51.The whole legal history of associations and the development of association law throws much light on the growth of the community idea.
51.The whole legal history of associations and the development of association law throws much light on the growth of the community idea.
52.Also, I recognize, because his “droit objectif†based on social solidarity tends to sweep away contract. It is interesting to notice that contract is being attacked from more than one point of view. The bearing of all this on politics will be seen later, especially inch. XXIX, “Political Pluralism and Sovereignty.â€
52.Also, I recognize, because his “droit objectif†based on social solidarity tends to sweep away contract. It is interesting to notice that contract is being attacked from more than one point of view. The bearing of all this on politics will be seen later, especially inch. XXIX, “Political Pluralism and Sovereignty.â€
53.Quoted by Roscoe Pound in Col. Law Rev. 8, 616.
53.Quoted by Roscoe Pound in Col. Law Rev. 8, 616.
54.Statutes limiting the hours of labor were held unconstitutional, railway corporations were held not to be required to furnish discharged employees with a cause for dismissal, etc.
54.Statutes limiting the hours of labor were held unconstitutional, railway corporations were held not to be required to furnish discharged employees with a cause for dismissal, etc.
55.Harlan, J., in Muglerv.Kansas, 123 U. S. 623. Taken from Roscoe Pound, Liberty of Contract, Yale Law Journal, 18, 468.
55.Harlan, J., in Muglerv.Kansas, 123 U. S. 623. Taken from Roscoe Pound, Liberty of Contract, Yale Law Journal, 18, 468.
56.The End of Law as Developed in Legal Rules and Doctrine, Harv. Law Rev. 27, 195–234.
56.The End of Law as Developed in Legal Rules and Doctrine, Harv. Law Rev. 27, 195–234.
57.“Statutes ... have taken many features of the subject out of the domain of agreement and the tendency of judicial decision has been in effect to attach rights and liabilities to the relation of insurer and insured and thus to remove insurance from the category of contract.â€
57.“Statutes ... have taken many features of the subject out of the domain of agreement and the tendency of judicial decision has been in effect to attach rights and liabilities to the relation of insurer and insured and thus to remove insurance from the category of contract.â€
58.The old idea of “contributory negligence†is seen in the following decision: “We must remember that the injury complained of is due to the negligence of a fellow workman, for which the master is responsible neither in law nor morals.†Durkinv.Coal Co. 171, Pa. St. 193, 205. Quoted by Roscoe Pound in Yale Law Journal, 18, 467.
58.The old idea of “contributory negligence†is seen in the following decision: “We must remember that the injury complained of is due to the negligence of a fellow workman, for which the master is responsible neither in law nor morals.†Durkinv.Coal Co. 171, Pa. St. 193, 205. Quoted by Roscoe Pound in Yale Law Journal, 18, 467.
59.This is the “new natural law†of which Mr. Pound speaks as “the revival of the idealist interpretation which is the enduring possession of philosophical jurisprudence.†Formerly, we are told, “equity imposed moral limitations. The law to-day is beginning to impose social limitations.†Harv. Law Rev. 27, 227.
59.This is the “new natural law†of which Mr. Pound speaks as “the revival of the idealist interpretation which is the enduring possession of philosophical jurisprudence.†Formerly, we are told, “equity imposed moral limitations. The law to-day is beginning to impose social limitations.†Harv. Law Rev. 27, 227.
60.“The Constitutional Opinions of Justice Holmes,†by Felix Frankfurter, Harv. Law Rev. 29, 683–702.
60.“The Constitutional Opinions of Justice Holmes,†by Felix Frankfurter, Harv. Law Rev. 29, 683–702.
61.Quoted by Roscoe Pound in Harv. Law Rev. 25, 505.
61.Quoted by Roscoe Pound in Harv. Law Rev. 25, 505.
62.It has been proposed that we should have trained business men on the benches of our supreme courts as well as lawyers. I should think it would be better for our lawyers to be so conversant with social facts that this need not be necessary.
62.It has been proposed that we should have trained business men on the benches of our supreme courts as well as lawyers. I should think it would be better for our lawyers to be so conversant with social facts that this need not be necessary.
63.Seech. XXIXfor the theory of “objective rights†now held by many as the basis of the new state.
63.Seech. XXIXfor the theory of “objective rights†now held by many as the basis of the new state.
64.This is a hoary quarrel. From the beginning of our government it was seen that the equal rights doctrine was a sword which could cut both ways. Both Federalists and Republicans believed in equal rights: the Federalists, therefore, wanted to protect individuals with a strong government; the Republicans wanted a weak government so that individuals could be let alone in the exercise of their equal rights.
64.This is a hoary quarrel. From the beginning of our government it was seen that the equal rights doctrine was a sword which could cut both ways. Both Federalists and Republicans believed in equal rights: the Federalists, therefore, wanted to protect individuals with a strong government; the Republicans wanted a weak government so that individuals could be let alone in the exercise of their equal rights.
