The Unfinished Programme of DemocracyRoberts, Richard
Philosophy
The Unfinished Programme of Democracy
Roberts, Richard
Democracy; Social history
THE war has given the _coup de grace_ to the Sovereign State. It was on
its last legs before the war. It is certain that Mr. Combes’ affirmation
of state absolutism during the debates on the disestablishment of the
Catholic Church in France, was the last serious stand of this doctrine
in democratic communities. In England the doctrine was never securely
rooted; certainly it has not gained an unquestioned ascendency over
political thought for any considerable period of time; and the exploit
of Austinian legalism which (in the Scottish Churches’ case) denied to a
church the right to govern itself had virtually to be annulled by a
special Act of Parliament. During the war the claim of the State upon
the individual has naturally attained a point which in normal times
would have been unthinkable; but this was confessedly the result of an
emergency and not a rule for ordinary conditions of life. The German
performance during the war has revealed the logic of state-absolutism in
far too vivid a fashion for any of the somewhat turgid exaltation of the
state by academic people in the days previous to the war to survive on
any terms. To rebut the doctrine of state-absolutism at this time would
be merely to flog a dead horse.
But long before the war the absolutist theory was being undermined. In
the region of law and political theory the criticism of F. W. Maitland,
Nevill Figgis, Duguit, and others had raised a very definite challenge
to the doctrine of state-omnicompetency. But of much greater influence
in the actual business of modifying the current conception of the state
was the growing tendency to form independent foci of authority within
the commonwealth. One obvious case of the kind is the institution of the
Bank Clearing House which represents the last stage in the process by
which the business of exchange has passed from the state into the hands
of an independent body which exercises in its own sphere an authority
which is hardly to be resisted; and the present movement for the
amalgamation of large banking concerns makes it not impossible that
should the banking interest come into collision with the State, there
would be a very exciting tug-of-war. The medical profession took up an
attitude of organised opposition to the State in the matter of the
British Health Insurance Act; and other professional associations are
to-day so highly organised that in the event of a collision with the
State, it is at least doubtful how the issue would be decided. In the
case of the Taff Vale decision which rendered a Trade Union liable to
prosecution for illegal action by its members, so threatening a protest
ensued that the legal decision had virtually to be reversed by special
legislation; and the growing solidarity of organised labour again
creates a problem of state authority which is not easily soluble, and
which (it is not inconceivable) may at last have to be solved by a trial
of strength.[37] It is no longer possible to assume that the philosophy
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