It is the thesis of this book that the members of the public, who
are the spectators of action, cannot successfully intervene in a
controversy on the merits of the case. They must judge externally, and
they can act only by supporting one of the interests directly involved.
It follows that the public interest in a controversy cannot turn upon
the specific issue. On what, then, does it turn? In what phase of the
controversy can the public successfully interest itself?
Only when somebody objects does the public know there is a problem;
when nobody any longer objects there is a solution. For the public,
then, any rule is right which is agreeable to all concerned. It follows
that the public interest in a problem is limited to this: that there
shall be rules, which means that the rules which prevail shall be
enforced, and that the unenforceable rules shall be changed according
to a settled rule. The public’s opinion that John Smith should or
should not do this or that is immaterial; the public does not know John
Smith’s motives and needs, and is not concerned with them. But that
John Smith shall do what he has promised to do is a matter of public
concern, for unless the social contracts of men are made, enforced
and revised according to a settled rule, social organization is
impossible. Their conflicting purposes will engender unending problems
unless they are regulated by some system of rights and duties.
The interest of the public is not in the rules and contracts and
customs themselves but in the maintenance of a régime of rule, contract
and custom. The public is interested in law, not in the laws; in the
method of law, not in the substance; in the sanctity of contract, not
in a particular contract; in understanding based on custom, not in this
custom or that. It is concerned in these things to the end that men in
their active affairs shall find a _modus vivendi_; its interest is in
the workable rule which will define and predict the behavior of men so
that they can make their adjustments. The pressure which the public
is able to apply through praise and blame, through votes, strikes,
boycotts or support can yield results only if it reinforces the men who
enforce an old rule or sponsor a new one that is needed.
Public-domain text, read in full here on John Shaqi.
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