Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
My point is that men are always entitled to form voluntary associations
for the expression of grievance, and for the propagation of ideas
which, as they think, will remedy what they believe to be wrong. They
are not entitled to move to the commission of acts which bring them
into conflict with the state. By acts I mean things like the planning
of Mussolini’s march on Rome, or the training of civilians as soldiers
by the Ulster Defence Council. Things like these the government may
legitimately attack because they have a clear and direct relation to
immediate violence, actual or prospective. But governments would do
well to remember, what they are too prone to forget, that they do not
remove grievance, however ill-conceived, by suppressing it. And if they
are allowed to associate violent opinion with actual violence, there
are few follies upon which they cannot be persuaded to embark. The
persecution of opinion grows by what it feeds on. Every social order
is ardently upheld by fanatics who are eager to make dissent from
their view a crime. The last thing that is desirable is to give them an
opportunity for the exercise of their fanaticism.
It is, further, of great importance that all trials relating to these
offences should be held in the ordinary courts under the ordinary forms
of law. Experience makes it painfully clear that special tribunals are
simply special methods for securing a conviction. For the mere creation
of a special tribunal persuades the ordinary man that there is an _a
priori_ case against the accused, that the burden of proof lies upon
him rather than upon the government. Whatever we can do to safeguard
these trials from the introduction of passion is an obligation we owe
to liberty. However wrong or unwise we may think the actions of men so
accused, we have to remember that they represent, as a general rule,
the expression of a deep-felt resentment against social injustice. We
have to protect ourselves from protest which seeks deliberately to
dissolve the bonds of order. But it is our duty, too, to respect that
protest when it is sincerely made. And we cannot, therefore, permit
attack upon it because it represents ideas or experience alien from our
own. _De nobis fabula narretur_ is a maxim which every citizen should
recognize as the real lesson of political punishment.
Public-domain text, read in full here on John Shaqi.
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