Morality and Law. Equality.


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The idea that all men, as men, have something in common, and that to that extent they are equal, is of course primeval. But the modern demand for equality is something entirely different from that; this consists rather in deducing from that common quality of being human, from that equality of men as men, a claim to equal political and social status for all human beings, or at least for all citizens of a state or all members of a society. Before that original conception of relative equality could lead to the conclusion that men should have equal rights in the state and in society, before that conclusion could even appear to be something natural and self-evident, thousands of years had to pass and did pass.

In the most ancient, primitive communities, equality of rights could apply at most to members of the community; women, slaves and foreigners were excluded from this equality as a matter of course. Among the Greeks and Romans the inequalities of men were of much greater importance than their equality in any respect. It would necessarily have seemed insanity to the ancients that Greeks and barbarians, freemen and slaves, citizens and peregrines, Roman citizens and Roman subjects (to use a comprehensive term) should have a claim to equal political status. Under the Roman Empire all these distinctions gradually disappeared, except the distinction between freemen and slaves, and in this way there arose, for the freemen at least, that equality as between private individuals on the basis of which Roman law developed — the completest elaboration of law based on private property which we know. But so long as the antithesis between freemen and slaves existed, there could be no talk of drawing legal conclusions from general equality of men; we saw this even recently, in the slave-owning states of the North American Union.

Christianity knew only one point in which all men were equal: that all were equally born in original sin — which corresponded perfectly to its character as the religion of the slaves and the oppressed. Apart from this it recognised, at most, the equality of the elect, which however was only stressed at the very beginning. The traces of common ownership which are also found in the early stages of the new religion can be ascribed to solidarity among the proscribed rather than to real equalitarian ideas. Within a very short time the establishment of the distinction between priests and laymen put an end even to this incipient Christian equality. The overrunning of Western Europe by the Germans abolished for centuries all ideas of equality, through the gradual building up of such a complicated social and political hierarchy as had never existed before. But at the same time the invasion drew Western and Central Europe into the course of historical development, created for the first time a compact cultural area, and within this area also for the first time a system of predominantly national states exerting mutual influence on each other and mutually holding each other in check. Thereby it prepared the ground on which alone the question of the equal status of men, of the rights of man, could at a later period be raised.

The feudal Middle Ages also developed in their womb the class which was destined, in the course of its further development, to become the standard-bearer of the modern demand for equality: the bourgeoisie. Originally itself a feudal estate, the bourgeoisie developed the predominantly handicraft industry and the exchange of products within feudal society to a relatively high level, when at the end of the fifteenth century the great maritime discoveries opened to it a new career of wider scope. Trade beyond the confines of Europe, which had previously been carried on only between Italy and the Levant, was now extended to America and India, and soon surpassed in importance both the mutual exchange between the various European countries and the internal trade within each individual country. American gold and silver flooded Europe and forced its way like a disintegrating element into every fissure, rent and pore of feudal society. Handicraft industry could no longer satisfy the rising demand, in the leading industries of the most advanced countries it was replaced by manufacture.

But this mighty revolution in the conditions of the economic life of society was, however, not followed by any immediate corresponding change in its political structure. The political order remained feudal, while society became more and more bourgeois. Trade on a large scale, that is to say, particularly international and, even more so, world trade, requires free owners of commodities who are unrestricted in their movements and as such enjoy equal rights; who may exchange their commodities on the basis of laws that are equal for them all, at least in each particular place. The transition from handicraft to manufacture presupposes the existence of a number of free workers — free on the one hand from the fetters of the guild and on the other from the means whereby they could themselves utilise their labour-power — workers who can contract with the manufacturer for the hire of their labour-power, and hence, as parties to the contract, have rights equal to his. And finally the equality and equal status of all human labour, because and in so far as it is human labour, found its unconscious but clearest expression in the law of value of modern bourgeois political economy, according to which the value of a commodity is measured by the socially necessary labour embodied in it. (This derivation of the modern ideas of equality from the economic conditions of bourgeois society was first demonstrated by Marx in Capital. [Noted by Engels])

However, where economic relations required freedom and equality of rights, the political system opposed them at every step with guild restrictions and special privileges. Local privileges, differential duties, exceptional laws of all kinds affected in trade not only foreigners and people living in the colonies, but often enough also whole categories of the nationals of the country concerned; everywhere and ever anew the privileges of the guilds barred the development of manufacture. Nowhere was the road clear and the chances equal for the bourgeois competitors — and yet that this be so was the prime and ever more pressing demand.

