Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
Now nationality is a subjective conception that eludes definition in
scientific terms. As an Englishman, I can feel in my bones the sense of
what English nationality implies; I feel intimately, for instance, the
things that enable me to claim Shakespeare or Jane Austen or Dickens
as typically English, without being able to put into words the things
that make them so. Every factor to which nationality has been traced,
race, language, common political allegiance, is an excessive simplicity
which betrays scientific exactitude. It is true that nationality is
born of a common historic tradition, of achievement and suffering
mutually shared; it is true, also, that language and race, and even a
common political allegiance, have played their part in its formation.
It is obvious that there is something exclusive about nationality,
that the members of any given nation have a sense of separateness from
other people which gives them a feeling of difference, of uniqueness,
which makes domination by others so unpleasant as to involve profound
discomfort to a point which may involve, even justly involve,
resistance to that domination. But the fact remains that nationality is
a psychological phenomenon rather than a juridical principle. It is in
the former, not the latter, sphere that we must seek to meet its claims.
Mill’s principle, if carried to its logical conclusion, would mean
that every nation has a title to statehood. I want you to think what
that implies. The modern state is a sovereign state, and in terms of
that title no will can bind its purpose but its own. The legal meaning
of sovereignty is omnicompetence. The state may, as it please, make
peace or war. It can erect its own tariffs, restrict its immigration,
decide upon the rights of aliens within its borders, without the duty
of consulting its neighbours, or paying any attention to principles of
justice. States have done all these things. There is no crime they have
not been prepared to commit for the defence or the extension of their
own power. A different moral code has been applied in history to their
acts from what we insist upon applying to individual acts, and it is,
quite definitely, a lower moral code. The history of the nation which
becomes a state and insists upon the prerogatives of its statehood
is a history incompatible with the terms upon which the maintenance
of peace depends. That exclusive temper which, as I have argued, is
the root of nationality means a measurable loss of ethical quality in
those international relations which are concerned with questions of
power. You have only to remember the acts which, during the war, states
attempted against one another amid the applause of their subjects to
realize that the recognition of national unity as a state means the
destruction of private liberty and the violation of international
justice, unless we can find means of setting some limit to the powers
of which a nation-state can dispose.
Public-domain text, read in full here on John Shaqi.
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