CHAPTER VII

THE STATE

The leading theories of the state should be kept in view for comparison

with the ethical theory here set forth—the theories of Aristotle

and Plato, St. Augustine and the mediæval schoolmen, Rousseau’s

contract theory, and the German conceptions of the state propounded by

Kant, Fichte, Hegel. Moreover, since the ideas actually embodied in

governments, in the Persian monarchy, for instance, in the Greek City

State, Venice, etc., are not identical with the constructions of the

philosophers, the leading facts of the history of politics should be

borne in mind as well as the leading theories.

The state has two aspects: (1) It is the balance wheel of the

vocational groups included within it. (2) It is the political

expression of the national character, and its ethical purpose is to

develop this empirical national character into a spiritual character. I

shall speak of the first aspect in this chapter.

1. The state exists in order to furnish increasingly from age to age

the conditions under which the reactions between the groups described

above can take place effectually. In concentrating attention upon the

vocational groups as the entities to be harmonized with one another,

account is taken by implication of the family and of the individual.

The sub-organisms are embraced within the superior organisms. A

more general statement would be that the state supplies the external

conditions required for development towards ethical personality by

those who pass through the institutions of the family, of the vocation,

etc.

The state possesses a spiritual character in so far as it supplies

these conditions, and in as much as it has a spiritual character it

is not merely justified but ethically required to use force. Force is

spiritualized when employed to establish the conditions indispensable

to spiritual life. The conditions enforced must be such as in the

opinion of the preponderant number of citizens indisputably make

for the development of personality. Examples of such conditions are

protection of life, property, reputation, compulsory education, the

maintenance of the monogamic family, protection against foreign

invasion, etc. All the functions of the state commonly enumerated

follow from the ethical principle. But over and above the recognized

ones, new and nobler functions of the state will appear.

The redeeming thought with respect to the use of force by the state

consists in regarding _force as ethical discipline_, and in making the

extent to which it is favorable to spiritual freedom the measure and

test of its rightful use.[85] When men are compelled to spend the major

part of their time in the protection of bare life, as was the case,

for instance, in the early days of feudalism, they are to that extent

unfree. Freedom consists in energizing the highest and most distinctive

human faculties.

_The development of the state_ should proceed in two directions. It

should withdraw from many functions exercised by it in the past,

notably from such as properly belong to the sub-organisms. At the

same time, it should lay its coercive hands upon new matters,

imposing new limitations on capricious freedom in the interest of

spiritual freedom, as soon as the pertinency of such limitations

to the ethical end becomes clear. For instance, the state may, and

doubtless will, interfere with marriage to a far greater extent

than it has yet done. It will forbid the marriage of the unsound.

If a study of character-types should ever become advanced enough—a

hazardous conjecture—to make it predictable that the union of certain

character-types will lead to infelicitous marriage, the state will be

justified in prohibiting such unions.

_Law_, ideally defined, is the sum total of conditions, capable of

being enforced, which are necessary or favorable to the development

of personality. The purpose of law is two-fold: to maintain the more

developed members of society at the level they have reached, and, by

educative penalties, to bring the backward up to the same level. In

the article on “Force and Freedom” referred to above, law is compared

to such bodily actions as walking, which at first are superintended by

consciousness, and then become automatic, thereby setting consciousness

free to attend to new and more important business. Similarly, law is

designed to render the conditions favorable to personality so explicit

that their observance shall become automatic, and that mankind shall be

at liberty to discover new and more significant conditions which in

their turn are again to become automatic.

Because of the lack of the ethical point of view, the exercise of force

by the state has seemed purely arbitrary, and has given rise to a

perverted and disastrous conception of _sovereignty_. The sovereignty

of the state has two aspects: the one internal, the other external.

Sovereignty means supremacy. The state is sovereign, within limits,

however, with respect to its citizens. The state is also sovereign,

within limits, however, with respect to other outside states.

