militia duty even for the same limited period. The exceptions and special cases furnish the chance for abuse. Equality before the law, however, is one of the