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THE NEW STATE di Mary Parker Follett | |
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The Occupational Group WHAT does group psychology teach us, as far as we at present understand
it, in regard to sovereignty? How does the group get its power? By
each one giving up his sovereignty? Never. By some one from outside
presenting it with authority? No, although that is the basis of much
of our older legal theory. Real authority inheres in a genuine whole.
The individual is sovereign over himself as far as he unifies the
heterogeneous elements of his nature. Two people are sovereign over
themselves as far as they are capable of creating one out of two.
A group is sovereign over itself as far as it is capable of creating
one out of several or many. A state is sovereign only as it has the
power of creating one in which all are. Sovereignty is the power engendered
by a complete I have said that many of the pluralists are opposed to the monistic
state because they do not see that a collective and distributive sovereignty
can exist together. They talk of the Many and the One without analyzing
the process by which the Many and the One are creating each other.
We now see that the problem of the compounding of consciousness, of
the One and the Many, need not be It is to be solved through a laboratory study of group psychology. The seeking of the organs of society which are the immediate source
of legal sanctions, the seeking of the ultimate source of political
control -- these are the quests of jurists and political philosophers.
To their search must be added a study of the process by which a genuine
sovereignty is created. The political pluralists are reacting against
the sovereignty which our legal theory postulates, for they see that
there is no such thing actually, but if sovereignty is at present
a legal fiction, the matter need not The idea of sovereignty held by guild socialists [1] is based largely on the so-called "objective" theory of _le droit_ expounded by M. Leon Duguit of Bordeaux. This theory is accepted as the "juridical basis" of a new state, what some call the functionarist state [2]. Man, Duguit tells us, has no rights as man, but only as a member of the social order. His rights are based on the fact of social interdependence -- on his relations and consequent obligations. In fact he has no rights, but duties and powers. All power and all obligation is found in "social solidarity," in a constantly evolving social solidarity [3]. 1. See writings of Ramiro de Maeztu in New Age and his book mentioned above. 2. See "Traite de Droit Constitutionnel" and "Etudes
de Droit Public": I, L'Etat, Le Droit Objectif et La Loi Positive;
II, L'Etat, Les Gouvernants and Les Agents. 3. Although how far Duguit had in mind merely the solidarity of French and Roman law has been questioned. The elaboration of this theory is Duguit's large contribution to
political thought. His _droit_ is a dynamic law -- it can never be
captured and fixed. The essential weakness of his doctrine is that
he denies the possibility of a collective will, which means that he
ignores the psychology of the social process. He and his followers
reject the notion of a collective will as "_concept de l'esprit
de'nue de toute re'alite' positive_." If this is their idea of
a collective will, they are right to reject it. I ask for its But Duguit says that if there were a collective will there is no
reason why it should impose itself on the individual wills. "_L'affirmat
ion que la collectivile a le pouvoir le'gitime de commander force
qu'elle est la collectivite", est une affirmation d'ordre me'taphysique
ou religieux_. . . ." This in itself shows a 1. 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 they _surrender_ but when they _contribute_
their wills to the collective will. See chs. Five people produce a collective idea, a collective will. That will
becomes at once an imperative upon those five people. It is not an
imperative upon any one else. On the other hand no one else can make
imperatives for those five people. It has been generated by the social
process which is a self-sufficing, all-inclusive process. The same
process which creates the collective will creates at the same time
the imperative of the collective will. It is absolutely impossible
to give self-government: no one has the right to give it; no one has
the power to give it. Group A _allows_ group B to govern itself. This
is an empty permission unless B has _learned how_ to govern itself.
Self-government must always be Many of Duguit's errors come from a misconception of the social
process. Violently opposed to a collective will, he sees in the individual
thought and will the only genuine "_chose en soi_" (it is
interesting to notice that _la chose en soi_ finds a place in the
thought of many pluralists). Not admitting the process of "community"
he asserts that _la re'gle de droit_ is anterior and superior to the
state; he does not see the true relation of _le droit_ to l'e'tat_,
that they evolve together, that the same "Positive law must constantly follow _le droit objectif_."
Of course. "_Le droit objectif_ is constantly evolving."