The demand for liberation from feudal fetters and the establishment of equality of rights by the abolition of feudal inequalities was bound soon to assume wider dimensions, once the economic advance of society had placed it on the order of the day. If it was raised in the interests of industry and trade, it was also necessary to demand the same equality of rights for the great mass of the peasantry who, in every degree of bondage, from total serfdom onwards, were compelled to give the greater part of their labour-time to their gracious feudal lord without compensation and in addition to render innumerable other dues to him and to the state. On the other hand, it was inevitable that a demand should also be made for the abolition of the feudal privileges, of the freedom from taxation of the nobility, of the political privileges of the separate estates. And as people were no longer living in a world empire such as the Roman Empire had been, but in a system of independent states dealing with each other on an equal footing and at approximately the same level of bourgeois development, it was a matter of course that the demand for equality should assume a general character reaching out beyond the individual state, that freedom and equality should be proclaimed human rights. And it is significant of the specifically bourgeois character of these human rights that the American constitution, the first to recognise the rights of man, in the same breath confirms the slavery of the coloured races existing in America: class privileges are proscribed, race privileges sanctified.

As is well known, however, from the moment when the bourgeoisie emerged from feudal burgherdom, when this estate of the Middle Ages developed into a modern class, it was always and inevitably accompanied by its shadow, the proletariat. And in the same way bourgeois demands for equality were accompanied by proletarian demands for equality. From the moment when the bourgeois demand for the abolition of class privileges was put forward, alongside it appeared the proletarian demand for the abolition of the classes themselves — at first in religious form, leaning towards primitive Christianity, and later drawing support from the bourgeois equalitarian theories themselves. The proletarians took the bourgeoisie at its word: equality must not be merely apparent, must not apply merely to the sphere of the state, but must also be real, must also be extended to the social, economic sphere. And especially since the French bourgeoisie, from the great revolution on, brought civil equality to the forefront, the French proletariat has answered blow for blow with the demand for social, economic equality, and equality has become the battle-cry particularly of the French proletariat.

The demand for equality in the mouth of the proletariat has therefore a double meaning. It is either — as was the case especially at the very start, for example in the Peasant War — the spontaneous reaction against the crying social inequalities, against the contrast between rich and poor, the feudal lords and their serfs, the surfeiters and the starving; as such it is simply an expression of the revolutionary instinct, and finds its justification in that, and in that only. Or, on the other hand, this demand has arisen as a reaction against the bourgeois demand for equality, drawing more or less correct and more far-reaching demands from this bourgeois demand, and serving as an agitational means in order to stir up the workers against the capitalists with the aid of the capitalists’ own assertions; and in this case it stands or falls with bourgeois equality itself. In both cases the real content of the proletarian demand for equality is the demand for the abolition of classes. Any demand for equality which goes beyond that, of necessity passes into absurdity. We have given examples of this, and shall find enough additional ones when we come to Herr Dühring’s fantasies of the future.

The idea of equality, both in its bourgeois and in its proletarian form, is therefore itself a historical product, the creation of which required definite historical conditions that in turn themselves presuppose a long previous history. It is therefore anything but an eternal truth. And if today it is taken for granted by the general public — in one sense or another — if, as Marx says, it “already possesses the fixity of a popular prejudice”, this is not the effect of its axiomatic truth, but the effect of the general diffusion and the continued appropriateness of the ideas of the eighteenth century.

Frederick Engles
Anti-Dühring; Part I: Philosophy

Morality and Law. Equality.