What due notice may be in each particular case, the public cannot
say. Only the parties at interest are likely to know where the rhythm
of their affairs can be interrupted most conveniently. Due notice
will be one period of time for men operating on long commitments and
another for men operating on short ones. But the public can watch to
see whether the principle of due notice is embodied in the proposed
settlement.
To judge a new rule, then, the tests proposed here are three: Does it
provide for its own clarification? for its own amendment by consent?
for due notice that amendment will be proposed? The tests are designed
for use in judging the prospects of a settlement not by its substance
but by its procedure. A reform which satisfies these tests is normally
entitled to public support.
4
This is as far as I know how at present to work out an answer to the
question which we inherit from Aristotle: can simple criteria be
formulated which will show the bystander where to align himself in
complex affairs?
I have suggested that the main value of debate is not that it reveals
the truth about the controversy to the audience but that it may
identify the partisans. I have suggested further that a problem exists
where a rule of action is defective, and that its defectiveness can
best be judged by the public through the test of assent and the test of
conformity. For remedies I have assumed that normally the public must
turn to the Outs as against the Ins, although these wholesale judgments
may be refined by more analytical tests for specific issues. As samples
of these more analytical tests I have suggested the test of inquiry for
confused controversies, and for reforms the test of interpretation, of
amendment and of due notice.
These criteria are neither exhaustive nor definitive. Yet, however
much tests of this character are improved by practice and reflection,
it seems to me there always must remain many public affairs to which
they cannot be applied. I do not believe that the public can intervene
successfully in all public questions. Many problems cannot be advanced
by that obtuse partisanship which is fundamentally all that the public
can bring to bear upon them. There is no reason to be surprised,
therefore, if the tests I have outlined, or any others that are a vast
improvement upon them, are not readily applicable to all questions that
are raised in the discussions of the day.
Public-domain text, read in full here on John Shaqi.
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