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Permanent mostly high-skilled labour migra- tion from non-EU countries remains very limited, in comparative terms, at 20, in , 2, more than in OECD In light of the projected highly-skilled workers needed in specific industries, as noted above, these figures appear to be low.

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It has one of the most stable political systems in the world. Immigration has al- ways had a strong role in the social and economic development of Sin- gapore Hui ; indeed, it is at the heart of the modernisation agenda launched nearly fifty years ago that contributed to its rapid industrialisa- tion. This is reflected in the composition of its resident population i. The Employment of Foreign Manpower Act regulates the hiring of non-Singaporeans — both high- and low-skilled; it was last 5 In the EU context, we should also mention the Scientific Visa package which aims to recruit highly-qualified foreign researchers to Europe see Chou Approved Research Organisations Germany has in issue Hosting Agreements to applicants — the basis of which admissions is granted.

This instrument, however, has only recruited about 7, non-EU researchers in European Commission , with Germany being one of six member states registering more than recruited ICMPD Tilting the Talent Balance: from Europe to Asia — Germany and Singapore in Comparison amended in , with further changes anticipated. For the highly-skilled, there are two ways to enter Singapore as a primary and first-time6 appli- cant: through the Employment Pass EP system and the Entrepreneur Pass EntrePass scheme.

The Government has introduced the Foreign Worker Levy7 to regulate the ratio of foreign workers to national workers, but, for skilled migrants, it only applies to S pass holders which we exclude in our analysis see Section 4. Singapore can be said to be a country of immigration, but this issue has rarely made headlines internationally as in some EU countries such as the UK and Germany.

But this has changed very recently. In February , in an unprecedented public protest, thousands of Singapo- rean gathered to rally against immigration. This occurred even after im- migration reforms the Government introduced in Convened in re- sponse to the White Paper on Population presented in January , this largest ever public rally demonstrates native concerns about further im- migration. In addition to possible job competition, Singaporean residents 6 Singapore has a new system, introduced in , called the Personalised Employ- ment Pass PEP. Changes in the Levy scheme indicate that companies will hire less S pass holders while paying a higher fee per foreign employee.

To prevent population shrinkage and maintain economic prosperity, the Government calculates that the total population in would need to be 6. Of these, Singaporean citizens would be 3. It remains to be seen how the Government would respond to the most recent public protest, but it is clear that, as an issue, even talent migration is not immune from potentially visceral pub- lic debates in Singapore as migration in general has been debated else- where in Europe through the last decades.

In light of these developments and those to come, we present the HSII next to pre- pare for a comparative analysis of the relative openness of German and Singaporean talent migration policy. DE experimented only once with quotas with the Green Card but abando- ned the concept as the quota was not met. This indicates that DE handles sensitivity towards migration slightly differently — migration debate is far more developed in the public sphere than in SG, though changes are on the horizon Immigration important politically; citizens Regional dimension is far more important are unhappy with prospects of increased for DE — even though EU instruments immigration have not yet fully contributed to substantive increased employment Salary is an important threshold for talent migration policies Repeated changes to talent migration policy driven by conflicting concerns: desire to maintain an attractive policy and the need to satisfy citizens and stakeholders with opposing desires Source: author's own data 3.

For instance, Timmer and Wil- liamson created an index of immigration barriers in Argentina, Australia, Brazil, Canada and the US from to , based on their im- migration legislation. Ortega and Peri measured the restrictiveness of immigration laws of 14 OECD countries for asylum and non-asylum immigration. Few scholars have constructed indices for HSI policies sometimes in combination with low-skilled immigration for selected countries Lowell ; Ruhs For example, Ruhs con- structed an index distinguishing between low, medium and high-skilled workers to measure the openness of labour immigration programmes for admitting migrant workers in As with all policies, changes re- quire an update of these indices.

We created an index to compare German and Singaporean high-skilled immigration policies based on earlier work for categories and coding, see Cerna This index, we argue, captures better the relative openness of talent migration policies because most of the indices mentioned above do not differentiate between skill levels, are outdated, or exclude Singapore except for Ruhs The degree of HSI competitiveness between countries depends on how liberalised their policies are and the restrictiveness of ad- mission controls.

We selected these indicators because we consider them most relevant for a parsimonious index while able to capture the openness dimension. Admission mechanisms are designed to match labour supply with demand in high-skilled sectors. Work permit rights measure the extent of entitlements given to migrants. All policies are ranked on the same criteria. In the end, the individual points for the six categories are added and converted into an index, where the most restrictive country receives a value of The higher the overall score, the more restrictive we consider the country Cerna In the next two sections, we compare the talent migration policies of Ger- many and Singapore against these indicators using existing documents and publicly accessible information.

Comparing admission mechanisms: Germany vs. Singapore We analyse the admission mechanisms for talent migration below using the three indicators sets out by the HSII: numerical caps, labour market tests, and labour protection. In the Immigration Act revised by the Labour Migra- tion Control Act and Residence Act incorporating the EU Blue Card provisions , Article 18 a specifies that a residence permit for qualified pro- fessionals can be granted if a specific job offer is available.

This ensures that the requirement of the German economy and the situation on the labour market are taken into consideration. There is a distinction between oc- cupations where the Federal Employment Agency has to grant approval; managers, academics, research and development personnel are exempted BAMF Article 19 concerns highly-qualified persons who can receive an open-end- ed settlement permit if they meet certain conditions.

For instance, these are scientists with special technical knowledge, or teaching personnel and scientific personnel in prominent positions. Tilting the Talent Balance: from Europe to Asia — Germany and Singapore in Comparison to demonstrate that they will be well-integrated and be able to support themselves without state assistance BAMF Holders will receive a temporary residence permit, which could be turned into a permanent one after three years in a given job. The hiring of foreigners through each of the permit routes can- not result in any adverse effect for the labour market, especially regarding employment structures, regions and branches of the economy.

Put simply, there are no German or EU workers, or immigrant residing in Germany available, or can be made available, for the job concerned. Qualified professional: 3 points A permit can only be issued if a job offer is available. There is a difference between occupations where the Federal Employment Agency has to grant approval and those that are exempt including managers, journalists or in- dividuals from academia, research and development. Wages and working condi- tions need to be similar to German workers.

Highly-qualified person: 1 point Despite no salary threshold, protections exist: potential worker has to be employed on equal terms as a German employee; employee has to have university degree or comparable qualification. Filling of the vacancy with foreign applicants needs to be justifiable in terms of labour market policy and integration aspects.

Potential employers need to provide the Federal Employment Agency with information on pay, working hours and other employment conditions. Arti- cle 19 provisions about comparable working conditions, filling of the va- cancy and employer reporting apply here. Eligible applicants for P passes are those who possess tertiary degrees from reputable institutions, professional qualifications, or specialist skills and are applying for professional, executive or managerial positions.

P passes are the most coveted because, as we shall describe be- low, the corresponding rights and access to permanent residence and fam- ily reunification are generous. To ease the transition to- wards a higher salary threshold, the Government granted a one-off renew- al of up to two-years for passes expiring on or after 1 January Launched in , the Entrepreneur Pass EntrePass scheme is designed to welcome foreign entrepreneurs of at least years of age interested in starting a business in Singapore. We include the EntrePass in our analy- sis because these applicants are eligible to apply for EPs in cases where the company is more than six months old.

The pass is issued for years, and renewal is depen- dent on whether the entrepreneur has fulfilled the objectives set out in the business plan for example, create at least 2 local jobs. The entry conditions are the primary determinants for admission. As compe- tition increases for these skilled positions, we anticipate growing pressure on the Government to limit the total numbers of foreign competitors for these jobs — numerical caps being one possible policy option.

The exception being, according to a recent study Stahl 42 , applicants for positions as intra-company transferees which have to evi- dence employment of no less than one year at the company. It is implied that EP applicants must have a job offer as the application is submitted by the employer; for the EntrePass, the assumption is that the applicant will establish a company in Singapore. It identifies more than 90 occupations in six industries manufacturing, construction, healthcare, finance, information communication and digital media, tourism and retail and is used to evaluate applications for S passes.

This test gives weight to the following criteria: country of origin; potential monthly salary; occupation type; years of working experience, and types of degrees; and age. The qualification recognition process is administered by the relevant Professional Body and Accredita- tion Agency e. Academic staffs are not given special treatment and their qualifications are vetted by the relevant ministry processing their applications.