65.This view of democracy was well satirized by some one, I think Lord Morley, who said, “I do not care who does the voting as long as I do the counting.â€
65.This view of democracy was well satirized by some one, I think Lord Morley, who said, “I do not care who does the voting as long as I do the counting.â€
66.Proportional representation is interesting to the view put forward in this book because it is a method to bring out all the differences.
66.Proportional representation is interesting to the view put forward in this book because it is a method to bring out all the differences.
67.Arcos, Romains and Vildrac are the chief of these. Romains, who has written “La Vie Unanime,†is the most interesting for our present purpose, for his togetherness is so plainly that of the herd:... “quelle joieDe fondre dans ton corps [le ville] immenseoú l’on a chaud!â€Here is our old friend, the wild ox, in the mask of the most civilized (perhaps) portion of our most civilised (perhaps) nation. Again“Nous sommes indistincts: chacun de nous est mort;Et la vie unanime est notre sépulture.â€
67.Arcos, Romains and Vildrac are the chief of these. Romains, who has written “La Vie Unanime,†is the most interesting for our present purpose, for his togetherness is so plainly that of the herd:
... “quelle joieDe fondre dans ton corps [le ville] immenseoú l’on a chaud!â€
... “quelle joieDe fondre dans ton corps [le ville] immenseoú l’on a chaud!â€
... “quelle joieDe fondre dans ton corps [le ville] immenseoú l’on a chaud!â€
... “quelle joie
De fondre dans ton corps [le ville] immense
oú l’on a chaud!â€
Here is our old friend, the wild ox, in the mask of the most civilized (perhaps) portion of our most civilised (perhaps) nation. Again
“Nous sommes indistincts: chacun de nous est mort;Et la vie unanime est notre sépulture.â€
“Nous sommes indistincts: chacun de nous est mort;Et la vie unanime est notre sépulture.â€
“Nous sommes indistincts: chacun de nous est mort;Et la vie unanime est notre sépulture.â€
“Nous sommes indistincts: chacun de nous est mort;
Et la vie unanime est notre sépulture.â€
68.Other results of the increased reading of newspapers and magazines are that large questions are driving out trivial interests (I find this very marked in the country), and the enormous amount of publicity now given everything finds a channel to the public through the press. The reports of commissions, like the Industrial Relations Commission, the surveys, like the Pittsburgh Survey, the reports of foundations, like the Russell Sage, the reports of the rapidly increasing bureaus of research, like the New York Municipal Bureau, all find their way to us through the columns of our daily or weekly or monthly. Therefore we have more material on which to found individual thinking.
68.Other results of the increased reading of newspapers and magazines are that large questions are driving out trivial interests (I find this very marked in the country), and the enormous amount of publicity now given everything finds a channel to the public through the press. The reports of commissions, like the Industrial Relations Commission, the surveys, like the Pittsburgh Survey, the reports of foundations, like the Russell Sage, the reports of the rapidly increasing bureaus of research, like the New York Municipal Bureau, all find their way to us through the columns of our daily or weekly or monthly. Therefore we have more material on which to found individual thinking.
69.Also the development of the relation of individualistic theories to the rise and decline of the doctrines regarding the national state.
69.Also the development of the relation of individualistic theories to the rise and decline of the doctrines regarding the national state.
70.I do not wish, however, to minimize the truly democratic nature of our local institutions.
70.I do not wish, however, to minimize the truly democratic nature of our local institutions.
71.While it is true that there were undemocratic elements in the mental equipment and psychological bent of our forefathers, and it is these which I have emphasized because from them came our immediate development, it is equally true that there were also sound democratic elements to which we can trace our present ideas of democracy. Such tracing even in briefest form there is not space for here.
71.While it is true that there were undemocratic elements in the mental equipment and psychological bent of our forefathers, and it is these which I have emphasized because from them came our immediate development, it is equally true that there were also sound democratic elements to which we can trace our present ideas of democracy. Such tracing even in briefest form there is not space for here.
72.It became at once evident that a government whose chief function was to see that individual rights, property rights, state rights, were not invaded, was hardly adequate to unite our colonies with all their separatist instincts, or to meet the needs of a rapidly developing continent. Our national government at once adopted a constructive policy. Guided by Hamilton it assumed constructive powers authority for which could be found in the constitution only by a most liberal construction of its terms. When Jefferson, an antinationalist, acquired Louisiana in 1803, it seemed plain that no such restricted national government as was at first conceived could possibly work.
72.It became at once evident that a government whose chief function was to see that individual rights, property rights, state rights, were not invaded, was hardly adequate to unite our colonies with all their separatist instincts, or to meet the needs of a rapidly developing continent. Our national government at once adopted a constructive policy. Guided by Hamilton it assumed constructive powers authority for which could be found in the constitution only by a most liberal construction of its terms. When Jefferson, an antinationalist, acquired Louisiana in 1803, it seemed plain that no such restricted national government as was at first conceived could possibly work.
