The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
Thus, the world of Bourgeois Society--a world, on the whole, of cash
nexus and mere protection by the State--has a structure or tendency
of its own which brings it back by necessary steps to connection with
the State proper or explicit and determinate social unity. It is,
we must observe, posterior to the State in time. It is only within
the State proper, and resting on its solid power, that such a world
as that of Bourgeois Society could arise or be conceivable. Its
priority to the State is, like that of the family, the priority of
comparative narrowness or simplicity, of dealing with fewer factors,
and of representing human nature in a more special, though necessary,
aspect. And for this very reason it could not exist by itself. It has
not the many-sided vitality indispensable to anything which is to
hold its own in the actual world.
The working of the Bourgeois Society, then, exhibits an inevitable
connection with the State proper, and, so to speak, leads up to it.
In the first place, the economic world implies the administration
of justice. In this, as involving a developed system of civilised
law, there is an advance on the “letter of the law” in its crudest
and most barbarous acceptation. The system of law of a modern
State is, and still more ought to be, [1] a fairly reasonable and
intelligible definition of the rights and relations of persons.
By this determination the economic system of particular wants and
services enters upon a first {277} approximation, as it were, to a
unity of principle. The law only professes, indeed, to _protect_
property and exchange, but in doing so it unavoidably recognises
that the particular want has a general bearing; for the developed
system of law only comes into existence to enable wants to be
supplied, and takes its definite shape according to the system of
wants. We may illustrate this first approximation to universality,
which law confers upon the particulars of private interest, by a
suggestive view which M. Durkheim has propounded. [2] He has pointed
out that the current formula for social change, “from status to
contract,” has a subtler significance than is apt to be recognised.
For contract is not really indeterminate, as if it arose _in vacuo_
without a precedent. It runs in forms determined by social experience
through law and custom; and thus the law, which professedly aims at
protecting property and exchange, necessarily regulates them by the
modes in which it chooses to protect them.
[1] Hegel pleads strongly for codification.
[2] _De la Division du Travail Social,_ 225 ff.
A more intimate relation to the State proper--to a definite
principle, as we might say, of common good--grows out of the
interests of Bourgeois Society which take the shape of what a German
calls “Police and Corporation,” _i.e._ State regulation and Trade
Societies.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account