The public in this theory is not the dispenser of law or morals, but,
at best, a reserve force that may be mobilized on behalf of the method
and spirit of law and morals. In denying that the public can lay down
the rules I have not said that it should abandon any function which
the public now exercises. I have merely said that it should abandon
a pretense. When the public attempts to deal with the substance it
merely becomes the dupe or unconscious ally of a special interest. For
there is only one common interest: that all special interests shall act
according to settled rule. The moment you ask what rule you invade the
realm of competing interests of special points of view, of personal,
and class, and sectional, and national bias. The public should not ask
what rule because it cannot answer the question. It will contribute
its part to the solution of social problems if it recognizes that some
system of rights and duties is necessary, but that no particular system
is peculiarly sacred.
Chapter IX
THE TWO QUESTIONS BEFORE THE PUBLIC
The multitude of untroubled rules that men live by are of no concern
to the public. It has to deal only with the failures. Customs that are
accepted by all who are expected to follow them, contracts that are
carried out peaceably, promises that are kept, expectations fulfilled,
raise no issue. Even when there has been a breach of the rule, there is
no public question if the breach is clearly established, the aggression
clearly identified, the penalty determined and imposed. The aggressor
may be identified because he pleads guilty. He may be identified by
some due process though he denies his guilt. The rule, a term under
which I mean to include the method of detection, interpretation and
enforcement, as well as the precept, is in either case intact. The
force of the public can be aligned without hesitation on behalf of the
authorities who administer the rule.
There is no question for the public unless there is doubt as to the
validity of the rule,—doubt, that is to say, about its meaning, its
soundness or the method of its application. When there is doubt the
public requires simple, objective tests to help it decide where it will
enlist. These tests must, therefore, answer two questions:
First, Is the rule defective?
Second, How shall the agency be recognized which is most likely to mend
it?
These are, I should maintain, the only two questions which the public
needs to answer in order to exert the greatest influence it is capable
of exerting toward the solution of public problems. They are not,
please note, the only questions which anybody has to answer to solve a
problem. They are the only questions which a member of the public can
usefully concern himself with if he wishes to avoid ignorant meddling.
Public-domain text, read in full here on John Shaqi.
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