Certainly. 1. See p. 130. The modern tendency in many quarters, however, in regard to conceptions of social practice, is to substitute ends for will [1]. 1. De Maeztu tells us, "Bights do not arise from personality. This is a perfectly comprehensible reaction, but future jurisprudence must certainly unite these two ideas. Professor Jethro Brown says, "The justification for governmental action is found not in consent but in the purpose it serves." Not in that alone. De Maeztu says, "The profound secret of associations is not that men have need of one another, but that they need the same thing." These two ideas can merge. Professor Brown makes the common good the basis of the new doctrine of natural right [1]. But we must all remember, what I do not doubt this writer does remember, that purpose can never be a _chose en soi_, and that, of the utmost importance, the "new natural law" can be brought into manifestation only by certain modes of association. 1. See "Underlying Principles of Legislation." It is true, as Duguit says, that the state has the "right"
to will because of the thing willed, that it has no "subjective"
right to will, that its justification is in its purpose. (This is
of course the truth in regard to all our "rights"; they
are justified only by the use we make of them.) And yet there is a
truth in the old idea of the "right" of a collectivity to
will. These two ideas must be synthesized. They _are_ synthesized
by the new psychology which sees the purpose forming the will at the
same time as the 1. 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. To sum up this point. We must all, I think, agree with the "objective"
conception of law in its essence, but not in its dividing the social
process, a true unity, into separate parts. The _droit_ evolved by a group is the _droit_ of that group. The_droit_
evolved by a state-group (we agree that there is no state-group yet,
the state is evolving, the _droit_ is evolving, there is only an approximate
state, an approximately genuine_droit_) is the _droit_ of the state.
The contribution of the new psychology is that _le droit_ comes from
relation and is always in relation. The warning of the new psychology
to the advocates of vocational representation is that the _droit_
(either as law or 2. 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. Mr. Roscoe Pound's exposition of modern law is just here a great
help to political theory. The essential, the vital part of his teaching,
is, not his theory of law based on interests, not his emphasis upon
relation, but his bringing together of these two ideas. This takes
us out of the vague, nebulous region of much of the older legal and
political theory, and shows us the actual method of living our daily
lives. All that he says of relation implies that we must seek and
bring into use those modes of To sum up this point: (1) law should be a group-product, (2) we
should therefore have genuine groups, (3) political method must be
such that the "law" of the group can become embodied in
our M. Duguit's disregarding of the laws of that intermingling which
is the basis of his _droit objectif_ leads to a partial understanding
only of the vote. Voting is for him still in a way a particularist
matter. To be sure he calls it a function and that marks a certain
advance. Moreover he wishes us to consider the vote an "objective"
power, an "objective" duty, not a "subjective"
right. This is an alluring theory in a pragmatic age. And if you see
it leading to syndicalism which you have already accepted beforehand,
it is all the more alluring! But to call the vote a function is only
half the story; as long as it is a particularist vote, it does not
help us much to have it rest on function, or rather, it goes just
half the way. It must rest on the intermingling of all my functions,
it must rest on the intermingling of all my functions with all the
functions of all the others; it must rest indeed on social solidarity,
but a social Duguit, full of Rousseau, does not think it possible to have a collective sovereignty without every one having an equal share of this collective sovereignty, and he most strenuously opposes _le suffrage universal egalitaire_. But le suffrage universel egalitaire staring all the obvious inequalities of man in the face, Rousseau's divided sovereignty based on an indivisible sovereignty_- all these things no longer trouble you when you see the vote as the expression at one point of some approximate whole produced by the intermingling of men. True sovereignty and true functionalism are not opposed; the vote
resting on "subjective" right and the vote resting on "objective"
power are not opposed, but the particularist vote and the genuinely Again Duguit's ignoring of the psychology of the social process
leads him to the separation of governors and governed. This separation
is for him the essential fact of the state. Sovereignty 1. 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." But Duguit has done us large service not only in his doctrine of a law, a right, born of our actual life, of our always evolving life, but also in his insistence on the individual which makes him one of the builders of the new individualism [2]. We see in the gradual transformation of the idea of natural law which took place among the French jurists of the end of the nineteenth century, the struggle of the old particularism with the feelings-out for the true individualism. That the French have been slow to give up individual rights, that many of them have not given them up for any collective theory, but, feeling the truth underneath the old doctrine, have sought (and found) a different interpretation, a different basis and a different use, has helped us all immeasurably. 2. Although I do not agree with the form individualism takes in his doctrine.