Once em- ployed, pass holders are protected by the Employment Act; the exception being those in managerial or executive positions, or professionals with tertiary education and specialised skills. Comparing work permit rights: Germany vs. Highly-qualified person: 0 points If unlimited residence permit is obtained, holder can change employers freely. Otherwise, a new work permit has to be obtained.

Blue Card: 2 points In the first two years, the holder may change employer if it is approved by the federal labour authority. After two years, the Blue Card holder may change employer without prior authorisation, and only has to notify the authorities. The work permit is valid only for a specific job and in the dis- trict in which it was issued with the possibility of a regional extension , unlimited for specialists exempted from Federal Labour Agency approval.

These restrictions are lifted after two years. Highly-qualified person and Blue Card: 0 points The spouse is allowed to work from the start, and no approval is needed. Blue Card: 0 points Holders can become permanent residents after 33 months, if they have paid for the duration of the compulsory or voluntary contribution to the German social pension fund. The duration is decreased to 21 months if holders can demonstrate a good knowledge of German.

This score must be read in light with the generous provisions distinct for the three passes to transi- tion towards permanent residence see below. Should the pass holders ap- ply for permanent residence as soon as they have fulfilled the conditions, we may consider employer portability as a time-sensitive condition. EntrePass: 2 points The EntrePass scheme is explicitly designed for qualified applicants to establish a business in Singapore and, hence, their residence is tied to the employer i. Transitioning towards permanent residence is through the Global Investor Programme GIP , which allows entrepre- neurs permanent residence before arrival.

This scoring must therefore also be read in conjunction of the more favourable provisions. P1 holders have more benefits such as applying for Long Term Visit Passes LTVPs for their parents in addition to common- law spouses, handicapped children older than 21, and stepchildren under 21 — as P2 holders are entitled. Holders of Dependent Passes valid for at least three months are allowed to seek work and start once their employ- ers have obtained a Letter of Consent from the Government.

Accreditation is needed from respective Singaporean Councils for certain employment e. This is a verifi- cation procedure rather than a formal sponsorship by the employers. Esti- mated processing time is at least six months and applications are assessed using a points system based on the following criteria: type of work pass, duration of residence in Singapore, academic qualifications, basic monthly salary, age and kinship ties in the country.

Tilting the Talent Balance: from Europe to Asia — Germany and Singapore in Comparison to invest and a requisite business plan, to fast-track towards permanent residence even prior to their arrival in the country. Tilting the talent balance: lessons for Germany We set out to measure the relative openness of talent migration policies in Germany and Singapore in terms of how potential highly-skilled mi- grants are admitted admission mechanism and rights to which they are entitled work permit rights.

These strategies have changed over time and, in the case of Singapore, are expected to continue to be adjusted in the coming months. Our starting point is the assumption that the more liberal the talent mi- gration regime the more attractive it appears to potential highly-skilled migrants.


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To compare German and Singaporean talent migration policies, we pro- vide an index of the seven entry routes: three in Germany and four in Sin- gapore. This index is based on the scores attributed to particular schemes discussed in Sections 4 and 5 see Figure 1. As mentioned before, the in- dividual scores were added and then converted into an index.

The most restrictive scheme received a score of Figure 1 suggests that the Ger- man skilled professional programme is the most restrictive out of the sev- en, which is perhaps not too surprising given that it targets skilled even though highly-skilled workers are also included in this scheme. The EU Blue Card and four Singaporean schemes follow, while the German highly- qualified person programme is ranked as the most liberal.

When we average the programme scores by country, Singapore on the whole is more open than Germany even though restrictions have been recently and are antici- pated to be introduced in Tilting the Talent Balance: from Europe to Asia — Germany and Singapore in Comparison Policy recommendation 1: German and European policymakers should consider Article 19 — for highly-qualified persons — as a model to emulate with the possibility of removing the labour market tests for an increased number of sectors or all sectors.

But long-term labour migration has been low com- pared to other countries. This tells us that open policies to attract high-skilled mi- grants do not guarantee that talent will come. It is therefore essential to go beyond admissions and work rights to consider other aspects that contrib- ute to making a country an attractive destination for talent. Here, the poli- cies the Singaporean Government adopted can offer important lessons. Most migration regimes have focussed on the reunification rights for immediate family members, often defined as married spouse and offspring under a certain age usually age of consent.

The Singaporean Government went one-step further and has instituted a programme for issuing Long Term Visit Passes to the extended families of P1 pass holders parents and their partners common-law spouses. Policy recommendation 2: noting that family unity is at the heart of migratory decisions, German policymakers should consider introducing mobility rights for extended family members such as parents, parents-in-law and the common-law spouses of highly-skilled migrants.

While the German legal definition of family is wider than the European Union Directive on the right to family reunification and thus it is theoretically possible to include more favourable provisions, this might be politically challenging. In addition to a low direct personal tax, the Government has also set up a tax deduction regime for companies hiring citizens, permanent residents, and foreigners P1, P2 pass holders from overseas.

The Overseas Talent Recruitment Scheme offers tax breaks on the recruitment and relocation costs for employees and their families spouse, children. Providing tax breaks is a strong leverage the Singapo- rean policymakers has over German ones. There are several cases in which a labour market test is no longer required, thus the role of the Federal Government decreases. This includes high-skilled immigrants with a university degree or similar.

Policy recommendation 3: German policymakers should encourage companies based in Germany to recruit overseas talent Germans living abroad and non-nationals by introduc- ing attractive incentive packages including, for example, recruitment and relocation assistance. Germany has also made strides to attracting highly-skilled migrants re- cently and these efforts should be highlighted and encouraged. For in- stance, difficulties often arise when qualifications are not recognised by the host country.

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In so doing, it improves opportunities for individuals to have their for- eign professional qualifications recognised in Germany and thus be able to practise their skills Federal Ministry of Education and Research Tilting the Talent Balance: from Europe to Asia — Germany and Singapore in Comparison 30, applications have been submitted in the first year with about 12, from the health sector.

Policy recommendation 4: German policymakers should continue to remove barriers for highly-skilled migrants residing in the country to practise their profession by expediting the recognition of qualifications process. Finally, countries wishing to attract talent are encouraged to adopt a wel- coming strategy. High-skilled migrants can find information concerning work permit routes, as well as moving, family, settling in and other related issues.

Since January , Germany has launched pilot projects in Asia meant to support high- skilled workers from India, Indonesia and Vietnam in their move to the country. Policy recommendation 5: German policymak- ers should continue to expand initiatives at key source emerging countries of talent. To conclude, the Singaporean case highlights that transparency and simplicity is key to recruiting top foreign talent and this, perhaps, is the most important lesson for Germany. Kearney : Cautious investors feed a tentative recovery. Chou, Meng-Hsuan :. Lindsay : Policies and regulations for managing skilled in- ternational migration for work.

New York: United Nations. Timmer, Ashley S. ZG Yeoh, Brenda S. Introduction The increasing global shortage and inequitable distribution of health pro- fessionals in many countries intensify the need for health workers glo- bally. In , the World Health Organization estimated that there was a shortage of more than 4. It is remarkable that these shortages were identified in 57 countries, mainly in sub-Saharan Africa and South-East Asia and that they often coexist in a country with large numbers of unemployed health professionals.

Many of the countries with critical shortages are important exporters of healthcare profession- als at the same time. On the other side, many highly developed countries due to demographic processes of ageing of their societies and insufficient training of health professionals are claiming an increasing demand on foreign healthcare professionals in their healthcare sectors. Although the existing empirical evi- dence on health externalities from health worker migration is inconclu- sive2 , some evidence claims that there is an association between emi- 1 This article does not discuss the positive consequences of health professionals out- flow, depicted in the literature as beneficial brain drain or brain gain.

Many developing countries do not only have a high vacancy rates in their health systems, but high unemployment of health specialists at the same time and their systems suffer from unequal distribution of health professionals. To recruit or to restrict? On the debatable role of bilateral labour arrangements BLA It is claimed that brain drain, meaning a development gain for nations that are already resource-rich and a development loss for the countries and population from which these health professionals migrate, is caused or facilitated by unmanaged migration Dhillon et al.

Migration of health workers is susceptible to changes in the regulatory frameworks that control the training, recruitment and deployment of health profes- sionals Stilwell et al. One of the tools to manage migration, which thus had their heyday in s and s in Western countries but is re- cently increasing in significance in the South-East Asian countries Wick- ramasekara , are bilateral labour arrangements. Although their pri- mary objective is to enable the nationals of the sending country the access to the labour market of the receiving country recruitment objective , thus enabling the receiving country to satisfy its labour market needs quickly and cheaply on the contrary to satisfying them by the long-term invest- ments in education of needed professions, and thus enabling the sending country to benefit from remittances and decreased pressure on its labour market, it is not the only role they play.

