Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
An extreme way of putting this view would be to say that law is made by
the individual’s acceptance of it, that the essence of the law-making
process, is the consent of interested minds. At points of marginal
significance, that is, I think, true; and the consequences of the
truth are obviously important. Authority, if my view is right, is
always acting at its peril. It lives not by its power to command but
by its power to convince. And conviction is born of consent for the
simple reason that the real field of social action is in the individual
mind. Somewhere, inevitably, the power to coerce that mind to ways of
thoughts of which it does not approve, breaks down; man, as Tyrrell
said, is driven on “to follow the dominant influence of his life even
if it should break the heart of all the world”. That is the stark fact
which conditions the loyalty any authority seeks to secure. At some
point, it cannot be imposed but must be won from us. And the greater
the degree in which it springs from that persuasion, the greater, also,
is the success of authority in imposing its solutions. No power can
ever hope for successful permanence, no power, either, is entitled to
it, which does not make its way, in vital matters, through the channels
of consent.
From this two conclusions seem to me to flow. Ours is not a universe
in which the principles of a unified experience are unfolded. It is
a multiverse embodying an ultimate variety of experiences, never
identical, and always differently interpreted. There is enough
similarity of view to enable us, if we have patience and goodwill, to
make enough of unity to achieve order and peace. But that similarity
is not identity. It does not entitle us to affirm that one man’s
experience can be taken as the representation of another’s. It does not
justify the inference that I shall find what I most truly desire in
the desire of another. I am not a part of some great symphony in which
I realize myself only as an incident in the _motif_ of the whole. I
am unique, I am separate, I am myself; out of these qualities I must
build my own principles of action. These are mine only, and cannot
be made for me, at least creatively, by others. For their authority
as principles comes from the fact that I recognize them as mine.
Into them, as principles, I pour my personality, and life, for me,
derives its meaning from their unique texture. To accept the forcible
imposition of other principles upon me, which I do not recognize as
the expression of my experience, is to make of me who might be free,
a slave. I become an instrument of alien purposes, devoted to an end
which denies my self-hood. Law, therefore, as coercion is always
an invasion of personality, an abridgement of the moral stature of
those whom it invades. To be true to its purpose, it must reduce the
imperative element to a minimum if it is to release creativeness and
not destroy it.
Public-domain text, read in full here on John Shaqi.
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