PUNISHMENT, LAW, AND PROPERTY IM THE POLITICAL PHILOSOPHY OF WILLIAM GODWIN

Abstract

The purpose of this study is to elucidate three aspects of Godwin's political thought against the background of his general philosophical position. The three aspects — punishment, law, and property — have been selected because of their continuing significance to contemporary discussions in political theory. These three aspects are all related and associated with political government; indeed, they represent the triumvirate of political power in modern society. Godwin's philosophical anarchism, which is based upon the ideal of bringing an egalitarian morality to bear upon political affairs, is a challenge to institutionalized political power. To Godwin, devotion to morality in the sense of genuinely disinterested behaviour was the sufficient condition for a just social order. The quest for justice or perfect society is not new. Godwin's quest, however, arising when the flames of the French Revolution had kindled in the minds of both its opponents and defenders a flurry of arguments, is, in its tone and pres entation, unique. The society which he proposes, based upon the individ ual's disposition to act according to what is just and proper (assuming that what is just and proper can be ascertained in every case), involves serious implications for the traditional concepts of punishment, law, and property. If devotion to morality is the only criterion for action, then the State, which is not an individual and which acts according to tradi tional rules and practices, is exposed to a fundamental criticism, and punishment, law, and property may then be recorded as purely incidental to the execution of political justice. Further, for Godwin it is not enough, in his search for justice, to ask whether a particular law, punishment, or property right, is just, but whether law, punish ment, and property are proper instruments for determining the relations between men in society. His posing of this latter question indicates that he presupposes a different set of criteria for ascertaining justice. Godwin’s political thought is widely dispersed throughout many of his writings, including essays and novels, but the most complete ex pression of his political philosophy is contained in the Enquiry Concern ing Political Justice and Its Influence on General Virtue and Happiness, referred to in the following pages as either the Enquiry or Political Justice, The first publication of Politica l .Jugtige appeared in 1795 but Godwin revised it twice, publishing the second edition in 1796 and the third in 179S. The text cited in this study is F. E. L. Priestley’s edition of 19^6. This is a photographic facsimile of the third edition, but it also records Godwin’s revisions in such a way that the passages of the first two editions can be reconstructed for comparison. For pur poses of this study, the writer accepts the opinion of F. E. L. Priestley that the changes made in the later editions are of relatively minor importance•