Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
If we reject a view which, like that just considered, seeks to dissolve
the reality of the individual into the society of which he is a part,
what are we left with as the pattern within which a man seeks freedom?
Let us try to draw a picture of the place of man in a community like
our own. He finds himself involved in a complex of relationships out
of which he must form such a pattern of conduct as will give him
happiness. There are his family, his friends, the church to which he
may belong, his voluntary association, trade union, or employers’
association or whatever it may be, and there is the state. All of
these, save the state, he may in greater or less degree avoid. A man
may cut himself off from family or friends; he may refuse membership of
a church or vocational body; he cannot refuse membership of the state.
Somewhere or other, he encounters it as a body of persons issuing
orders, and he is involved in the problem of deciding whether or no he
will obey those orders. Every order issued is, in a final analysis,
issued by a person or persons to another person or persons. When we
say that, in such a complex of relationships as this, that a man is
free, what do we mean? We know that if his Church issues an order to
him of which he disapproves, he can leave his church; so, too, with all
other bodies save the state. The latter can, if he seeks evasion of its
commands, use compulsion to secure obedience to its orders. It makes,
we say, the law, and a member of the state is legally compelled to obey
the law.
But he is not free merely because he obeys the law. His freedom, in
relation to the law, depends on the effect of any particular order
upon his experience. He is seeking happiness; some order seems to him
a wanton invasion of that happiness. He may be right or wrong in so
thinking; the point of fact is that he has no alternative but to go by
his own moral certainties. Now freedom exists in a state where a man
knows that the decisions made by the ultimate authority do not invade
his personality. The conditions of freedom are then those which assure
the absence of such invasion. The citizen who asks for freedom is
entitled to the conditions which, collectively, are the guarantees that
he will be able to go on the road to his happiness, as he conceives it,
unhindered. Neither conditions nor guarantees will ever be perfect; nor
will they ever cover all upon which happiness depends. The state, for
instance, may say that I may marry the woman I love; it cannot say that
she will marry me if I so desire. The freedom it secures to me is the
absence of a barrier in the way of marriage if I can win her consent.
Public-domain text, read in full here on John Shaqi.
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