Moreover, BLAs could help prevent or re- duce irregular migration by offering alternative legal channels to migrate for employment, which, in turn, can provide a negotiation tool to secure country of origin willingness to cooperate on managing irregular migra- tion particularly on readmission of their nationals OECD - Organization for Economic Co-operation and Development b.

By provid- ing access to regular migration and the formal labour market, such ar- rangements can reduce exploitation ILO - International Labour Organiza- tion In case of health professionals this is particularly important, because even a short period of working below qualifications e. This is further elaborated in the non-binding ILO Multilateral Framework on Labour Migration from , which ex- cept from further elaborating the recruitment and employment condi- tions of migrants, recognizes the nexus of migration and development and stresses that labour migration should contribute to employment, eco- nomic growth, development and the alleviation of poverty in both origin and destination countries ILO - International Labour Organization Finally, the brain drain discussion started in s has recently resulted in recognition of the role the bilateral labour arrangements have to play in mitigating the negative consequences of migration for sending countries objective of mitigating brain drain.

They could in these terms be used to regulate the outflow — by setting the amount of recruited at the level safe for the health system of the source country, by limiting the professional scope of recruitment e. Moreover, they could further include some compensation measures for the loss of the highly skilled workers to the detriment of the sending country.

Moreover, the paragraph 5. The model agreement I includes such measures to combat brain drain as support by return and reintegration, exchange of students and visits of experts, scholarship programmes, joint venture and investments in health facilities, twinning of health facili- ties, support to initiatives to improve education and training facilities and technology transfers.

It is debatable if BLAs are in practice used to protect the labour conditions of migrants in the receiving countries and to mitigate the brain drain, ei- ther by compensating or limiting the outflow, or they are rather used for promotion or stimulation of migration. On the contrary, the receiving countries are very often re- luctant to enter into any formal arrangement due to several reasons.

They claim that migrant workers are subject to the same laws and regulations as nationals and consequently they do not need any special attention. Some labour receiving countries have also argued that since the terms of em- ployment are negotiated by the overseas workers and private employers or agencies, they do not want to get involved. This is a heavy argument as in the recent years the role of private recruitment, contrary to the state- driven process, is increasing in the international migration process. Some countries go even further and regard labour recruitment as a private sec- tor business in a market-oriented system requiring no government inter- vention.

Moreover, receiving countries are concerned that entering into a formal arrangement with one country would open the floodgates to pro- posals for similar agreements from other sending countries, which they are reluctant to entertain Go Migration of Healthcare Professionals Although the bilateral labour arrangements had its heyday in Europe in the s and s, the past two decades has seen its revival, with the OECD reporting bilateral agreements in Europe by OECD - Or- ganization for Economic Co-operation and Development Moreover, the majority of the BLAs tend to be general and to avoid binding commitments Pitt- man Most of the government-to-government arrangements have a form of memoranda of understanding MoUs , which have an unbinding legal character.

Due to the lack of clear monitoring indicators, difficulties in comparison of existing BLAs different contents and legal forms and little research in this area, it is very difficult to assess the effectiveness of BLAs in terms of satisfying its non-recruitment goals.

The objective of this paper is to study the challeng- es of BLAs effectiveness by using the example of the Philippines bilateral labour arrangements on healthcare professional migration. In particular, on the basis of five BLAs with European, Middle East and Asian countries, the paper tries to find out if BLAs could be effective in terms of recruit- ment and employment of health professionals, as well as in terms of miti- gating negative consequences of the highly skilled outflow for both send- ing country and migrants themselves.

Being one of the largest exporter of nurses worldwide, it has a his- tory of sending healthcare professionals abroad dating to s Lorenzo et al. Lorenzo et al. Both the domestic and foreign demand for nurses has generated a rapidly growing nursing edu- cation sector made up of about nursing colleges that offer the Bach- elor of Science in Nursing BSN program and graduate approximately 20, nurses annually CHED - Commission on Higher Education Although the Philippines is not a country with critical shortages of health- care professionals as defined by the WHO , paradoxically there are insufficient health workers in the Philippines to meet the needs of the population, particularly in rural and disadvantaged areas Lorenzo et al.

It is estimated that over , Filipino nurses are unemployed or underemployed. The scale of migration as well as the welfare and human rights issues con- fronting the overseas employment programme of the Philippines have increasingly put pressure on the government to take concrete steps to en- sure that overseas Filipino workers are adequately protected in their coun- tries of destination Go Ac- cording to the Republic Act No.

Although Filipino workers can be today found in about countries in the world, since the overseas employment programme began in the Philippines has concluded bilateral labour arrangements with only 22 countries. Migration of Healthcare Professionals in the recent years. Half of the countries 12 out of 22 , which signed the BLAs with the Philippines, did it in the last 10 years and another 4 had their BLAs amended in that time. Only 6 of the BLAs with Bahrain, Japan, Spain, Norway, United Kingdom and recently Germany were conclud- ed with the aim of recruitment and protection of the rights of migrants working in the healthcare sector see annex 1.

Moreover, the 6 countries which the Philippines signed the bilateral labour arrangements with are not necessary the main countries of destination of Filipino healthcare professionals. Out of these 6 countries, only UK is constantly among the top 10 destinations of Filipino nurses and Bahrain used to be on this list in see table in the annex 2. Among the top 10 destination countries of Filipino nurses in half of the countries including number one King- dom of Saudi Arabia are Gulf countries, two other are Asian countries and two — African countries.

According to the statistics of POEA, between and the outflow of nurses to the United Kingdom totalled 12,, whereas to Norway accounted for , to Spain for 2, to Bahrain for , to Japan for and to Germany for 5. Additionally, caregivers were re- cruited in that time to Japan and to Spain.

The total outflow of health professionals is not equal to the outflow with- in the bilateral labour arrangements to these countries. On the contrary, the practice shows that recruitment within BLAs is responsible only for a small part of the overall migration of Filipino nurses Japan being the exception. The BLAs are all but similar in terms of its content and legal form. Three BLAs have a form of recruitment agreements with Norway, United Kingdom and Germany and four have legally non-binding forms of memoranda of understanding with Spain, United Kingdom, Bahrain and Japan , what supports the thesis that MOUs are easier to be negotiat- ed and probably at the same time harder to be implemented.

Only one agreement — JPEPA is at the moment still in force, although heavily criticized by Filipino profes- sional organisations and trade unions. The official reasons behind lacking implementation of Norwegian and Spanish agreements were the lack of 5 The agreement with Norway was terminated 6 months after the signature, no Fili- pino nurses were recruited within this agreement. Notwithstanding, the Filipino nationality is the most numerous one among foreign non-EU nurses in Norway and accounted for in out of 5, nurses and midwives working in the Norwe- gian health sector in who were born and qualified outside Norway.

The implementation of the MoU with Bahrain, already being recog- nized as best practice in terms of ethical recruitment framework, is offi- cially pending. The process is slow, what is not surprising, taking into ac- count that this BLA includes many costly obligations of the Bahraini side i. The agreements, which were effective- ly implemented, were usually only serving the recruitment objective, thus only providing limited protection against exploitation of workers, e. The inclusion of brain drain objec- tives not only was possible to broader extent in only one BLA with Bah- rain , as already mentioned this agreement was not implemented at all.

Better late than never? The case of the United Kingdom The only two bilateral labour arrangements for healthcare profession- als, which managed to be implemented so far were agreements with UK and Japan, although the motivations behind these agreements and their outcomes were different. The main motive behind the negotiation of the agreement with the Philippines by the UK laid in the insufficient re- sources of nurses in the UK to meet the growing demand of the National Health Service NHS followed by the modernisation plans of the NHS announced after the New Labour government came into power in Plotnikova The new expansion plans required more staff for the NHS.

This demand could not have been met only by the internal labour market due to several reasons. The New Labour government announced a recruitment target of 20, extra nurses needed in the NHS in Deeming In response to these concerns the Department of Health DH introduced an ethical recruitment policy, represented by the Code of Practice and government-to-government agreements with a number of developing countries apart from the Philippines, also with India and South Africa.

