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
Many of Duguit’s errors come from a misconception of the social process.
Violently opposed to a collective will, he sees in the individual
thought and will the only genuine “_chose en soi_” (it is interesting to
notice that _la chose en soi_ finds a place in the thought of many
pluralists). Not admitting the process of “community” he asserts that
_la règle de droit_ is anterior and superior to the state; he does not
see the true relation of _le droit_ to _l’état_, that they evolve
together, that the same process which creates _le droit_ creates
_l’état_.[109] The will of the people, he insists, can not create _le
droit_. Here he does not see the unity of the social process. He
separates will and purpose and the activity of the reciprocal
interchange instead of seeing them as one. Certainly the will of the
people does not create _le droit_, but the social process in its entire
unity does. “Positive law must constantly follow _le droit objectif_.”
Of course. “_Le droit objectif_ is constantly evolving.” Certainly. But
how evolving? Here is where we disagree. The social process creates _le
droit objectif_, and will is an essential part of the social process.
Purpose is an essential part of the social process. Separate the parts
of the social process and you have a different idea of jurisprudence, of
democracy, of political institutions. Aim is all-important for Duguit.
The rule of _le droit_ is the rule of conscious ends: only the aim gives
a will its worth; if the aim is juridical (conformed to _la règle de
droit_), then the will is juridical. Thus Duguit’s pragmatism is one
which has not yet rid itself of absolute standards. It might be urged
that it has, because he finds his absolute standards in “social
solidarity.” But any one who believes that the individual will is a
_chose en soi_, and who separates the elements of the social process,
does not wholly admit the self-sufficing character of that process.
The modern tendency in many quarters, however, in regard to conceptions
of social practice, is to substitute ends for will.[110] This is a
perfectly comprehensible reaction, but future jurisprudence must
certainly unite these two ideas. Professor Jethro Brown says, “The
justification for governmental action is found not in consent but in the
purpose it serves.” Not in that alone. De Maeztu says, “The profound
secret of associations is not that men have need of one another, but
that they need the same thing.” These two ideas can merge. Professor
Brown makes the common good the basis of the new doctrine of natural
right.[111] But we must all remember, what I do not doubt this writer
does remember, that purpose can never be a _chose en soi_, and that, of
the utmost importance, the “new natural law” can be brought into
manifestation only by certain modes of association.
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