The Disinherited (20-24)

Let us next proceed to the actual reasons given for the disinheritance; let us inquire into the nature of the charge. We must first go back for a moment to the intention of the legislator. We will grant you for the sake of argument, sir, that it is open to you to disinherit as often as you please; we will further concede you this right against your benefactor; but I presume that disinheritance is not to be the beginning and the ending in itself; you will not resort to it, that is, without sufficient cause, The legislator’s meaning is not that the father can disinherit, whatever his grievance may be, that nothing is required beyond the wish and a complaint; in that case, what is the court’s function? No, gentlemen, it is your

The first-fruits of this was the withdrawal of the disinheritance; I was preserver, benefactor, everything. So far my conduct is not open to exception, I take it. Well, and later on what fault has my father to find? What attention or filial duty did I omit? Did I stay out o’ nights, sir? Do you charge me with untimely drinkings and revellings? Was I extravagant? Did I get into some disreputable brawl? Did any such complaint reach you? None whatever. Yet these are just the offences for which the law contemplates disherison. Ah, but my step-mother fell ill. Indeed, and do you make that a charge against me? Do you prefer a suit for ill health? I understand you to say no.

What is the grievance, then?—That you refuse to treat her at my bidding, and for such disobedience to your father deserve to be disinberited.—Gentlemen, I will explain presently how the nature of this demand results in a seeming disobedience, but a real inability. Meanwhile, I simply remark that neither the authority which the law confers on him, nor the obedience to which I am bound, is indiscriminate. Among orders, some have no sanction, while the disregard of others justifies anger and punishment. My father may be ill, and I neglect him; he may charge me with the management of his house, and I take no notice; he may tell me to look after his country estate, and I evade the task. In all these and similar cases, the parental censure will be well deserved. But other things again are for the sons to decide, as questions of professional skill or policy— especially if the father’s interests are not touched. Ifa painter’s father says to him, ‘Paint this, my boy, and do not paint that’; or a musician’s, ‘Strike this note, and not the other’; or a

But the medical profession should be left still more to their own discretion than other artists, in proportion to the greater nobility of their aims and usefulness of their work; this art should have a special right of choosing its objects; this sacred occupation, taught straight from Heaven, and pursued by the wisest of men, should be secured against all compulsion, enslaved to no law, intimidated and penalized by no court, exposed to no votes or paternal threats or uninstructed passions. If I had told my father directly and expressly, ‘I will not do it, I refuse the case, though I could treat it, I hold my art at no man’s service but my own and yours, as far as others are concerned I am a layman’—if I had taken that position, where is the masterful despot who would have applied force and compelled me to practise against my will? The appropriate inducements are request and entreaty, not laws and browbeating and tribunals; the physician is to be persuaded, not commanded; he is to choose, not be terrorized; he is not to be haled to his patient, but to come with his consent and at his pleasure. Governments are wont to give physicians the public recognition of honours, precedence, immunities and privileges; and shall the art which has State immunities not be exempt from the patria potestas?

All this I was entitled to say simply as a professional man, even on the assumption that you had had me taught, and devoted much care and expense to my training, that this particular case had been within my competence, and I had yet declined it. But in fact you have to consider also how utterly unreasonable it is that you should not let me use at my own discretion my own acquisition. It was not as your son nor under your authority that I acquired this art; and yet it was for your advantage