The new state : $b Group organization the solution of popular governmentFollett, Mary Parker
Science
The new state : $b Group organization the solution of popular government
Follett, Mary Parker
Democracy; Political participation; Social psychology; State, The
The seeking of the organs of society which are the immediate source of
legal sanctions, the seeking of the ultimate source of political
control—these are the quests of jurists and political philosophers. To
their search must be added a study of the process by which a genuine
sovereignty is created. The political pluralists are reacting against
the sovereignty which our legal theory postulates, for they see that
there is no such thing actually, but if sovereignty is at present a
legal fiction, the matter need not rest there—we must seek to find how a
genuine social and political control can be produced. The understanding
of self-government, of democracy, is bound up with the conception of
sovereignty as a psychological process.
The idea of sovereignty held by guild socialists[105] is based largely
on the so-called “objective” theory of _le droit_ expounded by M. Léon
Duguit of Bordeaux. This theory is accepted as the “juridical basis” of
a new state, what some call the functionarist state.[106] Man, Duguit
tells us, has no rights as man, but only as a member of the social
order. His rights are based on the fact of social interdependence—on his
relations and consequent obligations. In fact he has no rights, but
duties and powers. All power and all obligation is found in “social
solidarity,” in a constantly evolving social solidarity.[107]
The elaboration of this theory is Duguit’s large contribution to
political thought. His _droit_ is a dynamic law—it can never be captured
and fixed. The essential weakness of his doctrine is that he denies the
possibility of a collective will, which means that he ignores the
psychology of the social process. He and his followers reject the notion
of a collective will as “_concept de l’esprit dénué de toute réalité
positive_.” If this is their idea of a collective will, they are right
to reject it. I ask for its acceptance only so far as it can be proved
to have positive reality. There is only one way in the world by which
you can ever know whether there is a collective will, and that is by
actually trying to make one; you need not discuss a collective will as a
theory. If experiment proves to us that we cannot have a collective
will, we must accept the verdict. Duguit thinks that when we talk of the
sovereignty of the people we mean an abstract sovereignty; the new
psychology means by the sovereignty of the people that which they
actually create. It is true that we have none at present. Duguit is
perfectly right in opposing the old theory of the “sovereign state.”
Public-domain text, read in full here on John Shaqi.
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