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
Water rights are now interpreted with limitations on the owners. The
idea is becoming accepted that running water is an asset of society
which is not capable of private appropriation or ownership except under
regulations that protect the general interest. This tendency is changing
the whole water law of the western states.
Insistence on interest of society in dependent members of household.
With respect to children it is not the individual interest of the
parents, but the interest of society which is regarded.
Thus modern law is being based more and more upon a recognition of the
community principle.
When we sometimes hear a lawyer talk of such measures as old age
pensions as a matter of “social expediency,” we know that he has not yet
caught the community idea in law. Modern law considers individuals not
as isolated beings, but in their relation to the life of the whole
community. Thus in shortening the hours of work the courts can no longer
say this is an “unwarrantable interference” with individual liberty;
they have to consider the health of the individual in its relation to
his family and his work, also the use he will make of his leisure, the
need he has for time to perform his duties as citizen, etc. etc. Mr.
Pound points out with great clearness that relation is taking the place
of contract in modern law. Workmen’s compensation arises from the theory
of reciprocal rights and duties and liabilities which flow from a
relation. This he tells us was the common law conception until deflected
by contract; now we are going back to it and we do not ask the strict
terms of the contract, but what the relation demands.
Perhaps social psychology can give two warnings to this new tendency of
law. First this relation must not be a personal relation. I have spoken
several times of our modern legal system as based on relation, but this
must not be confused with the relation of the Middle Ages. Then the
fundamental truth of relation, that life is a web of relationships, was
felt intuitively, but it was worked out on its personal side. The feudal
age lived in the idea of relation, but the heart of the feudal system
was personal service. It was like loyalty to the party chief: right or
wrong, the vassal followed his lord to the battlefield and died with him
there. Because it was worked out on its personal side it had many
imperfections, and the inevitable reaction swung far away. Now the
pendulum is returning to relation as the truth of life, but it is to be
impersonal. Employers and employed must study the ideal relation and try
to actualize that. We seek always the law of true community.
Public-domain text, read in full here on John Shaqi.
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