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
From status to contract we do not now consider the history of liberty
but of particularism—the development of law through giving a larger and
larger share to the particular will. The present progress of law is from
contract to community. Our particularistic law is giving way to a legal
theory based on a sound theory of interrelationship. Our common law has
considered men as separate individuals, not as members of one another.
These separate individuals were to be “free” to fight out their
differences as best they could, it being overlooked that freedom for one
might not mean freedom for the other, as in the case of employer and
employed. “Individual rights” in practice usually involve some
difference of opinion as to who is the individual! Mr. Olney said of the
Adair case: “It is archaic, it is a long step into the past, to conceive
of and deal with the relations between the employer in such industries
and the employee as if the parties were individuals.”[53]
The principles of individual rights and contract which have long
dominated our courts[54] are giving way now to sounder doctrine. The old
idea was that a man could do what he liked with his own; this is not the
modern notion of law. We find a judge recently saying: “The entire
scheme of prohibition as embodied in the Constitution and laws of Kansas
might fail, if the right of each citizen to manufacture intoxicating
liquors for his own use or as a beverage were recognized. Such a right
does not inhere in citizenship.”[55] Our future law is to serve neither
classes nor individuals, but the community. The lawyer is to bring his
accumulation of knowledge not to his clients merely, but to enrich and
interpret and adjust our whole social life.
We have many signs to-day of the growing recognition of community as the
basis of law. The following are taken from an article by Mr. Pound:[56]
The increasing tendency of law to impose limitations on the use of
property, limitations designed to prevent the anti-social use of
property. This has already been noticed in our new building laws.
The limitations now imposed on freedom of contract. This is shown in the
statutes regulating the hours and conditions of labor, in the law of
insurance,[57] in the judicial decisions which have established that the
duties of public service corporations are not contractual, flowing from
agreement, but quasi-contractual, flowing from the calling in which the
public servant is engaged.
Limitations on the part of creditor or injured party to exact
satisfaction. This is illustrated by the homestead exemptions which
prevail in many states, and such exemptions as tools to artisans,
libraries to professional men, and animals and implements to farmers.
Imposition of liability without fault, as illustrated in workmen’s
compensation and employers’ liability.[58]
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