The agreements enabled international recruitment to be directed to those countries where it was sustainable and away from developing countries with vulnerable healthcare systems UK Department of Health This is interesting in the context of the role of the BLAs in terms of mitigat- ing brain drain — not only the content of the BLAs, but also the choice of countries with whom the agreement is going to be signed, could be a way to limiting the brain drain risk. Moreover, it is interesting to notice that the recruitment was directed to the English speaking countries, what al- lowed the UK to benefit from lack of language problems in recruitment and employment of foreign specialists and thus limited the costs of re- cruitment on the UK side.

Moreover, recruitment from developing coun- tries was also in the best interests of the UK due to higher competences of the recruited workers in comparison to the natives. Whereas nursing education in the UK until was not on the degree level but organized as the vocational course and on-the-job training, the nursing education in the Philippines is realized on the degree level 5-year studies and on-the- job training. The United Kingdom signed two agreements with the Philippines — the recruitment agreement in and a memorandum of understanding in , the latter being not implemented.

At the same time, the recruitment to the private sector was continuing and unbound neither by the agreement nor by the Code of Practice. The UK- Philippines agreement came a year after the peak of the Filipino nurse recruitment by the private recruitment agencies. Though the in- tentions and objectives of this BLA were exceptional ethical, cheaper and more attractive means of recruitment, to meet the workforce target of NHS and to protect Filipino nurses , it was however developed and im- plemented when the demand for Filipino nurses was altogether declining and long after the NHS hospitals had started to fill their vacancies with international nurses.

The agreement with the Philippines terminated in and never renewed, the most important reasons being the satisfaction of the short-term demand, redirection of healthcare workforce policy and re- striction of immigration policy towards overseas workers in the UK in re- cent years. The official UK policy is that the immigration to the UK should be limited and that the NHS should less rely on recruiting staff overseas but rather put more effort to recruit, train and retain staff already resid- ing in the country. Since , a series of policy changes has made it much more difficult for non-EU nurses to enter the UK such as much tougher Overseas Nurses Programme, removal of main entry clinical grades from Home Office shortage occupation list, raising the language requirements, introduction of a points-based work permit system in Moreover, it is also important to mention the increased inflow of EU nurses to the UK following the EU enlargement for Central and Eastern European countries, who benefit from the free movement of people within the EU incl.

Between and , only nurses were recruited within the gov- ernment-to-government agreement, whereas the total number of Fili- pino nurses deployed in the UK accounted for 6, see fig. As some of the inflow of the Filipino nurses to the UK was done through the infor- mal channels with educational visas, as tourists, etc. Together, between and over 21 thousands of Filipino nurses were registered to practice in the UK. The limited significance of the UK BLA within the total flow of Filipino nurses could have several reasons, one of the most important being al- ready discussed the satisfied demand and policy change as well as lim- ited scope of the agreement, and bureaucracy and costs linked to its im- plementation.

As already mentioned, the agreement was only meant to be applied for recruitment to the UK public sector, whereas at the same time the UK private sector also had interest in recruiting Filipino nurses and continued to do it. Moreover, on the contrary to other channels of recruitment of Filipino healthcare workers, recruitment under BLA was associated with bureaucratic procedure and costs described in the agree- ment.

The procedure described in the agreement stipulated that the POEA would be responsible for inter alia advertising, pre-screening of the candi- dates, arranging the interviews with selected candidates, communication with candidates including support by providing necessary documenta- tion, organization of pre-departure seminar and arranging transporta- tion of successful candidates to the UK.

The interviews of the candidates were expected to be carried out by NHS employers face-to-face before their departure to the UK, so their costs of flights and accommodation to the Philippines were also applied. Finally, it is also important to mention that in the implementation of the BLA, the DH employed a response-handling company that utilized a software designed to receive electronic applica- tions, document queries and match the nurse applicant to possible NHS principles who would like to recruit Filipino nurses, as well as developed a website.

Additionally, the late timing of the agreement could also be an important factor contributing to its lack of significance. As the agreement went late after the recruitment of Filipino nurses to the UK had already been very well established the market was opened in , there were already es- tablished networks between UK-based hospitals with direct arrangements with Philippine licensed agencies and UK intermediaries who acted on be- half of UK-based hospitals and who were tied up with Philippine licensed agencies. These networks were a second, apart from the recruitment to private sector, channel of recruitment which existed independently from the signature of the UK-Philippines recruitment agreement in Apart from this, the 3-year experience of recruitment of Filipino nurses to the UK would certainly also have resulted in the establishment of informal networks, which are very important in the migration process.

Although there is no data on the number of Filipino nurses who were not actively recruited to the UK but contacted the UK employers by themselves, the discrepancy between the POEA data on the number of nurses deployed in the UK and UK NMC data on the number of overseas admissions to the Nursing Regis- ter show that many Filipino nurses were recruited by other channels than the official one. Importance of language, requirements and consultation process: the case of Japan The Philippines bilateral labour arrangement with Japan is another case of an implemented agreement concerning migration of healthcare profes- sionals.

Between and first half of , about nurses and caregivers were accepted in Japan. It is however important to notice that the number of deployed nurses in Japan within the agreement is decreasing since Another reason might be a difficulties to meet the language require- ments by already recruited Filipino nurses working in Japan. This article i.

It is further explained that Filipino nurses are required to speak fluent Japa- nese and pass Japanese national examinations to ensure they are able to provide adequate patient care in Japan. Filipino candidates applying as nurse kangoshi are required to obtain a nurse license in the Philippines, and have three or more years of experience working as a nurse. Migration of Healthcare Professionals tion is four years and be certified as caregivers in the Philippines or having graduated from a nursing school.

Clean off-white pages. Wraps have light handling wear. First Edition First Printing. DJ has rubbing. Edge-wear and chipping at headcap and the foot of the spine. Pencil marks on front jacket flap. Text is toned. First edition with the Scribner's Seal on the copyright page. Hardcover in variously coloured illustrated dust jacket. DJ is moderately rubbed. There is edgewear on the DJ. Prior owner's bookplate on front pastedown.

Text is lightly toned. First edition with the date on the title page.

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Third Edition. Hardcover with a green pictorial dust jacket. Light wear to the jacket. A nice clean copy. Illustrated with black and white photos and drawings. Inscribed to Frank Porter Graham. Hardcover bound in grey cloth. Light wear to the binding. A sound copy and clean within. The book is not signed by the author but is initialed by the author and dated April Light wear to the jacket which has a small edge tear at the top corner of the front panel. This is the 8th Printing from NOT a signed copy. Contains a few sections of color illustrations. Blue Boards Stamped In Silver.

Alfred E. No Binding. Illustrated Throughout By Maxfield Parrish. Cloth With Very Light Rubbing. See Photo. Stranahan And T. The introduction of these principles has given a new form to the study of politics as is shown for instance by so many recent financial and legislative theories , and has produced many new departments of administration, as boards of trade, finance, and national economy.

But, however generally these principles may be accepted, they still appear to me to require a more radical investigation; and this can only proceed from a view of human nature in the abstract, and of the highest ends of human existence. The true end of Man, or that which is prescribed by the eternal and immutable dictates of reason, and not suggested by vague and transient desires, is the highest and most harmonious development of his powers to a complete and consistent whole.

Freedom is the grand and indispensable condition which the possibility of such a development presupposes; but there is besides another essential,—intimately connected with freedom, it is true,—a variety of situations. Even the most free and self-reliant of men is thwarted and hindered in his development by uniformity of position. But as it is evident, on the one hand, that such a diversity is a constant result of freedom, and on the other, that there is a species of oppression which, without imposing restrictions on man himself, gives a peculiar impress of its own to surrounding circumstances; these two conditions, of freedom and variety of situation, may be regarded, in a certain sense, as one and the same.

Still, it may contribute to perspicuity to point out the distinction between them. Every human being, then, can act with but one force at the same time: or rather, our whole nature disposes us at any given time to some single form of spontaneous activity. It would therefore seem to follow from this, that man is inevitably destined to a partial cultivation, since he only enfeebles his energies by directing them to a multiplicity of objects. But we see the fallacy of such a conclusion when we reflect, that man has it in his power to avoid this one-sideness, [12] by striving to unite the separate faculties of his nature, often singly exercised; by bringing into spontaneous co-operation, at each period of his life, the gleams of activity about to expire, and those which the future alone will kindle into living effulgence; and endeavouring to increase and diversify the powers with which he works, by harmoniously combining them, instead of looking for a mere variety of objects for their separate exercise.

That which is effected, in the case of the individual, by the union of the past and future with the present, is produced in society by the mutual co-operation of its different single members; for, in all the stages of his existence, each individual can exhibit but one of those perfections only, which represent the possible features of human character. It is through such social union, therefore, as is based on the internal wants and capacities of its members, that each is enabled to participate in the rich collective resources of all the others.