73.These English writers to whom our debt is so large are not responsible for this, but their misinterpreters.
73.These English writers to whom our debt is so large are not responsible for this, but their misinterpreters.
74.With the executive and legislative limited in their powers, the decisions of the courts gradually came, especially as they developed constructive powers, to be a body of law which guided the American people.
74.With the executive and legislative limited in their powers, the decisions of the courts gradually came, especially as they developed constructive powers, to be a body of law which guided the American people.
75.For ways of doing this seePart III.
75.For ways of doing this seePart III.
76.We used to think frequent elections democratic. Now we know that they mean simply an increase of party influence and a decrease of official responsibility.
76.We used to think frequent elections democratic. Now we know that they mean simply an increase of party influence and a decrease of official responsibility.
77.Seech. XXX, “Political Pluralism and Functionalism.â€
77.Seech. XXX, “Political Pluralism and Functionalism.â€
78.Laissez-fairewas popular when there were great numbers of individual producers. When the large-scale business system made wage-earners of these, there was the beginning of the break-down oflaissez-faire.
78.Laissez-fairewas popular when there were great numbers of individual producers. When the large-scale business system made wage-earners of these, there was the beginning of the break-down oflaissez-faire.
79.Besides the more obvious one of “universal suffrage.â€
79.Besides the more obvious one of “universal suffrage.â€
80.This movement to form societies based on our occupations is of course, although usually unconscious, part of the whole syndicalist movement, and as such has real advantages which will be taken up later.
80.This movement to form societies based on our occupations is of course, although usually unconscious, part of the whole syndicalist movement, and as such has real advantages which will be taken up later.
81.Since April, 1917, with the rapidly extending use of the schoolhouse as a centre for war services, these numbers have probably greatly increased.
81.Since April, 1917, with the rapidly extending use of the schoolhouse as a centre for war services, these numbers have probably greatly increased.
82.See Appendix,The Training for the New Democracy.
82.See Appendix,The Training for the New Democracy.
83.That it is also in many instances leading the way to real community organization makes it one of the most valuable movements of our time.
83.That it is also in many instances leading the way to real community organization makes it one of the most valuable movements of our time.
84.Public opinion in a true democracy is a potential will. Therefore for practical purposes they are identical and I use them synonymously.
84.Public opinion in a true democracy is a potential will. Therefore for practical purposes they are identical and I use them synonymously.
85.Our federal system of checks and balances thwarted the will of the people. The party system thwarted the will of the people. Our state governments were never designed to get at the will of the people.
85.Our federal system of checks and balances thwarted the will of the people. The party system thwarted the will of the people. Our state governments were never designed to get at the will of the people.
86.The war has shown us that our national agricultural program can best be done on a coöperative neighborhood basis: through the establishment of community agricultural conferences, community labor, seed and implement exchanges, community canning centres, community markets, etc.
86.The war has shown us that our national agricultural program can best be done on a coöperative neighborhood basis: through the establishment of community agricultural conferences, community labor, seed and implement exchanges, community canning centres, community markets, etc.
87.I do not mean to imply that I think it is easy to learn how to identify ourselves with our city, especially for those who live in large cities. The men of a small town know that if they have a new town-hall they will have to pay for it. In a large city men ask for a ward building because they will not have to pay for it, they think. It is all this which neighborhood organization and the integration of neighborhoods, of which I shall speak later, must remedy.
87.I do not mean to imply that I think it is easy to learn how to identify ourselves with our city, especially for those who live in large cities. The men of a small town know that if they have a new town-hall they will have to pay for it. In a large city men ask for a ward building because they will not have to pay for it, they think. It is all this which neighborhood organization and the integration of neighborhoods, of which I shall speak later, must remedy.
88.The plan of Mr. and Mrs. Wilbur Phillips for community organization and for the connection with it of expert service is too comprehensive to describe here, but based as it is on their actual experience, and planning as it does for the training of whole neighborhoods and the arousing of them to responsibility and action, it should be studied by every one, for such plans are, I believe, the best signs we have that democracy is yet possible for America.
88.The plan of Mr. and Mrs. Wilbur Phillips for community organization and for the connection with it of expert service is too comprehensive to describe here, but based as it is on their actual experience, and planning as it does for the training of whole neighborhoods and the arousing of them to responsibility and action, it should be studied by every one, for such plans are, I believe, the best signs we have that democracy is yet possible for America.
89.How much we are all indebted to the settlements as the pioneer neighborhood movement I do not stop to consider here.
89.How much we are all indebted to the settlements as the pioneer neighborhood movement I do not stop to consider here.
90.This point will be taken up inch. XXXIII.
90.This point will be taken up inch. XXXIII.
91.Or perhaps the Senate might represent the occupational group (seech. XXXIII). Or perhaps the experts mentioned above might be representatives from occupational groups.