With respect to the internal aspect of sovereignty some writers hold

that citizens have no rights as against the state—only rights accorded

by the state. But this from the ethical point of view is a wholly

untenable position. There are rights of the individual, rights of

the family, rights of the vocational group, which the state does not

create but is bound to acknowledge and which its power cannot properly

infringe. As against the state the individual has, for instance, the

right which is commonly designated as “the freedom of conscience.” The

family has rights against the state; the law cannot interfere with

the intimacies of the marriage and parental relations. The vocational

group likewise is only partially subject to public reglementation. I

have defined law as the sum total of the conditions. The state can

prescribe the conditions, but cannot trace the ways of freedom within

the conditions. The state prescribes the enforceable conditions; it has

no concern with unenforceable inner processes.

It thus appears that sovereignty or supremacy is an attribute not

peculiar to the state, although it looms up larger and more impressive

when exercised by the state. Supremacy belongs to the individual in

his private sphere, to the family in its proper province, to the

vocation, etc. Sovereignty or supremacy belongs to each of the social

institutions within its precincts, in so far as the supremacy within

that precinct is requisite for the accomplishment of the ethical end

to be therein attained. But sovereignty is not absolute in any sphere;

neither in that of the individual, nor of the family, nor yet of the

state. _The absolute conception of sovereignty is the result of the

lack of an ethical conception of the social institutions._ The state is

sovereign only so far as the exercise of its supremacy is necessary to

the spiritual end of citizenship. On this account and for this purpose

it may rightfully constrain the sub-organisms within it, and may also

pronounce its _noli me tangere_ as against the larger group of states

encompassing it. But so far as the spiritual ends to be achieved in

the international relations are concerned, the state with respect to

these is subject to international sovereignty,—a new conception which

mankind is striving to bring to the birth today. The false notion of

state sovereignty as arbitrary and absolute, is admittedly today a

chief stumbling-block in the way of the formation of an international

organization of peoples.

_The System of Representation Which Is Required to Give Expression to

the Organic Idea of the State._

The ethical aim of political reformation and reconstruction may be

put in a single word, Organization. _The state and especially the

democratic state must be organized._[86] This means practically that

the basis of representation shall be the vocational group, that

vocational representation shall replace representation by geographical

districts.[87] The law-making body on this basis will consist of

representatives or delegates of the agricultural, the commercial, the

industrial, the scientific group, etc. Women belonging to these groups

will exercise the franchise within them. There will also be a distinct

group of home-makers; motherhood will be recognized as a vocation.

Attention may be called to certain practical advantages of the

proposed rearrangement of the representative system. It will tend to

bring forward in political life the best citizens, instead of the

mediocre or the base. This is likely to come about because there is no

distinction that men more ardently covet than that of being considered

_primus inter pares_; as, for instance, the first or one of the first

of the city’s merchants, or one of the most eminent scientists, or an

artist whom his fellow-artists select as the fittest to represent them

in the great council of city, state, or nation. And if only this much

can be gained by the new representative system, that the law-making

body shall consist of the most experienced, the most enlightened, the

wisest, the actual leaders in the various walks of life, in brief,

that the elected shall be the elect, certainly one of the principal

evils with which individualistic democracy is afflicted will tend to be

removed.

But other advantages will accrue. This, in particular, that the

constituencies, instead of merely delegating their powers, will

share in the business of law-making, will be in vital touch with

their leaders or representatives, while the latter conversely will

politically educate the constituencies. The mode of procedure under the

system here sketched will be somewhat as follows:

Take, as an illustration, the group of industrial laborers. They will

first meet in a primary assembly, and discuss measures deemed by them

important in the interests of their group. The leader who represents

them in the legislature will take part in the initial discussions, and

exercise no doubt a strong influence in bringing matter finally to a

head. He will then carry into the law-making body,—which consists of

representatives of the various social groups,—the sifted-out demands

of the laborers, the measures which they desire to have enacted into

law. He will bring forward these measures in the legislature. But

there objections are likely to be raised. The representatives of the

other groups will discover what the laborers naturally failed to

note, that the proposed law or laws, if enacted, will have certain

injurious effects on the interests of the other groups. The sifting-out

process, therefore, will now begin anew and be carried on on a higher

level in the legislature. The representatives of all the various

groups will separate the wheat from the chaff in what is proposed

by any one group. The next stop will be that the representative of

the laborers, returning to his constituency, will communicate to

them the difficulties that were raised, the decisions reached, and

will thus impart to them the wider vision which he himself gained

in the discussions of the law-making body. In this way he will be

the instructor, the political teacher of his constituents. And the

principle by which the value of any new measure will finally be judged

will be simply this: that the supposed interests of one group cannot be

its true interests unless they are found to promote the interests of

all the other vocational groups.[88]