The experience of all, even the rudest, nations, furnishes us an example of a union thus formative of individual character, in the union of the sexes. And, although in this case the expression, as well of the difference as of the longing for union, appears more marked and striking, it is still no less active in other kinds of association where there is actually no difference of sex; it is only more difficult to discover in these, and may perhaps be more powerful for that very reason. If we were to follow out this idea, it might perhaps conduct us to a clearer insight into the phenomena of those unions so much in vogue among the ancients, and more especially the Greeks, among whom we find them countenanced even by the legislators themselves: I mean those so frequently, but unworthily, classed under the general appellation of ordinary love, and sometimes, but always erroneously, designated as mere friendship.

The efficiency of all such unions as instruments of cultivation, [13] wholly depends on the degree in which the component members can succeed in combining their personal independence with the intimacy of the common bond; for whilst, without this intimacy, one individual cannot sufficiently possess himself, as it were, of the nature of the others, independence is no less essential, in order that the perceived be assimilated into the being of the perceiver.

This individual vigour, then, and manifold diversity, combine themselves in originality; and hence, that on which the consummate grandeur of our nature ultimately depends,—that towards which every human being must ceaselessly direct his efforts, and on which especially those who design to influence their fellow men must ever keep their eyes, is the Individuality of Power and Development. Just as this individuality springs naturally from the perfect freedom of action, and the greatest diversity in the agents, it tends immediately to produce them in turn.

Even inanimate nature, which, proceeding in accordance with unchangeable laws, advances by regular grades of progression, appears more individual to the man who has been developed in his individuality. He transports himself, as it were, into the very centre of nature; and it is true, in the highest sense, that each still perceives the beauty and rich abundance of the outer world, in the exact measure in which he is conscious of their existence in his own soul.

How much sweeter and [14] closer must this correspondence become between effect and cause,—this reaction between internal feeling and outward perception,—when man is not only passively open to external sensations and impressions, but is himself also an agent! If we attempt to confirm these principles by a closer application of them to the nature of the individual man, we find that everything which enters into the latter, reduces itself to the two elements of Form and Substance. The purest form, beneath the most delicate veil, we call Idea; the crudest substance, with the most imperfect form, we call sensuous Perception.

Form springs from the union of substance. The richer and more various the substance that is united, the more sublime is the resulting form. A child of the gods is the offspring only of immortal parents: and as the blossom swells and ripens into fruit, and from the tiny germ imbedded in its soft pulp the new stalk shoots forth, laden with newly-clustering buds; so does the Form become in turn the substance of a still more exquisite Form.

The intensity of power, moreover, increases in proportion to the greater variety and delicacy of the substance; since the internal cohesion increases with these. The substance seems as if blended in the form, and the form merged in the substance. But the force of the generation depends upon the energy of the generating forces. In the vegetable world, the [15] simple and less graceful form of the fruit seems to prefigure the more perfect bloom and symmetry of the flower which it precedes, and which it is destined gradually to unfold.

Everything conspires to the beautiful consummation of the blossom. That which first shoots forth from the little germ is not nearly so exquisite and fascinating. But destiny has not blessed the tribe of plants in this the law and process of their growth. The flower fades and dies, and the germ of the fruit reproduces the stem, as rude and unfinished as the former, to ascend slowly through the same stages of development as before. But when, in man, the blossom fades away, it is only to give place to another still more exquisitely beautiful; and the charm of the last and loveliest is only hidden from our view in the endlessly receding vistas of an inscrutable eternity.

Now, whatever man receives externally, is only as the grain of seed. It is his own active energy alone that can convert the germ of the fairest growth, into a full and precious blessing for himself. It leads to beneficial issues only when it is full of vital power and essentially individual. The highest ideal, therefore, of the co-existence of human beings, seems to me to consist in a union in which each strives to develope himself from his own inmost nature, and for his own sake. The requirements of our physical and moral being would, doubtless, bring men together into communities; and even as the conflicts of warfare are more honourable [16] than the fights of the arena, and the struggles of exasperated citizens more glorious than the hired and unsympathizing efforts of mere mercenaries, so would the exerted powers of such spontaneous agents succeed in eliciting the highest and noblest energies.

And is it not exactly this which so unspeakably captivates us in contemplating the life of Greece and Rome, and which in general captivates any age whatever in the contemplation of a remoter one? Is it not that these men had harder struggles to endure with the ruthless force of destiny, and harder struggles with their fellow men? Every later epoch,—and in what a rapid course of declension must this now proceed!

It is in this we find one of the chief causes which render the idea of the new, the uncommon, the marvellous, so much more rare,—which make affright or astonishment almost a disgrace,—and not only render the discovery of fresh and, till now, unknown expedients, far less necessary, but also all sudden, unpremeditated and urgent decisions. For, partly, the pressure of outward circumstances is less violent, while man is provided with more ample means for opposing them; partly, this resistance is no longer possible with the simple forces which nature bestows on all alike, fit for immediate application; and, in fine, partly a higher and more extended knowledge renders inventions less necessary, and the very increase of learning serves to blunt the edge of discovery.

It is, on the [17] other hand, undeniable that, whereas physical variety has so vastly declined, it has been succeeded by an infinitely richer and more satisfying intellectual and moral variety, and that our superior refinement can recognize more delicate differences and gradations, and our disciplined and susceptible character, if not so firmly consolidated as that of the ancients, can transfer them into the practical conduct of life,—differences and gradations which might have wholly escaped the notice of the sages of antiquity, or at least would have been discernible by them alone.

To the human family at large, the same has happened as to the individual: the ruder features have faded away, the finer only have remained. And in view of this sacrifice of energy from generation to generation, we might regard it as a blessed dispensation if the whole human species were as one man; or the living force of one age could be transmitted to the succeeding one, along with its books and inventions. But this is far from being the case. It is true that our refinement possesses a peculiar force of its own, perhaps even surpassing the former in strength, just in proportion to the measure of its refinement; but it is a question whether the prior development, through the more robust and vigorous stages, must not always be the antecedent transition.

Still, it is certain that the sensuous element in our nature, as it is the earliest germ, is also the most vivid expression of the spiritual. Whilst this is not the place, however, to enter on the discussion of this point, we are justified in concluding, from the other considerations we have urged, that we must at least preserve, with the most eager solicitude, all the force and individuality we may yet possess, and cherish aught that can tend in any way to promote them.

I therefore deduce, as the natural inference from what has been argued, that reason cannot desire for man any other [18] condition than that in which each individual not only enjoys the most absolute freedom of developing himself by his own energies, in his perfect individuality, but in which external nature even is left unfashioned by any human agency, but only receives the impress given to it by each individual of himself and his own free will, according to the measure of his wants and instincts, and restricted only by the limits of his powers and his rights.

From this principle it seems to me, that Reason must never yield aught save what is absolutely required to preserve it. It must therefore be the basis of every political system, and must especially constitute the starting-point of the inquiry which at present claims our attention. Keeping in view the conclusions arrived at in the last chapter, we might embody in a general formula our idea of State agency when restricted to its just limits, and define its objects as all that a government could accomplish for the common weal, without departing from the principle just established; while, from this position, we could proceed to derive the still stricter limitation, that any State interference in private affairs, not directly implying violence done to individual rights, should be absolutely condemned.

If it restricts its solicitude to the second of these objects, it aims merely at security; and I would here oppose this term security to every other possible end of State agency, and comprise these last under the general head of Positive Welfare. Further, the various means adopted by a State, as subservient to its purposes, affect in very different measure the extension of its activity. It will be evident, that it is single actions only that come under political supervision in the first of these cases; that this is extended in the second to the general conduct of life; and that, in the last instance we have supposed, it is the very character of the citizen, his views, and modes of thought, which are brought under the influence of State control.

The actual working of this restrictive agency, moreover, is clearly least considerable in the first of these cases, more so in the second, and is most effective and apparent in the last; either because, in this, it reaches the most copious sources of action, or that the very possibility of such an influence presupposes a greater multiplicity of institutions.

But however seemingly different the departments of political action to which they respectively belong, we shall scarcely find any one institution which is not more or less intimately interwoven, in its objects or its consequences, with several of these.

We have but to notice, by way of illustration, the close interdependence that exists between the promotion of welfare and the maintenance of security; and further, to remember that when any influence affecting single actions only, engenders a habit through the force of repetition, it comes ultimately to modify the character itself. Hence, in view of this interdependence of political institutions, it becomes very difficult to discover a systematic division of the whole subject before us, sufficiently correspondent to the course of our present inquiry.