91.Or perhaps the Senate might represent the occupational group (seech. XXXIII). Or perhaps the experts mentioned above might be representatives from occupational groups.
92.In North Carolina the recently organized State Bureau of Community Service—made up of the administrators of the Department of Agriculture, the Board of Health, the Normal and Industrial College and the Farmers’ Union, with the State Superintendent of Public Instruction as its central executive—is making its immediate work the development of local community organization which shall be directly articulated with a unified state organization.
92.In North Carolina the recently organized State Bureau of Community Service—made up of the administrators of the Department of Agriculture, the Board of Health, the Normal and Industrial College and the Farmers’ Union, with the State Superintendent of Public Instruction as its central executive—is making its immediate work the development of local community organization which shall be directly articulated with a unified state organization.
93.The Community Council, however, is not to duplicate other organizations but first to coördinate all existing agencies before planning new activities.
93.The Community Council, however, is not to duplicate other organizations but first to coördinate all existing agencies before planning new activities.
94.And spontaneously many towns and villages turned to the schoolhouse as the natural centre of its war services.
94.And spontaneously many towns and villages turned to the schoolhouse as the natural centre of its war services.
95.For the moment I ignore the occupational group to be considered later.
95.For the moment I ignore the occupational group to be considered later.
96.I have taken this account from the official report. I have been told by New York people that these commissions have shown few signs of life. This does not, however, seem to me to detract from the value of the plan as a suggestion, or as indication of what is seen to be advisable if not yet wholly practicable. The New York charter provides for Local Improvement Boards as connecting links with the central government, but these I am told have shown no life whatever.
96.I have taken this account from the official report. I have been told by New York people that these commissions have shown few signs of life. This does not, however, seem to me to detract from the value of the plan as a suggestion, or as indication of what is seen to be advisable if not yet wholly practicable. The New York charter provides for Local Improvement Boards as connecting links with the central government, but these I am told have shown no life whatever.
97.Léon Duguit, Graham Wallis, Arthur Christensen, Norman Angell, etc.
97.Léon Duguit, Graham Wallis, Arthur Christensen, Norman Angell, etc.
98.The fatal flaw of guild socialism is this separation of economics and politics. First, the interests of citizenship and guild-membership are not distinct; secondly, in any proper system of occupational representation every one should be included—vocational representation should not be trade representation; third, as long as you call the affairs of the guilds “material,†and say that the politics of the state should be purified of financial interests, you burn every bridge which might make a unity of financial interests and sound state policy. Guild socialism, however, because it is a carefully worked out plan for the control of industry by those who take part in it, is one of the most well worth considering of the proposals at present before us.
98.The fatal flaw of guild socialism is this separation of economics and politics. First, the interests of citizenship and guild-membership are not distinct; secondly, in any proper system of occupational representation every one should be included—vocational representation should not be trade representation; third, as long as you call the affairs of the guilds “material,†and say that the politics of the state should be purified of financial interests, you burn every bridge which might make a unity of financial interests and sound state policy. Guild socialism, however, because it is a carefully worked out plan for the control of industry by those who take part in it, is one of the most well worth considering of the proposals at present before us.
99.See G. D. H. Cole, “The World of Labor,†for the relation of trade unionism to guild socialism.
99.See G. D. H. Cole, “The World of Labor,†for the relation of trade unionism to guild socialism.
100.See especially “Churches in the Modern State†and “Studies in Political Thought from Gerson to Grotius.â€
100.See especially “Churches in the Modern State†and “Studies in Political Thought from Gerson to Grotius.â€
101.See also Mr. Laski’s articles: “The Personality of Associations,†Harv. Law Rev. 29, 404–426, and “Early History of the Corporation in England,†Harv. Law Rev.: 30, 561–588. This is the kind of work which is breaking the way for a new conception of politics.
101.See also Mr. Laski’s articles: “The Personality of Associations,†Harv. Law Rev. 29, 404–426, and “Early History of the Corporation in England,†Harv. Law Rev.: 30, 561–588. This is the kind of work which is breaking the way for a new conception of politics.
