Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
I want to analyse each of these principles separately, but certain
preliminary observations are important. In any industrial society, as
Mr Justice Holmes has insisted,[34] liberty of contract always begins
where equality of bargaining power begins. Granted, therefore, the
normal conditions of modern enterprise, only the existence of strong
trade unions will ensure to the average worker just terms in his
contract of service. If he stands alone, he has neither the knowledge
nor the power to secure for himself proper protection. Nor is this
all. Strong trade unionism always means that public opinion can be
made effective in an industrial dispute. One has only to compare
the situation in the British textile industries, where the power of
the unions necessarily involves a search by the state, if there is
a dispute, for the terms of a just settlement, with that in America
where, from the weakness of the unions, the state seems hardly to
know when a dispute has occurred, where, also, the police-power is
almost invariably exerted on the side of the employer, to realize
the meaning of strong trade unionism. It is, in fact, the condition
of industrial justice. No limitation upon freedom to associate is,
I urge, permissible unless it can be demonstrated that clear and
decisive advantage to the community, including, be it remembered, trade
unionists themselves, is likely to result.
In this background, let us examine the first of the four principles I
have enumerated. No coercion of the government, direct or indirect, is
legitimate. If men want to obtain from government a solution other than
government is willing to attempt, the way to that end is not by the use
of industrial power, but through the ballot-box at a general election.
Or, from the angle of indirect coercion, the first interest of the
state is in the general well-being of the community; a general strike
necessarily aims at that well-being and may therefore be prohibited.
The general strike, even a large sympathetic strike, is in fact a
revolutionary weapon. As such, it is a threat to the Constitution and
illegal as well as unjustifiable.
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