Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
The remaining question I wish to discuss in this context is the right
of the state over associations the purpose of which is the overthrow
of the existing social order. What powers here ought the state to
possess? At what point can it interfere? Has it what may be termed a
preventive capacity, a right to prevent the development of associations
the natural tendency of which will be an attempt at such overthrow?
Or should its jurisdiction be limited to punishment for overt acts?
Obviously the quality of liberty depends very largely upon the powers
we give the state in this realm. I take it as elementary that the
state has a right to protect itself from attack. It must, as a state,
assume that its life is worth preserving. It must demand that changes
in its organization be the outcome of peaceful persuasion and not the
consequence of violent assault. A state must, therefore, assume that
its duty to maintain peace and security lies at the very root of its
existence. The liberty which associations enjoy must therefore be set
in the context that they cannot have a liberty to overthrow the state.
To that extent, any denial of freedom to them is justified.
But what are the limits within which that denial must work. The world
today is littered with organizations that are denied a legal existence
and suppressed at any opportunity. The existence of a Communist party
is denied by Lithuanian law; the Peasants’ Party in Jugoslavia was
formally dissolved; Russian principle seems to be the imprisonment
or exile of members of any organization which can be suspected of
counter-revolutionary tendencies. We must, I think, begin with the
principle that a government is not entitled to suppress associations
the beliefs of which alone are subversive of the established order.
For, otherwise, persecution will be built, not on fact, but on
suspicion that facts may one day emerge, not on overt acts, but on
principles of faith which are in truth only dangerous when they are
expressed in practice. A society might be formed, for instance, to
discuss and propagate the principles of Tolstoyan anarchy; I do not
think any government has legitimate ground for interference with it.
The time for that interference comes only when, outside the specific
categories of peaceful persuasion, men have moved to action which
cannot logically be interpreted as other than a determination to
overthrow the social order.
Public-domain text, read in full here on John Shaqi.
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