102.It must be understood that all I say does not apply to all the pluralists. For the sake of brevity I consider them as a school although they differ widely. Moreover, for convenience I am using the word pluralist roughly and in a sense inaccurately to include all those who are advocating a multiple group organization as the basis of a new state. Most of these agree in making the group rather than the individual the unit of politics, in their support of group “rights,†the “consent†of the group, the “balance†of groups, and in their belief that “rights†should be based on function. But syndicalists and guild socialists are not strictly pluralists since they build up a system based on the occupational group; yet the name is not wholly inapplicable, for, since the guild socialists base their state on balancing groups, that state cannot be called a unified state. It is too early yet to speak of this school with entire accuracy, and in fact there is no “school.â€
102.It must be understood that all I say does not apply to all the pluralists. For the sake of brevity I consider them as a school although they differ widely. Moreover, for convenience I am using the word pluralist roughly and in a sense inaccurately to include all those who are advocating a multiple group organization as the basis of a new state. Most of these agree in making the group rather than the individual the unit of politics, in their support of group “rights,†the “consent†of the group, the “balance†of groups, and in their belief that “rights†should be based on function. But syndicalists and guild socialists are not strictly pluralists since they build up a system based on the occupational group; yet the name is not wholly inapplicable, for, since the guild socialists base their state on balancing groups, that state cannot be called a unified state. It is too early yet to speak of this school with entire accuracy, and in fact there is no “school.â€
103.From this was taken, Gierke tells us, modern German “fellowship.â€
103.From this was taken, Gierke tells us, modern German “fellowship.â€
104.And the individual was certainly as prominent in medieval theory as the community of individuals, a fact which the vigorous corporate life of the Middle Ages may lead us to forget.
104.And the individual was certainly as prominent in medieval theory as the community of individuals, a fact which the vigorous corporate life of the Middle Ages may lead us to forget.
105.See writings of Ramiro de Maeztu in New Age and his book mentioned above.
105.See writings of Ramiro de Maeztu in New Age and his book mentioned above.
106.See “Traité de Droit Constitutionnel†and “Études de Droit Publicâ€: I,L’État, Le Droit Objectif et La Loi Positive; II,L’État, Les Gouvernants and Les Agents.As in Frenchdroitmay be either law oraright, Duguit, in order to distinguish between these meanings, follows the German distinction ofobjektives Rechtandsubjektives Recht, and speaks ofle droit objectifandle droit subjectif, thus meaning byle droit objectifmerely law. But because he at the same time writes of power as resting on function in contradistinction to the classical theory of the abstract “rights†of man, rights apart from law and only declared by law, political writers sometimes speak of Duguit’s “objective†theory of law, as opposed to a “subjective†theory of law, when jurists would tell us that lawisobjective, and that subjective right is always merelyaright, my right. This matter of terminology must be made much clearer than it is at present.
106.See “Traité de Droit Constitutionnel†and “Études de Droit Publicâ€: I,L’État, Le Droit Objectif et La Loi Positive; II,L’État, Les Gouvernants and Les Agents.
As in Frenchdroitmay be either law oraright, Duguit, in order to distinguish between these meanings, follows the German distinction ofobjektives Rechtandsubjektives Recht, and speaks ofle droit objectifandle droit subjectif, thus meaning byle droit objectifmerely law. But because he at the same time writes of power as resting on function in contradistinction to the classical theory of the abstract “rights†of man, rights apart from law and only declared by law, political writers sometimes speak of Duguit’s “objective†theory of law, as opposed to a “subjective†theory of law, when jurists would tell us that lawisobjective, and that subjective right is always merelyaright, my right. This matter of terminology must be made much clearer than it is at present.
107.Although how far Duguit had in mind merely the solidarity of French and Roman law has been questioned.
107.Although how far Duguit had in mind merely the solidarity of French and Roman law has been questioned.
108.I have just read in a work on sociology, “Men surrender their individual wills to the collective will.†No, the true social process is not when theysurrenderbut when theycontributetheir wills to the collective will. Seechs. II-VI, “The Group Process.â€
108.I have just read in a work on sociology, “Men surrender their individual wills to the collective will.†No, the true social process is not when theysurrenderbut when theycontributetheir wills to the collective will. Seechs. II-VI, “The Group Process.â€
109.See p.130.
109.See p.130.
110.De Maeztu tells us, “Rights do not arise from personality. This idea is mystic and unnecessary. Rights arise primarily from the relation of the associated with the thing which associates them....†Authority, Liberty, and Function, p. 250.Mr. Barker substitutes purpose for personality and will as the unifying bond of associations, and says that we thus get rid of “murder in the air†when it is a question of the “competition of ideas, not of real collective personalities.†(See “The Discredited State,†inThe Political Quarterly, February, 1915.) This seems a curiously anthropomorphic, so to speak, idea of personality for a twentieth-century writer. The article is, however, an interesting and valuable one.See also Pollock and Maitland, History of English Law, I, 472.
110.De Maeztu tells us, “Rights do not arise from personality. This idea is mystic and unnecessary. Rights arise primarily from the relation of the associated with the thing which associates them....†Authority, Liberty, and Function, p. 250.
Mr. Barker substitutes purpose for personality and will as the unifying bond of associations, and says that we thus get rid of “murder in the air†when it is a question of the “competition of ideas, not of real collective personalities.†(See “The Discredited State,†inThe Political Quarterly, February, 1915.) This seems a curiously anthropomorphic, so to speak, idea of personality for a twentieth-century writer. The article is, however, an interesting and valuable one.
See also Pollock and Maitland, History of English Law, I, 472.
