Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
All, moreover, that I am saying of territorial locality, seems to me
to apply, with no less emphasis, to what may be termed functional
areas also. Everyone acquainted with the history of churches realizes
the necessity of leaving them free to develop their own internal
life. On matters like ecclesiastical government, dogma, ceremonial,
interference by the state is almost invariably disastrous in its
results. What is true of churches is true also, _mutatis mutandis_,
of other associations. Bodies like the legal and medical professions
are much better able to direct their own internal life than to have it
directed for them by the state. It is necessary, of course, to prevent
them from developing into monopolies; and to that end it is essential
to devise a framework of principle within which they must work, to
retain, also, the right to its revision from without from time to time.
But that said, few would, I think, deny that what we call professional
standards, the jealousy for the honour of the profession, the sense
of _esprit de corps_, the realization that its members owe to the
community something more than the qualities for which payment can be
exacted, these things are born of the large degree of freedom to define
their own life the professions enjoy.
It is, I think, important to extend that notion of self-government
beyond the professions. We ought to learn to think of industries like
cotton and coal as entities not less real than Lancashire or New
York, as capable, therefore, of being organized for the purpose of
government. Most of the plans as current today for national economic
councils are not, in my judgment, of great value; the satisfactory
weighting of the different elements is really insoluble, and any
problem that concerns industry as a whole seems to me at once civic
in its nature and, therefore, the proper province of the legislative
assembly of the state.[26] But these considerations do not apply to
industries taken individually, or linked together at special points
of intimate contact. It does not seem to me inconceivable that we
should create a Parliament for the mining industry, in which capital,
management, labour and the consumer, should each have their due
representation, and to which should be confided the determination of
industrial standards on the model of professional self-government.
I should give to this Parliament a power of delegated legislation
which would enable it to frame rules of conduct binding upon all the
members of the industry. Thus, while Georgia might refuse to pass a
child-labour law, a particular industry in Georgia might refuse to
allow its members to engage child labour in field or factory. There
might be developed in this way a body of industrial legislation and
jurisprudence growing naturally out of the experience of those who
participate in the operation of the industry, and imposed with a real
sense of freedom because it has been developed from within and is not
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