Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
the outcome of an external control. The help this system would give
to the creative-minded employer, on the one hand, and the adventurous
trade-union, on the other, needs no emphasis from me. Something of what
it might effect, if planned in a wholesale way, the experiments of the
Amalgamated Clothing Workers and the Baltimore and Ohio Railroad have
amply demonstrated. They show clearly, I venture to suggest, that an
authority born of consent is always definitely superior to an authority
born of coercion. And the reason is the simple but vital one that
creative energy is liberated only in the atmosphere of freedom.
VI
In all that I have so far said there is implied a theory of the nature
of law upon which, perhaps, I ought to say a word. The view I am
taking suggests that law is not simply a body of commands justifiable
by virtue of their origin. Laws are rules seeking to satisfy human
desires. They are the more certain of acceptance the more fully they
seek to inquire what desires it is urgent to satisfy, and the best
way of inquiry is to associate men with each stage of the process of
law-making. For men, in fact, will not obey law which goes counter to
what they regard as fundamental. Their notion of what is fundamental
may be wrong, or unwise, or limited; but it is their notion, and they
do not feel free unless they can act by their own moral certainties. It
is useless to tell them that an assumption on their part that they are
entitled to forgo obedience will result in anarchy. Every generation
contains examples of men who, in the context of ultimate experience,
deliberately decide that an anarchy in which they seek to maintain
some principle is preferable to an order in which that principle must
be surrendered. The South in 1861, Ulster in 1914, the Communist in the
context of a capitalist society, these are but variations on the great
theme of Luther’s classic _Ich Kann nicht anders_. They illustrate the
inescapable truth that law must make its way to acceptance through the
channel of consenting minds.
Let me put this in a different way. Law is not merely a command; it
is also an appeal. It is a search for the embodiment of my experience
in the rule it imposes. The best way, therefore, to make that search
creative is to consult me who can alone fully report what my experience
is. There can be no guarantee that law will be accepted save in the
degree that this is done. Legal right is so made as the individual
recipient of a command invests it with right; he gives it his sanction
by relating it successfully to his own experience. When that relation
cannot be made, the authority of law is always in doubt. And it is in
doubt because, by contradicting the experience of those whom it seeks
to control, it seems to them a frustration of their personality. To
accept the control would be to become unfree.
Public-domain text, read in full here on John Shaqi.
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