Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
Nor must we forget the limits within which effective legal action is
possible. _Jus est quod jussum est_ is a maxim the validity of which
is singularly unimpressive. When the issue in dispute seems to the
trade unions so vital that only by a general strike can they defend
their position adequately, they will, in those circumstances, defend
their position whatever the law may be. Legal prohibition will merely
exacerbate the dispute. It will transfer the discussion of legality
which serves merely to conceal it. A legal command is, after all,
a mere static form of words; what gives it appropriateness is its
relevance as just to the situation to which it is applied. And its
relevance as just is made not by those who announce that it is to
be applied, but by those who receive its application. The secret of
avoiding general strikes does not lie in their prohibition but in the
achievement of the conditions which render them unnecessary.
Nor is the denial of the right to declare a general strike a necessary
protection of the total interest of the community. Right and wrong
in these matters are matters to be defined in each particular case.
A government which meets the threat of a general strike is not
entitled to public support merely because it meets the threat. It
is no more possible to take that view than it is to say that all
governments deserve support when they confront a rebellion of their
subjects. Everything depends on what the general strike is for,
just as everything depends on the purpose of the rebellion; and the
individual trade unionist must make up his mind about the one, just as
the individual citizen must make up his mind about the other. Law in
this realm is, in fact, largely futile. It could not prevent a general
strike by men who saw no alternative open to them; and, in that event,
it would merely intensify its rigours when it came. The limitation
of liberty in this realm seems to me, therefore, neither just in its
purpose nor beneficent in its results.
Public-domain text, read in full here on John Shaqi.
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