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
It is true, as Duguit says, that the state has the “right” to will
because of the thing willed, that it has no “subjective” right to will,
that its justification is in its purpose. (This is of course the truth
in regard to all our “rights”; they are justified only by the use we
make of them.) And yet there is a truth in the old idea of the “right”
of a collectivity to will. These two ideas must be synthesized. They
_are_ synthesized by the new psychology which sees the purpose forming
the will at the same time as the will forms the purpose, which finds no
separation anywhere in the social process. We can never think of purpose
as something in front which leads us on, as the carrot the donkey.
Purpose is never in front of us, it appears at every moment with the
appearance of will. Thus the new school of jurisprudence founded on
social psychology cannot be a teleological school alone, but must be
founded on all the elements which constitute the social process. Ideals
do not operate in a vacuum. This theorists seem sometimes to forget, but
those of us who have had tragic experience of this truth are likely to
give more emphasis to the interaction of purpose, will and activity,
past and present activity. The recognition that _le droit_ is the
product of a group process swallows up the question as to whether it is
“objective” or “subjective”; it is neither, it is both; we look at the
matter quite differently.[112]
To sum up this point. We must all, I think, agree with the “objective”
conception of law in its essence, but not in its dividing the social
process, a true unity, into separate parts. Rights arise from relation,
and purpose is bound up in the relation. The relation of men to one
another and to the object sought are part of the same process. Duguit
has rendered us invaluable service in his insistence that _le droit_
must be based on “_la vie actuelle_,” but he does not take the one step
further and see that _le droit_ is born within the _group_, that there
is an essential law of the group as different from other modes of
association, and that this has many implications.
Public-domain text, read in full here on John Shaqi.
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