But, in any case, it will be most immediately conducive to our design, to examine in the outset whether the State [21] should extend its solicitude to the positive welfare of the nation, or content itself with provisions for its security; and, confining our view of institutions to what is strictly essential either in their objects or consequences, to ascertain next, as regards both of these aims, the nature of the means that may be safely left open to the State for accomplishing them.

I am speaking here, then, of the entire efforts of the State to elevate the positive welfare of the nation; of its solicitude for the population of the country, and the subsistence of its inhabitants, whether manifested directly in such institutions as poor-laws, or indirectly, in the encouragement of agriculture, industry, and commerce; of all regulations relative to finance and currency, imports and exports, etc. For the moral welfare is not in general regarded so much for its own sake, as with reference to its bearing on security, and will therefore be more appropriately introduced in the subsequent course of the inquiry.

Now all such institutions, I maintain, are positively hurtful in their consequences, and wholly irreconcilable with a true system of polity; a system which, although conceivable only from the loftiest points of view, is yet in no way inconsistent with the limits and capacities of human nature. A spirit of governing predominates in every institution of this kind; and however wise and salutary such a spirit may be, it invariably superinduces national uniformity, and a constrained and unnatural manner of action.

Instead of men grouping themselves into communities in order to discipline and develope their powers, even though, [22] to secure these benefits, they should forego a portion of their exclusive possessions and enjoyments; it is only by the actual sacrifice of those powers that they can purchase in this case the privileges resulting from association. The very variety arising from the union of numbers of individuals is the highest good which social life can confer, and this variety is undoubtedly merged into uniformity in proportion to the measure of State interference.

Under such a system, it is not so much the individual members of a nation living united in the bonds of a civil compact; but isolated subjects living in a relation to the State, or rather to the spirit which prevails in its government,—a relation in which the undue preponderance of the State element tends already to fetter the free play of individual energies. Like causes produce like effects; and hence, in proportion as State co-operation increases in extent and efficiency, a common resemblance diffuses itself, not only through all the agents to which it is applied, but through all the results of their activity.

And this is the very design which States have in view. They desire nothing so much as comfort, ease, tranquillity; and these are most readily secured when there is little or no discordancy among that which is individual.

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It is to these alone we are to look for the free development of character in all its vigorous and multiform diversity of phase and manifestation; and, to appeal to the inner motive of the individual man, there can be no one, surely, so far sunk and degraded, as to prefer, for himself personally, comfort and enjoyment to greatness; and he who draws conclusions for such a preference in the case of others, may justly be suspected of misconceiving the essential nobleness of human nature, and of [23] agreeing to transform his fellow-creatures into mere machines.

Further, a second hurtful consequence ascribable to such a policy is, that these positive institutions tend to weaken the power and resources of the nation. For as the substance is annihilated by the form which is externally imposed upon it, so does it gain greater richness and beauty from that which is internally superinduced by its own spontaneous action; and in the case under consideration it is the form which annihilates the substance,—that which is of itself non-existent suppressing and destroying that which really is existent.

The grand characteristic of human nature is organization. Whatever is to ripen in its soil and expand into a fair maturity, must first have existed therein as the little germ. Every manifestation of power presupposes the existence of enthusiasm; and but few things sufficiently cherish enthusiasm as to represent its object as a present or future possession. Now man never regards that which he possesses as so much his own, as that which he does; and the labourer who tends a garden is perhaps in a truer sense its owner, than the listless voluptuary who enjoys its fruits. It may be, such reasoning appears too general to admit of any practical application.

Perhaps it seems even as though the extension of so many branches of science, which we owe chiefly to political institutions for the State only can attempt experiments on a scale sufficiently vast , contributed to raise the power of intellect, and collaterally, our culture and character in general. But the intellectual faculties themselves are not necessarily ennobled by every acquisition to our knowledge; and though it were granted that these means virtually effected such a result, it does not so much apply to the entire nation, as to that particular portion of it which is connected with the government.

Now, State measures always imply more or less positive control; and even where they are not chargeable with actual coercion, they accustom men to look for instruction, guidance, and assistance from without, rather than to rely upon their own expedients. The only method of instruction, perhaps, of which the State can avail itself, consists in its declaring the best course to be pursued as though it were the result of its investigations, and in enjoining this in some way on the citizen.

But, however it may accomplish this,—whether directly or indirectly by law, or by means of its authority, rewards, and other encouragements attractive to the citizen, or, lastly, by merely recommending its propositions to his attention by arguments,—it will always deviate very far from the best system of instruction. For this unquestionably consists in proposing, as it were, all possible solutions of the problem in question, so that the citizen may select, according to his own judgment, the course which seems to him to be the most appropriate; or, still better, so as to enable him to discover the happiest solution for himself, from a careful representation of all the contingent obstacles.

It will be evident, in the case of adult citizens, that the State can only adopt this negative system of instruction by extending freedom, which allows all obstacles to arise, while it developes the skill, and multiplies the opportunities necessary to encounter them; but, by following out a really national system of education, it can be brought to operate positively on the early training and culture of the young.

We will take occasion, hereafter, to enter on a close examination of the objection which might be advanced here in favour of these institutions; viz. But to continue: the evil results of a too extended solicitude on the part of the State, are still more strikingly manifested in the suppression of all active energy, and the necessary deterioration of the moral character. We scarcely need to substantiate this position by rigorous deductions. The man who frequently submits the conduct of his actions to foreign guidance and control, becomes gradually disposed to a willing sacrifice of the little spontaneity that remains to him.

He fancies himself released from an anxiety which he sees transferred to other hands, and seems to himself to do enough when he looks for their leading, and follows the course to which it directs him. Thus, his notions of right and wrong, of praise and blame, become confounded. The idea of the first inspires him no longer; and the painful consciousness of the last assails him less frequently and violently, since he can more easily ascribe his shortcomings to his peculiar position, and leave them to the responsibility of those who have shaped it for him.

If we add to this, that he may not, possibly, regard the designs of the State as perfectly pure in their objects or execution—should he find grounds to suspect that not his own advantage only, but along with it some other bye-scheme is intended, then, not only the force and energy, but the purity and excellence of his moral nature is brought to suffer.

He now conceives himself not only irresponsible for the performance of any duty which the State has not expressly imposed upon him, but exonerated at the same time from every personal effort to ameliorate his own condition; nay, even shrinks from such an effort, as if it were likely to open out new [26] opportunities, of which the State might not be slow to avail itself.

And as for the laws actually enjoined, he labours, as much as possible, to escape their operation, considering every such evasion as a positive gain. If now we reflect that, as regards a large portion of the nation, its laws and political institutions have the effect of circumscribing the grounds of morality, it cannot but appear a melancholy spectacle to see at once the most sacred duties, and mere trivial and arbitrary enactments, proclaimed from the same authoritative source, and to witness the infraction of both visited with the same measure of punishment.

Further, the injurious influence of such a positive policy is no less evident in its effects on the mutual bearing of the citizens, than in those manifestations of its pernicious working to which we have just referred. In proportion as each individual relies upon the helpful vigilance of the State, he learns to abandon to its responsibility the fate and wellbeing of his fellow-citizens.

But the inevitable tendency of such abandonment is to deaden the living force of sympathy, and to render the natural impulse to mutual assistance inactive: or, at least, the reciprocal interchange of services and benefits will be most likely to flourish in its greatest activity and beauty, where the feeling is liveliest that such assistance is the only thing to rely upon; and experience teaches us that those classes of the community which suffer under oppression, and are, as it were, overlooked by the Government, are always cemented together by the closest ties.

But wherever the citizen becomes insensible to the interests of his fellow-citizen, the husband will contract feelings of cold indifference to the wife, and the father of a family towards the members of his household. If men were left wholly to themselves in their various undertakings, and were cut off from all external resources, [27] save those which their own efforts obtained, they would still, whether through their own fault and inadvertence or not, fall frequently into embarrassment and misfortune.

But the happiness for which man is plainly destined, is no other than that which his own energies enable him to secure; and the very nature of such a self-dependent position furnishes him means whereby to discipline his intellect and cultivate his character. Are there no instances of such evils, I ask, where State agency fetters individual spontaneity by a too special interference? There are many, doubtless; and the man whom it has habituated to lean on foreign strength for support, is thus given up in critical emergencies to a fate which is truly far more hopeless and deplorable.

