Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
For consider, once more, the historic record. The Roman suppression of
Christianity was built upon the belief that unity of religious belief
is the necessary condition of citizenship; later experience shows that
view to be without any substance. What in fact emerges from the history
of religious persecution is the lesson that the unity made by the
suppression of Nonconformity is the unity of stagnation. That was the
history of France under the repeal of the Edict of Nantes; it has been
the history of Spain ever since the sixteenth century; it is, indeed,
the history of any community, however rich and powerful, the rulers
of which assume that they know what constitute truth and right, what
opinions, therefore, they are entitled to prescribe. Any government
which attacks a body organized to promote some set of opinions which
may become dangerous to its safety may fairly be presumed to have
something to conceal. It is co-ordinating social life not to the end of
its greater fullness, but simply for the sake of co-ordination.
But law, as I have insisted earlier, does not exist for the sake of
law. It is not entitled to obedience because it is legal, because,
that is, it proceeds from a source of reference formally competent to
enact it. Law exists for what it does; and its rightness is made by the
attitude adopted to it by those whose lives it proposes to shape. Since
bodies like the Communist Party are in fact an announcement that some
lives at least are shaped inadequately by the laws of a régime like
our own, suppression seems to me an indefensible way of meeting that
announcement. Force is never a reply to argument; and until argument
itself seeks force as the expression of its principle, it is only by
argument that it can justifiably be countered.
VI
I turn to a very different phase of the subject. In every society
there are modes of conduct which, though not in themselves harmful,
offer an easy prospect of becoming so. It is therefore assumed by
many that it is the business of the state actively to discourage
such conduct, even to the point, if necessary, of making its most
innocuous expression illegal. No one is harmed, for instance, by a
moderate indulgence in alcoholic liquor; but since drunkenness is
harmful both to the individual and society, the state, it is said, is
justified in prohibiting the manufacture or sale of alcoholic liquor.
The same principle is urged of noxious drugs, of the use of tobacco,
of gambling. Sometimes, indeed, the principle is carried to an extreme
point and it is said that the state may prohibit any form of conduct,
Sunday games, for example, which a majority of the society finds
obnoxious. The claim to freedom, it is urged, may be denied in the
interest of a social view of good.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account