111.See “Underlying Principles of Legislation.â€
111.See “Underlying Principles of Legislation.â€
112.The teleological school of sociology is interesting just here. While it marked a long advance on older theories, the true place of selection of ends is to-day more clearly seen. We were told: “Men have wants, therefore they come together to seek means to satisfy those wants.†When do men “come together� When were they ever separated? But it is not necessary to push this further.
112.The teleological school of sociology is interesting just here. While it marked a long advance on older theories, the true place of selection of ends is to-day more clearly seen. We were told: “Men have wants, therefore they come together to seek means to satisfy those wants.†When do men “come together� When were they ever separated? But it is not necessary to push this further.
113.I have tried not to jump the track from legal right to ethical right but occasionally one can speak of them together, if it is understood that one is not thereby merging them.
113.I have tried not to jump the track from legal right to ethical right but occasionally one can speak of them together, if it is understood that one is not thereby merging them.
114.The old consent theory assumes that some make the laws and others obey them. In the true democracy we shall obey the laws we have ourselves made. To find the methods by which we can be approaching the true democracy is now our task; we can never rest satisfied with “consent.â€
114.The old consent theory assumes that some make the laws and others obey them. In the true democracy we shall obey the laws we have ourselves made. To find the methods by which we can be approaching the true democracy is now our task; we can never rest satisfied with “consent.â€
115.Although I do not agree with the form individualism takes in his doctrine.
115.Although I do not agree with the form individualism takes in his doctrine.
116.Some of the pluralists are concerned, I recognize, with the fact rather than the right of sovereignty.
116.Some of the pluralists are concerned, I recognize, with the fact rather than the right of sovereignty.
117.The trouble with the pluralists is that their emphasis is not on the fact that the group creates its own personality, but on the fact that the state doesnotcreate it. When they change this emphasis, their thinking will be unchained, I believe, and leap ahead to the constructive work which we eagerly await and expect from them.
117.The trouble with the pluralists is that their emphasis is not on the fact that the group creates its own personality, but on the fact that the state doesnotcreate it. When they change this emphasis, their thinking will be unchained, I believe, and leap ahead to the constructive work which we eagerly await and expect from them.
118.It is also necessary to an understanding of the new international law. Seech. XXXV, “The World State.â€
118.It is also necessary to an understanding of the new international law. Seech. XXXV, “The World State.â€
119.No one has yet given us a satisfactory account of the history of the notion of sovereignty: just how and in what degree it has been affected by history, by philosophy, by jurisprudence, etc., and how all these have interacted. We have not only to disentangle many strands to trace each to its source, but we have, moreover, just not to disentangle them, but to understand the constant interweaving of all. To watch the interplay of legal theory and political philosophy from the Middle Ages down to the present day is one of the most interesting parts of our reading, but perhaps nowhere is it more fruitful than in the idea of sovereignty. We see the corporation long ignored and the idea of legal partnership influencing the development of the social contract theory, which in its turn reacted on legal theory. We find the juristic conception of group personality, clearly seen as early as Althusius (1557–1638), and revived and expanded by Gierke, influencing the whole German school of “group sociologists.†But to-day are not many of us agreed that however interesting such historical tracing, our present notion of sovereignty must rest on what we learn from group psychology?
119.No one has yet given us a satisfactory account of the history of the notion of sovereignty: just how and in what degree it has been affected by history, by philosophy, by jurisprudence, etc., and how all these have interacted. We have not only to disentangle many strands to trace each to its source, but we have, moreover, just not to disentangle them, but to understand the constant interweaving of all. To watch the interplay of legal theory and political philosophy from the Middle Ages down to the present day is one of the most interesting parts of our reading, but perhaps nowhere is it more fruitful than in the idea of sovereignty. We see the corporation long ignored and the idea of legal partnership influencing the development of the social contract theory, which in its turn reacted on legal theory. We find the juristic conception of group personality, clearly seen as early as Althusius (1557–1638), and revived and expanded by Gierke, influencing the whole German school of “group sociologists.†But to-day are not many of us agreed that however interesting such historical tracing, our present notion of sovereignty must rest on what we learn from group psychology?
120.The French syndicalists avowedly do not want democracy because it “mixes the classes,†because, as they say, interests and aims mingle in one great mass in which all true significance is lost.
120.The French syndicalists avowedly do not want democracy because it “mixes the classes,†because, as they say, interests and aims mingle in one great mass in which all true significance is lost.
121.See p.184.
121.See p.184.
122.This is the basis of Duguit’s international law—the place of a state in an international league is to be determined directly by services rendered.
122.This is the basis of Duguit’s international law—the place of a state in an international league is to be determined directly by services rendered.
123.Quoted by Duguit.
123.Quoted by Duguit.
