Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
I argue, therefore, that voluntary bodies are entitled outside the
realm where their ideas and conduct are intended directly to alter the
law, or to arrest the continuity of general social habits, to believe
what they please and to practise what they please. This would not
permit a body of burglars to take over from Proudhon the principle that
property is theft and assume their right to restore it to themselves;
but it would justify, to take the case of principles I personally
abhor, a society of Mormons practising polygamy in a society like that
of the United States. Let me turn from this to the political field. I
take first the question of the right of the state to control freedom
of association in the industrial sphere. Practically speaking, the
question reduces itself to one of whether the state is justified in
limiting the power of a trade union, or of a combination of trade
unions to call out its members on strike. I want to put on one side the
technical juristic questions involved and to discover, if I can, the
justice of the general principles which underlie the problem.
These are, I think, broadly four in number. It is argued that the state
has a right to prohibit a general strike on the ground that this is
an attempt to coerce the government either directly, by making it
introduce legislation which it would not otherwise do, or indirectly,
by inflicting such hardship on the community that public opinion forces
the government to act. It is said, secondly, that the state is entitled
to prohibit those whom it directly employs, for example postmen, from
either going on strike, or affiliating themselves with any organization
the nature of which may compromise the neutrality of the government.
It is said, thirdly, that certain industries, railways, for example,
or electricity supply, are so vital to the community that continuity
of service in them is the law of their being, and that, therefore,
the right to strike can be legitimately denied to those engaged in
them. It is argued, fourthly, that a limitation upon the purposes of
trade unions, so that they are confined within their proper industrial
sphere, is also justified.
Public-domain text, read in full here on John Shaqi.
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