The law-making body should be a council of the groups. It should not be

a “Parliament,” or “talking body,” but a sifting body. Nor yet a body

of mandatories commissioned to merely give effect to a public opinion

or a public sentiment already existing. In fact, public opinion or

public sentiment in the raw is apt to be a poor index of what is really

for the public good. Public opinion is apt to be unripe, haphazard,

impulsive rather than reflective. Besides, it is often contaminated

at its very source, the facts on which the public depend for their

opinions being deliberately falsified or placed in false perspective;

while the opinions furnished in newspaper editorials are almost

inevitably biased. Only on great occasions, when simple moral issues

are presented, can the common sense and moral sense of the people be

wholly depended on. But such occasions are episodical; and the orderly

business of government cannot be carried on by spurts. Government by

public opinion may be and in some respects is better indeed than class

government; in other important respects it is worse. A class at the

head of the state at least as a rule knows what it wants, and proceeds

methodically to carry out its purposes. Public opinion, on the other

hand, like all opinion, is unsure, unsafe, as Plato has long since

made dialectically clear. And public sentiment, like all sentiment, is

fluctuating. To build the state on public opinion and public sentiment,

as many of our writers on politics would have us do, is after all a

good deal like building a house on sand.[89]

Instead of “public opinion” and “public sentiment” let us say public

reason and public will!—reason and will to discover in conjunction

what the public good really is. For what it really is no one as yet

knows. The “public good” is a problem to be approximately solved. The

public good will be consummated when the conditions are furnished

necessary and favorable to the development of personality in each of

the constituent groups of the social body. To study these conditions is

the office of the law-making body, and therefore that body must be so

constituted as to include these groups in their capacity as groups.

Another advantage to be expected from vocational representation is that

the different interests of society,—I stress the fact that they are

different, and often temporarily conflicting,—will be compelled under

this plan to come out into the open. An industry, for instance, may

require the assistance of a protective tariff, in its infant stages,

and the agricultural group may rightly be asked to make the necessary

sacrifices.

In the long run there will be compensation. The agriculturists will

eventually benefit by the diversification of the national life.

But “in the long run” means that the next generation will benefit,

not the present agriculturists, a distinction sometimes somewhat

cavalierly ignored. The present generation will be called upon to make

a sacrifice, precisely as in the family some of the members may have

to sacrifice a part of their income to provide for a weaker member.

But the circumstance that the sacrifice is recognized as a sacrifice

will serve to put an end to the protection when the special need for it

has ceased. Under the present system, on the other hand, the state is

supposed to have no concern with the special interests of any group.

All the same, there are the special interests, and in consequence

that which is for the interest of one group has to be advocated as

if it were for the general interest of the entire community. And

since general interest is easily mistaken for perpetual interest, the

protection is apt to be continued long after its particular usefulness

has ceased.[90]

I am earnestly concerned that vocational representation shall not

be regarded as a mere device in the mechanism of politics, like the

substitution of the long for the short ballot, or the initiative

and referendum. Innovations of the latter kind leave the prevalent

conception of democracy untouched, they are merely intended to improve

the machinery by which that conception is to be worked out in practice;

they are mechanical contrivances, not fundamental reconstructions.

Vocational representation, in my view of it, is the appropriate

expression of the organic idea of the state. The state is the soul. The

soul must have a body. Vocational representation is that body.