124.It must be remembered, however, that while in the Civil War we definitely gave up the compact theory held by us since the Mayflower compact, yet we did not adopt the organism theory. The federal state we have tried and are trying to work out in America is based on the principles of psychic unity described inchapter X. The giving up of the “consent†theory does not bring us necessarily to the organic theory of society.
124.It must be remembered, however, that while in the Civil War we definitely gave up the compact theory held by us since the Mayflower compact, yet we did not adopt the organism theory. The federal state we have tried and are trying to work out in America is based on the principles of psychic unity described inchapter X. The giving up of the “consent†theory does not bring us necessarily to the organic theory of society.
125.Duguit says that the United States confers the rights of a state on a territory. No, it recognizes that which already exists.
125.Duguit says that the United States confers the rights of a state on a territory. No, it recognizes that which already exists.
126.“The word ‘and’ trails along after every sentence. Something always escapes.... The pluralistic world is thus more like a federal republic than like an empire or a kingdom.†“A Pluralistic Universe,†321–322.
126.“The word ‘and’ trails along after every sentence. Something always escapes.... The pluralistic world is thus more like a federal republic than like an empire or a kingdom.†“A Pluralistic Universe,†321–322.
127.When they say that the passion for unity is the urge for a dominant One, they think of the dominant One as outside.
127.When they say that the passion for unity is the urge for a dominant One, they think of the dominant One as outside.
128.One of the pluralists says, “I cannot see that ... sovereignty is the unique property of any one association.†No, not sovereignty over “others,†but sovereignty always belongs to any genuine group; as groups join to form another real group, the sovereignty of the more inclusive group is evolved—that is the only kind of state sovereignty which we can recognize as legitimate. (Seech. XXIXon “Political Pluralism and Sovereignty.â€)
128.One of the pluralists says, “I cannot see that ... sovereignty is the unique property of any one association.†No, not sovereignty over “others,†but sovereignty always belongs to any genuine group; as groups join to form another real group, the sovereignty of the more inclusive group is evolved—that is the only kind of state sovereignty which we can recognize as legitimate. (Seech. XXIXon “Political Pluralism and Sovereignty.â€)
129.Seech. XV.
129.Seech. XV.
130.Mr. Laski is an exception to many writers on “consent.†When he speaks of consent he is referring only to the actual facts of to-day. Denying the sovereignty postulated by the lawyers (he says you can never find in a community any one will which is certain of obedience), he shows that as a matter of fact the state sovereignty we have now rests on consent. I do not wish to confuse the issue between facts of the present and hopes for the future, but I wish to make a distinction between the “sovereignty†of the present end the sovereignty which I hope we can grow. This distinction is implicit in Mr. Laski’s book, but it is lacking in much of the writing on the “consent of the governed.â€
130.Mr. Laski is an exception to many writers on “consent.†When he speaks of consent he is referring only to the actual facts of to-day. Denying the sovereignty postulated by the lawyers (he says you can never find in a community any one will which is certain of obedience), he shows that as a matter of fact the state sovereignty we have now rests on consent. I do not wish to confuse the issue between facts of the present and hopes for the future, but I wish to make a distinction between the “sovereignty†of the present end the sovereignty which I hope we can grow. This distinction is implicit in Mr. Laski’s book, but it is lacking in much of the writing on the “consent of the governed.â€
131.Wherever you have the social contract theory in any form, and assent as the foundation of power, there is no social process going on; the state is an arbitrary creation of men. Group organization to-day must give up any taint whatever of the social contract and rest squarely and fully on its legitimate psychological basis.
131.Wherever you have the social contract theory in any form, and assent as the foundation of power, there is no social process going on; the state is an arbitrary creation of men. Group organization to-day must give up any taint whatever of the social contract and rest squarely and fully on its legitimate psychological basis.
132.This is perhaps a remnant of the nineteenth-century myth that competition is the mode of progress.
132.This is perhaps a remnant of the nineteenth-century myth that competition is the mode of progress.
133.Seep. 39,note.
133.Seep. 39,note.
134.Mr. Laski, I think.
134.Mr. Laski, I think.
135.It does not matter in the terms of which branch of study you express it—philosophy, sociology, or political science—it is always the same problem.
135.It does not matter in the terms of which branch of study you express it—philosophy, sociology, or political science—it is always the same problem.
136.See pp.199–201.
136.See pp.199–201.
137.Some writers talk of trade representation vs. party organization as if in the trade group you are rid of party. Have they studied the politics of trade unionism? In neither the trade group nor the neighborhood group do you automatically get rid of the party spirit. That will be a slow growth indeed.
137.Some writers talk of trade representation vs. party organization as if in the trade group you are rid of party. Have they studied the politics of trade unionism? In neither the trade group nor the neighborhood group do you automatically get rid of the party spirit. That will be a slow growth indeed.
