Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
I am as willing, I hope, as anyone to agree that an interruption of a
vital public service is undesirable, and that every possible step to
minimize the possibility of its occurrence should be taken. But I do
not think the denial of the right to strike obtains this end in any
of them; and I do not believe that the same considerations apply to
every sort of vital public service. It must, I think, make a difference
whether the industry is primarily operated for private profit or no;
for only in the latter case is its quality as both vital and public
fully recognized. No one, surely, can examine the record of the coal
industry either in England or in America and say that the motives
which underlie its ownership by private interest are compatible with
the view that an uninterrupted service to the community has been the
first object of the owners. There are several reasons of primary
importance for retaining the right to strike so long as private
ownership continues in this sphere. If, for instance, a steamship
company proposes to send out its ship under the conditions in which the
_Vestris_ of ill-fated memory sailed in the spring of 1929, I think the
crew would be justified in striking in the public interest. So, also, I
should argue that the Seamen’s Union would be justified in striking, to
see to it, if it could, that every vessel putting to sea carries with
it wireless equipment. Again, a body of miners might, in my judgment,
justifiably strike if they believed that some part of a pit to which
they were to be sent was in fact too dangerous for coal to be hewed
there without an alteration of the physical conditions of mining in
that particular place. I should, further, urge that a strike to secure
a national agreement for uniform conditions in a particular industry as
against a variety of local agreements was a justifiable enterprise if
that end could not be attained in any other way.
My view, broadly, reduces itself to this. Where the vital industry is
in public hands, the conditions which should operate are those which
relate to government service in general where it is in private hands;
the state is, I think, justified in seeing to it that the danger of
dislocation is reduced to a minimum; but it is not justified in saying
that, in the event of a disagreement, the men shall always abide by the
results of compulsory arbitration. For, first of all, the men will not
always do so; their refusal, doubtless, will be exceptional, but there
will be instances in which it will occur. The famous munitions strikes
on the Clyde, and the South Wales Miners’ strike, during the war show
that this is the case. It is, I suggest, obvious folly to attempt
legislation which cannot be enforced at the critical point of urgency.
The business of the state, therefore, is not to prohibit, but to find
how best to make the use of the strike the final and not the first
instrument in conflict.
Public-domain text, read in full here on John Shaqi.
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