Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
A final problem in this same realm remains. The trade union, it
is said, must obviously concern itself with all that touches the
industrial conditions of its members. But it is not entitled to a
general licence to roam all over the field of public activity. We
should resent it if a football club passed resolutions upon the foreign
policy of a government; and it is in the same way illegitimate for
a trade union to deal with matters outside its sphere. The state,
therefore, is entitled to define that sphere and to limit the
activities of trade unions to matters that come within it.
But I have already sought to show that such a definition of spheres is,
in fact, impossible of achievement. Take, for instance, foreign policy.
You cannot say that trade unions ought not to concern themselves
with foreign policy since this is intimately bound up with economic
policy which, in turn, is the chief factor in the determination of the
conditions of employment. You cannot exclude any part of the economic
realm from the trade union sphere. I should agree that a trade union
ought not to concern itself, let us say, with the question of whether
the Pope was justified in making the Immaculate Conception a dogma of
the Roman Church; but the likelihood of a trade union acting in this
way is as small as that of a football club concerning itself with
foreign policy. We cannot legislate for the exceptional instance. Law
can only deal with normal habits susceptible of logical reduction to
well-established categories. When it goes further, it merely reveals
its own impotence. A trade union, moreover, is a living body; and
no law has ever been successful in coping with the growth of living
things by legal promulgations upon the fact of growth. Many matters are
regarded today as normally and naturally within the sphere of the trade
unions which a generation ago, even a decade ago, most men would have
insisted were in nowise their concern. In the American garment trade,
the union concerns itself, as a vital part of its function, with the
efficiency of the employers for whom its members work. A generation
ago, this would have been dismissed as “an insolent interference with
the rights of management”; today it is obvious that upon no other
terms can the function of the trade union be fulfilled. In 1914 the
unions would never have deemed it their business to concern themselves
with the bank rate and credit policy; today they realize that these
matters lie at the heart of their problems. Any such Procrustes’ bed of
definition as this principle suggests seems to me, therefore, a quite
wanton and foolish interference with freedom.
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