For, just as the very act of struggling against misfortune, and encountering it with vigorous efforts, tends to lighten the calamity; so do baffled hopes and delusive expectations aggravate and embitter its severity tenfold. In short, to view their agency in the most favourable light, States like those to which we refer too often resemble the physician, who only retards the death of his patient in nourishing his disease.

Before there were physicians, only health and death were known. Everything towards which man directs his attention, whether it is limited to the direct or indirect satisfaction of his merely physical wants, or to the accomplishment of external objects in general, presents itself in a closely interwoven relation with his internal sensations. Sometimes, moreover, there co-exists with this external purpose, some impulse proceeding more immediately from his inner being; and often, even, this last is the sole spring of his activity, the former being only implied in it, necessarily or incidentally.

The more unity a man possesses, the more freely do these external manifestations on which he decides emanate from the inner springs of his being, and the more frequent [28] and intimate is the cooperation of these two sources of motive, even when he has not freely selected these external objects. A man, therefore, whose character peculiarly interests us, although his life does not lose this charm in any circumstances or however engaged, only attains the most matured and graceful consummation of his activity, when his way of life is in harmonious keeping with his character. In view of this consideration, it seems as if all peasants and craftsmen might be elevated into artists; that is, into men who love their labour for its own sake, improve it by their own plastic genius and inventive skill, and thereby cultivate their intellect, ennoble their character, and exalt and refine their enjoyments.

And so humanity would be ennobled by the very things which now, though beautiful in themselves, so often go to degrade it. The more a man accustoms himself to dwell in the region of higher thoughts and sensations, and the more refined and vigorous his moral and intellectual powers become, the more he longs to confine himself to such external objects only as furnish ampler scope and material for his internal development; or, at least, to overcome all adverse conditions in the sphere allotted him, and transform them into more favourable phases.

How strikingly beautiful, to select an illustration, is the historical picture of the character fostered in a people by the undisturbed cultivation of the soil! The labour they bestow on the tillage of the land, and the bounteous harvest with which it repays their industry, bind them with sweet [29] fetters to their fields and firesides. Their participation in the rich blessings of toil, and the common enjoyment of the ample fruits it earns, entwine each family with bonds of love, from whose gentle influence even the steer, the partner of their fatigue, is not wholly excluded.

The seed which must be sown, the fruit which must be garnered—regularly returning, as they do, their yearly increase—instil a spirit of patience, trust, and frugality. The fact of their receiving everything immediately from the hand of benignant Nature,—the ever-deepening consciousness that, although the hand of man must first scatter the seed, it is not from human agency that the rich repletion of the harvest is derived,—the constant dependence on favourable and unfavourable skies, awaken presentiments of the existence of beings of a higher order, now instinct with dire foreboding, and now full of the liveliest joy—in the rapid alternations of fear and hope—and lead the soul to prayer and grateful praise.

The visible image of the simplest sublimity, the most perfect order, and the gentlest beneficence, mould their lives into forms of simple grandeur and tenderness, and dispose their hearts to a cheerful submission to order and law. Always accustomed to produce, never to destroy, agriculture is essentially peaceful, and, while far beyond the reach of wrong and revenge, is yet capable of the most dauntless courage when roused to resist the injustice of unprovoked attack, and repel the invaders of its calm and happy contentment.

But, still, it cannot be doubted that freedom is the indispensable condition, without which even the pursuits most happily congenial to the individual nature, can never succeed in producing such fair and salutary influences. Whatever man is inclined to, without the free exercise of his own choice, or whatever only implies instruction and guidance, does not enter into his very being, but still remains alien to his true nature, and is, indeed, effected by [30] him, not so much with human agency, as with the mere exactness of mechanical routine.

The ancients, and more especially the Greeks, were accustomed to regard every occupation as hurtful and degrading which was immediately connected with the exercise of physical power, or the pursuit of external advantages, and not exclusively confined to the development of the inner man. Hence, many of their philosophers who were most eminent for their philanthropy, approved of slavery; thereby adopting a barbarous and unjust expediency, and agreeing to sacrifice one part of mankind in order to secure to the other the highest force and beauty. But reason and experience combine to expose the error which lies at the root of such a fallacy.

There is no pursuit whatever, nothing with which a man can concern himself, that may not give to human nature some worthy and determinate form, and furnish fair means for its ennoblement. For it is the property of anything which charms us by its own intrinsic worth, to awaken love and esteem, while that which only as a means holds out hopes of ulterior advantage, merely interests us; and the motives of love and esteem tend as directly to ennoble human nature, as those of interest to lower and degrade it.

Now, in the exercise of such a positive solicitude as that we are considering, the State can only contemplate results, and establish rules whose observance will most directly conduce to their accomplishment. Never does this limited point of view conduct to such pernicious issues as in those cases where moral or intellectual ends are the object of human endeavour; or, at least, where some end is regarded for itself, and apart from the consequences which are only necessarily or incidentally implied in it. This becomes evident, for instance, in all scientific researches and religious opinions, in all kinds of human association, and in that union in particular which is the most natural, and, whether we regard the State or the individual, the most vitally important, namely, Matrimony.

Matrimony, or as it may perhaps be best defined, the union of persons of both sexes, based on the very difference of sex, may be regarded in as many different aspects as the conceptions taken of that difference, and as the inclinations of the heart, and the objects which they present to the reason, assume different forms; and such a union will manifest in every man his whole moral character, and especially the force and peculiarity of his powers of sensation.

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Whether a man is more disposed to the pursuit of external objects, or to the exercise of the inner faculties of his being; whether reason or feeling is the more active principle in his nature; whether he is led to embrace things eagerly, and quickly abandon them, or engages slowly but continues faithfully; whether he is capable of deeper intimacy, or only loosely attaches himself; whether he preserves, in the closest union, more or less self-dependence; and an infinite number of other considerations modify, in a thousand ways, his relations in married life.

Whatever form they assume, however, the effects upon his life and happiness are unmistakable; and upon the success or failure of the attempt to find or form a reality in union with the internal harmony of his nature, depends the loftier consummation or the relaxation of his being. This influence manifests itself [32] most forcibly in those men, so peculiarly interesting in their character and actions, who form their perceptions with the greatest ease and delicacy, and retain them most deeply and lastingly.

Generally speaking, the female sex may be more justly reckoned in this class than the male; and it is for this reason that the female character is most intimately dependent on the nature of the family relations in a nation. Now, how much such a being—so delicately susceptible, yet so complete in herself, and with whom therefore nothing is without effect—an effect that communicates itself not to a part only, but to the whole of her nature,—how much woman must be disturbed by external mis-relations, can scarcely be estimated. Hence the infinite [33] results to society which depend on the culture of the female character.

If it is not somewhat fanciful to suppose that each human excellence represents and accumulates itself, as it were, in some one species of being, we might believe that the whole treasure of morality and order is collected and enshrined in the female character. As the poet profoundly says,. If it were not superfluous, History would afford sufficient confirmation of the truth we would establish, and exhibit unmistakably the close and invariable connection that exists between national morality and respect for the female sex.

The manifest inference we would derive, however, from these considerations on the institution of Matrimony is this: that the effects which it produces are as various as the characters of the persons concerned, and that, as a union so closely allied with the very nature of the respective individuals, it must be attended with the most hurtful consequences when the State attempts to regulate it by law, or through the force of its institutions to make it repose on anything save simple inclination.

When we remember, moreover, that the State can only contemplate the final [34] results in such regulations—as, for instance, Population, Early Training, etc. It may reasonably be argued that a solicitude for such objects conducts to the same results as the highest solicitude for the most beautiful development of the inner man. For, after careful observation, it has been found that the uninterrupted union of one man with one woman is most conducive to population; and it is likewise undeniable that no other union springs from true, natural, harmonious love.

And further, it may be observed that such love leads to no other or different results than those very relations which law and custom tend to establish, such as the procreation of children, family training, community of living, participation in the common goods, the management of external affairs by the husband, and the care of domestic arrangements by the wife. But the radical error of such a policy appears to be, that the law commands, whereas such a relation cannot mould itself according to external arrangements, but depends wholly on inclination; and wherever coercion or guidance comes into collision with inclination, they divert it still further from the proper path.

Wherefore it appears to me that the State should not only loosen the bonds in this instance, and leave ampler freedom to the citizen, but, if I may apply the principles above stated now that I am not speaking of matrimony in general, but of one of the many injurious consequences arising from restrictive State institutions, which are in this one especially noticeable , that it should entirely withdraw its active solicitude from the institution of Matrimony, and both generally and in its particular modifications should rather leave it wholly to the free choice of the individuals, and the various contracts they may enter into with respect to it.

