Democracy anb Religion.

37

protection of his property. America went furtherthan England in freeing the land from the restric-tions of primogeniture. Its basis became the freefarmer on his free patch of ground. In anotherrespect also America went beyond England , whereParliament remained in principle paramount.For America was the first country in which therights and liberties of the citizens were specificallystated, and protected by the Law Courts evenagainst the State. How often laws have beendeclared by the Courts to be invalid becauseunconstitutional I 1 The freedom of the citizen,according to this conception, is superior to theState, the compulsive power of which is funda-mentally limited. This interpretation of law wassuited to develop all the capacities of the individual.It was the foundation upon which Capitalism erected its citadel in America.

But this conception of liberty has deeplychanged with the evolution of capitalism. Inmany cases the liberty of the strong destroyedthat of the weak. The great mass of the wealthbecame a " social product," which the capitalistsappropriated as private property. Consequentlya change in the interpretation of law began to setin, though slowly enough. To-day in Europe as inAmerica a " strong government " is desired, inorder to make the liberty of the citizen a reality.Compulsion seems in many cases necessary for thepurposes of freedom.

This conception applies most of all to private

1 Roscoe Pound : The Spirit of the Common Law. Boston ,1921, p. 102.