Then as soon as the psychological foundation of law is clearly seen,
the sovereignty of the state in its old meaning will be neither acclaimed
nor denied. An understanding of the group process teaches us the true
nature of sovereignty. We can agree with the pluralist school that
the present state has no "right" to sovereignty [1]; we
can go further and say that the state will never be more than ideally
sovereign, further still and say that the whole idea of sovereignty
must be recast and take a different 1. Some of the pluralists are concerned, I recognize, with the fact rather than the right of sovereignty. Curiously enough, some of the pluralists are acknowledged followers of Gierke and Maitland, and base much of their doctrine on the "real personality" of the group. But the group can create its own personality only by the "compounding of consciousness," by every member being at one and the same time an individual and the "real personality." If it is possible for the members of a group to evolve a unified consciousness, a common idea, a collective will, for the many to become really one, not in a mystical sense but as an actual fact, for the group to have a real not a fictional personality, this process can be carried on through group and group, our task, an infinite one, to evolve a state with a real personality. The imagination of the born pluralist stops with the group [2]. 2. 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 does _not_ create 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. But even in regard to the group the pluralists seem sometimes to
fall into contradictions. Sovereignty, we are often told, must be
decentralized and divided among the local units. But according to The pluralists always tell us that the unified state proceeds from
the One to the Many; that is why they discard the unified state. This
is not true of the unifying state which I am trying to indicate. They
think that the only alternative to pluralism is where you begin with
the whole. That is, it is true, the classic This is expressed more accurately by saying, as I have elsewhere, that the One and the Many are constantly creating each other. The pluralists object to the One that comes before the Many. They are right, but we need not therefore give up oneness. When we say that there is the One which comes _from_ the Many, this does not mean that the One is _above_ the Many. The deepest truth of life is that the interrelating by which both are at the same time a-making is constant. This must be clearly understood in the building of the new state. The essential error in the theory of distributed sovereignty is
that each group has an isolated sovereignty. The truth is that each
should represent the whole united sovereignty at one point as each 1. It is also necessary to an understanding of the new international law See ch. XXXV, "The World State." But the conclusion drawn by some pluralists from the theory of "real
personality" is that the state is superfluous because a corporate
personality has the right to assert autonomy over itself. When you stop your automobile without stopping your engine, the
power which runs your car goes on working exactly the same, but is
completely lost. It only makes a noise. Do we want this to happen
to our groups? Are they to end only in disagreeable noises? In order
that the group-force shall not be lost, we must provide means for
it to go on working effectively after it is no longer needed within
the group, so to speak. We must provide ways for it to go out to meet
the life force of other groups, the new power thus generated again
and endlessly to seek new forms of unification. No Thus while the state is not necessary to grant authority, it is the natural outcome of the uniting groups. The state must be the collective mind embodying the moral will and purpose of All. From living group to living group to the "real" state -- such must be our line of evolution. Sovereignty, it is true, is a fact, not a theory. Whoever can gain
obedience has the sovereign power. But we must go beyond this and
seek those political methods by which the command shall be with 1. 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 |
The Occupational Group The Service State vs. the "Sovereign State" THE idea at the bottom of occupational representation which has won
it many adherents is that of the interdependence of function. Most
of the people who advocate vocational representation believe in Man has many functions or rather he is the interplay of many functions. The child grows to manhood through interpenetrating --with his family, at school, at work, with his play group, with his art group: the carpenter may join the Arts and Crafts to find there an actualization of spirit for which he is fitted, and so on and so on. All the different sides of our nature develop by the process of compounding. If you shut a man up in his occupation, you refuse him the opportunity of full growth. The task has been given to humanity to "Know thyself," but man cannot know himself without knowing the many sides of his self. His essential self is the possibility of the multiple expression of spirit. We see this principle operating every day in our own lives: we cannot
do one thing well by doing one thing alone. The interrelations are
so manifold that each of us does far more than he wishes, not because
our tendency is a senseless ramifying, but because we cannot do our
own job well unless we do many other things: we do not take on the
extra activities as an extension of our life, but simply as an intensification
of our life at the point of our particular interest. Ideally one should
fulfil all the Society, however, does not consist merely of the union of all these
various groups. There is a more subtle process going on -- the interlocking
of groups. And in these interlocking groups we have not only the same
people taking up different activities, but actually representing different
interests. In some groups I may be an employer, in others an employee.
