Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
You will see that these are not merely academic questions; every one
of them has been in the forefront of political discussion this last
half-century, and all save the first have been vital themes of decision
in the years since the war. Take first the case of an association
which, like the Mormon Church, desires to practise modes of conduct
different from those pursued by the society as a whole. We have to
assume that the members of the association have joined it voluntarily,
and continue voluntarily in its membership. We have to assume, further,
that they do not desire to force their particular way of life upon
others; for some single realm of conduct, like the realm of marriage,
they desire that they shall be left free from interference by the
organized power of society. I cannot see that we are entitled to
interfere with them. We may think them unwise, foolish, muddle-headed,
immoral. We know perfectly well that we cannot hope, by the external
constraint of law, to abolish all conduct that comes within those
terms. I happen to think that it is a gross superstition to leave
money to the Roman Catholic Church that masses may be said for the
testator’s soul; but I should think it an unwarrantable interference
with the relations between that Church and its members if such bequests
were forbidden. I see no evidence to suggest that the practice of
polygamy is worse, in its nature, than a hundred other practices which
organized society either directly permits, or wisely leaves alone,
because it knows that rigorous control would be utterly futile. The
only way to deal with the ideals of the Mormon Church is to prove
their undesirability to their members. On the evidence of history,
persecution will not be acceptable as proof; and it is not improbable
that the only legal effect of prohibition has been to make furtive and
dishonest what was, at first, open and avowed. _Mutatis mutandis_,
this seems to me the case with all similar problems of association. If
a society of women, enthusiastic for the independence of their sex,
formed themselves into an association to propagate and practise the
(to them) ideal of children outside the tie of marriage, I should not
think the state entitled to interfere with its work. So, too, I should
argue, with a principle like birth-control. The state is not entitled
to prohibit diffusion of such knowledge, or the practice of it. When it
does, it makes the family nothing more than an instrument of fecundity,
and destroys the whole character of that right to privacy which is the
foundation of harmonious sexual relationship.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account