The Philosophical Theory of the State — John Shaqi
The Philosophical Theory of the StateBosanquet, Bernard
Philosophy
The Philosophical Theory of the State
Bosanquet, Bernard
Political science -- Philosophy; State, The -- Philosophy
Therefore the facts of Jurisprudence and the Science of Right, or
of “Natural Right,” as the issue and outcome of Jurisprudence,
necessarily counterbalance the extreme ideas of continuous growth and
natural causation which social science derives from other analogies.
We are reminded that, after all, we are dealing with a self-conscious
purposive organism, which is aware of a better and a worse, and
has members bound together by conscious intelligence, though, it
may be, not by conscious intelligence alone. At one time the ideas
of Jurisprudence, such as Sovereignty or Contract, were considered
sufficient by themselves to equip a social theory. And if they are
now seen to need completion from both sides,--from the side of lower
nature, and from the side of the national spirit and culture,--this
should not make us neglectful of the important truths which the facts
of law and recognised obligation, more than any others, establish on
solid ground.
_b_. It is of course the case that Law has been treated from the
standpoint of economic history in the same way as the other phenomena
of civilised life. It may be taken simply as the form into which
substantive relations crystallise, under the influence of economic
conditions or of other elementary social forces. And obviously such
a view has its truth. The social will, like the will of any one of
us from day to day, is formed not _in vacuo_, but as the focus of
all the influences which penetrate our being. It is a fair object of
{37} research to ascertain the economic or other social meaning of
the statutes which we find on the statute book; and it is because
they have so much meaning that they are excellent object-lessons in
the play of the social consciousness and sense of right. But this
focussing of social influences makes the laws not less acts of social
will, but more. To suppose the contrary would be like supposing
that nothing is a true act of will which embodies an individual’s
distinctive purposes in life.
I will explain by an illustration the relative value of sociological
analysis in dealing with the facts of positive law. I am indebted
for it to M. Durkheim, whose writings appear to me among the most
original and suggestive works of modern sociology. I regret that my
immediate purpose does not justify me in stating and appreciating the
whole very interesting theory of repressive and contractual law from
which the point in question is selected.
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