I can be a workman and a stockholder. Men have many loyalties. It
is no longer true that I belong to such a class and must always identify
myself with its interests. I may belong at the same time to the college
club and the business women's club, to the Players' League (representing
the actor's point of view) and to the Drama Association (representing
the playgoer's point of view). I not only thus get opposite points
of view, but I myself can contribute to two opposite points of view.
The importance of this has not been fully estimated. I may have to
say the collective I or we first of my basket-ball team, next of my
trade-union, then of my church club or citizens' league or neighborhood
association, and the lines may cross and recross Thus while two groups may be competing, certain members of these
groups may be working together for the satisfaction of some interest.
This is recognized by law. A man can be a member of different corporations.
Our possibility of association is not exhausted by contributing to
the production of one legal person, we may help to create many different
legal persons, each with an entirely different set of liabilities.
Then there may be some sort of relation with a definite legal status
existing between these The present advocacy of organic democracy or "functionalism"
is obviously, and in many cases explicitly, a reaction to "individualism":
the functional group must be the unit because the individual is so
feared. I agree with the denunciation of the individual if you mean
the man who seeks only his own advantage. The state cannot be composed of groups because no group nor any
number of groups can contain the whole of me, and the ideal state
demands the whole of me. No one group can seize the whole of me; no
one group can seize any part of me in a mechanical way so that having
taken one-tenth there are nine-tenths left. My nature is not divisible
into so many parts as a house into so many rooms. My Some of the guild socialists tell us, however, that a man has as
many "rights" as he has functions: a shoemaker is also a
father and a rate-payer. But they do not give us any plan for the
political As ideally every function should include every other, as every power of which I am capable should go into my work, occupational representation might do for the millennium, but it is not fitted for the limitations of man in 1918. I am advocating throughout the group principle, but not the group
as the political unit. We do not need to swing forever between the
individual and the group. We must devise some method of using both
at the same time. Our present method is right so far as it is based
on individuals, but we have not yet found the true individual. The
groups are the indispensable means for the discovery of self by The question is put baldly to us by the advocates of vocational
representation -- "Do you want representation of numbers or representation
of interests?" They are opposed to the former, which 1. 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. 2. See p.184. The best part of pluralism is that it is a protest against the domination
of numbers; the trouble is that it identifies numbers with individuals.
Some plan must be devised by which we put the individual at the centre
of our political system, without an atomistic sovereignty, and yet
by which we can get the whole of the individual. I am proposing for
the moment the individual the unit, the group the method, but this
alone does not cover all that is necessary. In the French syndicalist
organization every syndicate, whatever its size, is represented by
a single individual. In this way power is prevented from falling into
the hands of a strong federation like the miners, but of course this
often means minority The task before us now is to think out the way in which the group method can be a regular part of our political system -- its relation to the individual on the one hand and to the state on the other. No man should have a share in government as an isolated individual, but only as bound up with others: the individual must be the unit, but an individual capable of entering into genuine group relations and of using these for an expanding scale of social, political and international life. The best part of functionalism is that it presents to us the Service State in the place of the old Sovereign State. This has two meanings: (1) that the state is created by the actual services of every man, that every man will get his place in the state through the service rendered: (2) that the state itself is tested by the services it renders, both to its members and to the world-community [1]. The weakness of functionalism, as so far developed, is that it has provided no method for all the functions of man to be included in the state. The essence of democracy is the expression of every man in his multiple nature. 1. 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 To sum up: no one group can enfold me, because of my multiple nature. This is the blow to the theory of occupational representation. But also no number of groups can enfold me. This is the reason why the individual must always be the unit of politics, as group organization must be its method. We _find_ the individual through the group, we _use_ him always as the true individual -- the undivided one -- who, living link of living group, is yet never embedded in the meshes but is forever free for every new possibility of a forever unfolding life. |