Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
I do not, of course, deny that freedom of action in this field is
capable of being abused. That is the nature of liberty. Any body of
persons who exercise power may abuse it. It is an abuse of power
when an employer dismisses his workmen because he does not like
their political opinions. It is an abuse of power when the owners of
halls in Boston refuse to hire them to the promoters of a meeting in
memory of Sacco and Vanzetti. It was an abuse of power when British
naval officers connived at the attempted internment of the Belgian
socialist, M. Camille Huysmans, in England. It was, I think, an abuse
of power when the Universities of Oxford and Cambridge refused to admit
Nonconformists as students, or Parliament to seat Mr Bradlaugh because
he was an infidel. But the trade unions are no more likely, on the
historic record, to abuse their power than is Parliament itself. The
latter, if it wished, has the legal competence to abolish the trade
unions, to disenfranchise the working classes, to confine membership
of the House of Commons to persons with an independent income. We
know that Parliament is unlikely to do any of these things because
omnicompetence, when gravely abused, ceases to be omnicompetent. And
the same truth holds, as it seems to me, of the liberty to proclaim a
general strike.
A much more difficult problem arises where the second of my four
principles is concerned. A government is, I think, entitled generally
to the loyal and continuous service of its employees. It is therefore
entitled to make regulations which restrain their liberty of action.
The army and navy and the police, in particular, occupy a special
position in the state; if they were free, like ordinary citizens, to
withdraw their labour as they pleased, the executive power would be in
an impossible position. The government, therefore, may make suitable
regulations for their control. But it is important, in the framing of
these regulations, that the conditions of service should be just. To be
just, two principles are, I suggest, of primary importance. They should
be made and administered in conjunction with those who are affected by
them; and in their application or change executive action should not be
the final court of appeal. The principles which, in England, we call
Whitleyism are the _quid pro quo_ which government servants of this
type are entitled to expect in return for the surrender of the right
to strike; and Whitleyism must include the right of those servants to
appeal from an executive decision to such a body as the Civil Service
Division of the Industrial Court. To leave the executive sole master
of the field is to invite the kind of purblind folly which resulted,
in 1919, in the police strikes of Boston and London. Here, certainly,
the fact that the governments concerned were the judges in their own
cause made it impossible for the police to get either attention or
justice without drastic action. And I draw your attention to the fact
Public-domain text, read in full here on John Shaqi.
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