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
As our theory of the state no longer includes the idea of contractual
obligation, we begin to see the interdependence of state and law, that
neither is prior to the other. The same process which evolves the state
evolves the law. Law flows from our life, therefore it cannot be above
it. The source of the binding power of law is not in the consent of the
community, but in the fact that it has been produced by the community.
This gives us a new conception of law. Some writers talk of social
justice as if a definite idea of it existed, and that all we have to do
to regenerate society is to direct our efforts towards the realization
of this ideal. But the ideal of social justice is itself a collective
and a progressive development, that is, it is produced through our
associated life and it is produced anew from day to day. We do not want
a “perfect” law to regulate the hours of women in industry; we want that
kind of life which will make us, all of us, grow the best ideas about
the hours of women in industry, about women in industry, about women,
about industry.
We cannot assume that we possess a body of achieved ideas stamped in
some mysterious way with the authority of reason and justice, but even
were it true, the reason and justice of the past must give way to the
reason and justice of the present. You cannot bottle up wisdom—it won’t
keep—but through our associated life it may be distilled afresh at every
instant. We are coming now to see indeed that law is a social imperative
in the strict psychological sense, that is, that it gets its authority
through the power of group life. Wundt says, The development of law is a
process of the psychology of peoples, therefore law will forever be a
process of becoming.[61] Our obedience to law then must not be obedience
to past law, but obedience to that law which we with all the experience
of the past at our command, with all the vision of the future which the
past has taught us, with all the intelligence which vivid living in the
present has developed in us, are able to make for our generation, for
our country, for the world. We are told that one of the most salient
points in modern juristic thinking is its faith in the efficacy of
effort, its belief that law has been and may be made consciously.
Public-domain text, read in full here on John Shaqi.
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