I should not be deterred from the adoption of this principle by the fear that all family relations [35] might be disturbed, or their manifestation in general impeded; for although such an apprehension might be justified by considerations of particular circumstances and localities, it could not be fairly entertained in an inquiry into the nature of Men and States in general. For experience frequently convinces us that just where law has imposed no fetters, morality most surely binds; the idea of external coercion is one entirely foreign to an institution which, like Matrimony, reposes only on inclination and an inward sense of duty; and the results of such coercive institutions do not at all correspond to the designs in which they originate.

The solicitude of a State for the positive welfare of its citizens, must further be hurtful, in that it has to operate upon a promiscuous mass of individualities, and therefore does harm to these by measures which cannot meet individual cases. In the moral life of man, and generally in the practical conduct of his actions in as far as they are guided by the same rules , he still endeavours to keep before his eyes the highest conception of the most individual development of himself and others, is always inspired with this design, and strictly subordinates all other considerations of interest to this pure and spiritual law that he has recognized.

But all the phases of human nature in which it admits of culture, consist together in a wonderful relation and interdependence; and while their mutual coherency is more strikingly manifest if not really more intimate in the intellectual than in the physical world, it is infinitely more remarkable in the sphere of morality.

Wherefore it follows that men are not to unite themselves together in order to forego any portion of [36] their individuality, but only to lessen the exclusiveness of their isolation; it is not the object of such a union to transform one being into another, but to open out approaches between the single natures; whatever each himself possesses, he is to compare with that which he receives by communication with others, and, while introducing modifications in his own being by the comparison, not to allow its force and peculiarity to be suppressed in the process.

For as truth is never found conflicting with truth in the domain of intellect, so too in the region of morality there is no opposition between things really worthy of human nature; and close and varied unions of individual characters are therefore necessary, in order to destroy what cannot co-exist in proximity, and does not, therefore, essentially conduce to greatness and beauty, while they cherish and foster that which continues to exist without opposition or disturbance, and render it fruitful in new and more exquisite issues.

Wherefore it appears to me that the principle of the true art of social intercourse consists in a ceaseless endeavour to grasp the innermost individuality of another, to avail oneself of it, and, penetrated with the deepest respect for it as the individuality of another, to act upon it,—a kind of action, in which that same respect will not allow us other means for this purpose than to manifest oneself, and to institute a comparison, as it were, between the two natures, before the eyes of the other.

This art has been hitherto singularly neglected, and although such neglect might borrow a plea, perhaps, from the circumstance that social intercourse should be a refreshing recreation, and not a toilsome duty, and that, unhappily enough, it is scarcely possible to discover in the common run of men an interesting phase of individuality, yet still it seems not too much to suppose that every one will have too deep a respect for himself to seek for recreation otherwise than in an agreeable [37] alternation of interesting employments, or still less to look for it in that which would leave precisely his noblest faculties inactive, and too much reverence for human nature, to pronounce any single individual utterly incapable of being turned to good account, or of being in some way modified by the influence of others.

He, at least, whose especial business it is to exercise an influence over his fellow-men, must not relinquish such a belief; and hence, inasmuch as the State, in its positive solicitude for the external and physical well-being of the citizen which are closely interwoven with his inner being , cannot avoid creating hindrances to the development of individuality, we derive another reason why such a solicitude should not be conceded to it, except in the case of the most absolute necessity. These, then, may constitute the principal hurtful consequences which flow from a positive solicitude of the State for the welfare of the citizen; and although they may be more especially implied in certain of its particular manifestations, they yet appear to me to be generally inseparable from the adoption of such a policy.

But I took occasion at the outset to mention that the subject does not admit of any accurate division; and this may serve as my excuse, if much that naturally arises from the foregoing development of the argument, applies to the entire solicitude for positive welfare in general. I have hitherto proceeded on the supposition, however, that the State institutions referred to are already established, and I have therefore still to speak of certain difficulties which present themselves in the very framing of such institutions.

It is certain, then, that nothing would be more conducive to the successful issue of our present inquiry, than to weigh the advantages intended by such institutions against the disadvantages necessarily inherent in their consequences, and especially against the limitations of freedom which these consequences imply. But it is always a matter of extreme difficulty to effect such a balancing of results, and perhaps wholly impossible to secure its perfect accuracy and completeness.

For every restrictive institution comes into collision with the free and natural development of power, and gives rise to an infinite multiplicity of new relations; and even if we suppose the most equable course of events, and set aside all serious and unlooked-for accidents, the number of these relations which it brings in its train is not to be foreseen.

Any one who has an opportunity of occupying himself with the higher departments of State administration, must certainly feel conscious from experience how few political measures have really an immediate and absolute necessity, and how many, on the contrary, have only a relative and indirect importance, and are wholly dependent on foregone measures. Now, in this way a vast increase of means is rendered necessary, and even these very means are drawn away from the attainment of the true end. Not only does such a State require larger sources of revenue, but it needs in addition an increase of artificial regulations for the maintenance of mere political security: the separate parts cohere less intimately together—the supervision of the Government requires far more vigilance and activity.

Hence comes the calculation, no less difficult, but unhappily too often neglected, whether the available resources of the State are adequate to provide the means which the maintenance of security demands; and should this calculation reveal a real misproportion, it only suggests the necessity of fresh artificial arrangements, [39] which, in the end, overstrain the elasticity of the power—an evil from which though not from this cause only many of our modern States are suffering.

We must not overlook here one particular manifestation of this generally injurious agency, since it so closely affects human development; and this is, that the very administration of political affairs becomes in time so full of complications, that it requires an incredible number of persons to devote their time to its supervision, in order that it may not fall into utter confusion. Now, by far the greater portion of these have to deal with the mere symbols and formulas of things; and thus, not only men of first-rate capacity are withdrawn from anything which gives scope or stimulus to the thinking faculties, and men who would be usefully employed in some other way are diverted from their real course of action, but their intellectual powers are brought to suffer from this partly fruitless, partly one-sided employment.

Wholly new sources of gain, moreover, are introduced and established by this necessity of despatching State affairs, and these render the servants of the State more dependent on the governing classes of the community than on the nation in general. Familiar as they have become to us in experience, we need not pause to describe the numerous evils which flow from such a dependence—what looking to the State for help, what a lack of self-reliance, what false vanity, what inaction even, and want.

The very evils from which these hurtful consequences flow, are immediately produced by them in turn. When once thus accustomed to the transaction of State affairs, men gradually lose sight of the essential object, and limit their regard to the mere form; they are thus prompted to attempt new ameliorations, perhaps true in intention, but without sufficient adaptation to the required end; and the prejudicial operation of these necessitates new forms, new complications, [40] and often new restrictions, and thereby creates new departments, which require for their efficient supervision a vast increase of functionaries.

Hence it arises that in every decennial period the number of the public officials and the extent of registration increase, while the liberty of the subject proportionately declines. In such an administration, moreover, it follows of course that everything depends on the most vigilant supervision and careful management, since there are such increased opportunities of falling short in both; and hence we may not unjustly suppose the Government desirous that everything should pass through as many hands as possible, in order to defeat the risk of errors and embezzlement.

But according to this method of transacting affairs, business becomes in time merely mechanical, while the men who are engaged in it relapse into machines, and all genuine worth and honesty decline in proportion as trust and confidence are withdrawn. Admitting, in conclusion, that the actual necessity for occupations of this nature compensates, on the other hand, by many beneficial results, for the introduction of these manifold evils, I will not here dwell longer on this part of the subject, but will proceed at once to the ultimate consideration—to which all that has hitherto been educed is but the necessary prelude and preparation,—and endeavour to show how the positive solicitude of a State tends utterly to confound all just and natural points of view.


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In the kind of policy we are supposing, then, men are neglected for things, and powers for results. A political [41] community, organized and governed according to this system, resembles rather an accumulated mass of living and lifeless instruments of action and enjoyment, than a multitude of acting and enjoying powers. In disregarding the spontaneity of acting beings, they seem to confine their view to the attainment of happiness and enjoyment alone.

But although the calculation would be just, inasmuch as the sensation of him who experiences them is the best index of happiness and enjoyment, it would still be very far below the dignity of human nature. For how could we account for it otherwise, that this very system, which aims at tranquillity, should yet, as if apprehensive of the contrary, willingly resign the highest human enjoyment?