138.Yet perhaps the trade-union has been one of the truest groups, one of the most effective teachers of genuine group lessons which we have yet seen. Increased wages, improved conditions, are always for the group. The trade-unionist feels group-wants; he seeks to satisfy these through group action. Moreover the terms of a collective bargain cannot be enforced without a certain amount of group solidarity. In strikes workmen often sacrifice their own interests for what will benefit the union: the individual—I may prefer his present wages to the privations of a strike; the group-I wants to raise the wages of the whole union.
138.Yet perhaps the trade-union has been one of the truest groups, one of the most effective teachers of genuine group lessons which we have yet seen. Increased wages, improved conditions, are always for the group. The trade-unionist feels group-wants; he seeks to satisfy these through group action. Moreover the terms of a collective bargain cannot be enforced without a certain amount of group solidarity. In strikes workmen often sacrifice their own interests for what will benefit the union: the individual—I may prefer his present wages to the privations of a strike; the group-I wants to raise the wages of the whole union.
139.I have not in this brief statement distinguished between government “ownership,†“control,†“regulation,†etc. See “War-Time Control of Industry†by Howard L. Gray.
139.I have not in this brief statement distinguished between government “ownership,†“control,†“regulation,†etc. See “War-Time Control of Industry†by Howard L. Gray.
140.“Representative Government in British Industry†by J. A. Hobson, inNew Republic, September 1, 1917.
140.“Representative Government in British Industry†by J. A. Hobson, inNew Republic, September 1, 1917.
141.See p.120.
141.See p.120.
142.Following the precedent of England which provided, under the Munitions of War act and other legislation, machinery (joint boards representing employers and employed) for the prevention and adjustment of labor disputes.
142.Following the precedent of England which provided, under the Munitions of War act and other legislation, machinery (joint boards representing employers and employed) for the prevention and adjustment of labor disputes.
143.Christensen, “Politics and Crowd Morality,†p. 238.
143.Christensen, “Politics and Crowd Morality,†p. 238.
144.See pp.58–59.
144.See pp.58–59.
145.It has usually been supposed that wars have been the all-important element in consolidating nations; I do not want to disregard this element, I want only to warn against its over emphasis. Moreover, the way in which wars have had a real and permanent influence in the consolidation of nations is by the pressure which they have exerted upon them in showing them that efficiency is obtained by the closest coöperation and coördination of all our activities, by a high degree of internal organization.
145.It has usually been supposed that wars have been the all-important element in consolidating nations; I do not want to disregard this element, I want only to warn against its over emphasis. Moreover, the way in which wars have had a real and permanent influence in the consolidation of nations is by the pressure which they have exerted upon them in showing them that efficiency is obtained by the closest coöperation and coördination of all our activities, by a high degree of internal organization.
146.The western states feel that they are training members of society and not individuals and that is why it seems proper to them to take public money to found state universities.
146.The western states feel that they are training members of society and not individuals and that is why it seems proper to them to take public money to found state universities.
147.A little girl I know said, “Mother, if women get the vote, shall Ihaveto be President?â€
147.A little girl I know said, “Mother, if women get the vote, shall Ihaveto be President?â€
148See pp.208–212.
148See pp.208–212.
149.Also men have less opportunity for discussion at work than formerly.
149.Also men have less opportunity for discussion at work than formerly.
Transcriber’s NotesHyphenation has not been regularized, and remains as printed.New original cover art included with this eBook is granted to the public domain.Archaic and non-standard spelling has been retained. Instances of what seem to be obvious printer’s errors have been corrected. Changes made are listed below:Pg. 20: Corrected typo: ‘Social Psycology’ to ‘Psychology’Pg. 34: Changed comma for period at end of sentence: ‘a collective will,’ to ‘will.’Pg. 43: Corrected typo: ‘rather perhaps indentified’ to ‘identified’Pg. 98: Added umlaut for consistency: ‘compatible with cooperation’ to ‘coöperation’Pg. 123: Added accent as in other instances: ‘L’Etat, Le Droit Objectif’ to ‘L’État’Pg. 205: Corrected typo: ‘these inner forces most’ to ‘must’Pg. 234: Added missing punctuation after abbreviation: ‘education, sanitation etc,’ to ‘etc.,’Pg. 255: Corrected typo: ‘only shall we undersand’ to ‘understand’Pg. 273: Corrected typo: ‘either law or a rigat’ to ‘right’Pg. 274: Added missing accent: ‘métaphysique ou religieux’ to ‘oú’Pg. 278: Corrected typo: ‘through the varous’ to ‘various’Pg. 311: Corrected typo: ‘we are to be constitutent’ to ‘constituent’Pg. 334: Added umlaut for consistency: ‘pre-eminently the opportunity’ to ‘preëminently’Pg. 336: Corrected typo: ‘city is not analagous’ to ‘analogous’Pg. 347: Corrected typo: ‘a nation is a crowd, partiotism’ to ‘patriotism’Pg. 353: Corrected typo: ‘consider themeslves’ to ‘themselves’
Transcriber’s Notes
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Transcriber’s Notes