Two remarks may here be added. One relates to a question which has

given rise to considerable discussion, namely, the question where

the state resides? In a monarchy it seems to reside visibly in the

person of the king. Louis XIV is said to have declared “I am the

state.” But where does it reside in a democracy? The chief executive,

the law-making body, and even the constituencies, are organs of the

state. But where does the state itself have its habitation? The state

has no separate domicile. So far as it truly exists at all it exists

in the minds of the individuals who truly conceive of it. The object

of political life is to educate the citizen so that he may more and

more truly conceive of the state, so that he may give birth to the

state idea within himself. To do this is to pass through one of

the necessary phases on the road to personality. In the family the

individual is in reactive relations with a few, in the vocation with

a larger number. In the state or nation he may be one of a hundred

millions or more. Yet it is not the numerical extension as such that

constitutes the enlargement. It is rather the diversity of the points

of contact, and the complexity of the relations by which the spiritual

ideal is more fully illustrated in the finite world in proportion as

the circle widens. To engender the idea of the state in oneself is to

place oneself ideally into reactive relations with the diverse groups

embraced within one’s nation. And to do this is a spiritual achievement

of no mean order. I should prefer to use the word “stateship” instead

of citizenship. Stateship is attained by one who brings to birth

within himself the idea of the state, and in whom that idea becomes a

controlling ethical force.

A second remark concerns the perplexed subject of the conflict of

duties. The nearer duties are sometimes preferred to the more remote,

and at other times we are asked to sacrifice everything to the larger

whole. We owe our first devotion, it is said, to the members of our

family; but then again we must be willing to sacrifice life itself and

the welfare of our family to our country when it calls upon us in its

need. Largeness alone certainly does not serve as an ethical ground for

preference. The quantitative standard implied in such phrases as “the

greatest good of the greatest number” is out of place when we deal with

ethical relations, which in their very nature are qualitative. Now

the account of the social institutions given in previous chapters as

successive stations on the road to the spiritual goal may throw some

light on this difficult subject. Normally, the claims of the anterior

stations are to be preferred—the claims of the family for instance

to those of the vocation, because the family is the matrix of the

three-fold reverence, and the individual must pass under the ethical

influence of family life before he is fit to use vocational life

ethically to good purpose. The anterior groups are not merely smaller,

they are germinal. The training received in them is the condition on

which spiritual progress depends later on. On the other hand, the later

groups are the more complete and more explicated expressions of the

spiritual ideal; hence if the very existence of one of the later groups

is threatened, or is in danger of being denatured of its spiritual use,

then the later group is to be preferred to the earlier, the _terminus

ad quem_, precisely because it is the _terminus ad quem_, to the

_terminus a quo_.

To give a familiar illustration. In our time, which is a time of

transition and doubt, many a religious teacher finds himself in sore

straits to decide between the claims of the vocation and the family.

As a religious teacher he is pledged to teach only what in his heart

of hearts he believes to be true; he is especially under obligation to

use words in such a way as to convey to others the same meaning that

he attaches to them himself. But this may mean exposing his family to

serious privations. The situation is full of perplexity and pain, but

the line of choice is plain enough. The claims of his high vocation

must in this case take precedence. In like manner, when the existence

or the integrity of the state is at issue, the claims of the state as

the _terminus ad quem_ override those of the vocation, the family, and

the state, and may even demand the sacrifice of the physical existence

of the individual himself.

NOTES

1. The idea of democracy is often neatly put—all too neatly, into the

following formula: In antiquity the individual existed for the sake of

the state, in modern democracy the state exists for the sake of the

individual. Both of these statements as they stand are mischievous

and misleading and require to be qualified. It is not true that in

antiquity the individual existed for the sake of the state in the

sense that his separate existence was extinguished. The citizen class

in Aristotle’s state, the rulers in Plato’s state, and even a member

of one of the inferior classes, each in his own way fulfilled a

distinct function. He was not suppressed in the state, he expressed

his function by the action appropriate to his station. The philosophic

rulers might do the thinking and governing. They were the head of the

body politic—others the hands and feet. The underlying conception was

what may be called spuriously organic, borrowed more or less from the

animal type of organism.

The second limb of the formula is no less superficial. In no modern

nation does the state exist, or at bottom is it supposed to exist, for

the benefit of the individuals who at any time compose it. If this

were the ruling conception, how could the democratic state require its

citizens to give up their lives in its defense? If the state existed

for the benefit of the individuals, the state would be the means, and

the so-called good of the individual the end. And in that case it

would surely be irrational to sacrifice the end for the sake of the

means, in other words to put an end to one’s life in defense of the

state, a mere instrument for the protection and prosperity of one’s

own life.

To reply that the state exists for the sake not of one individual but

of all (observe however that the formula says “the individual,” and is

ambiguous and slippery at this point), nor even only for the sake of

all the individuals now living, but also for the sake of the millions

yet unborn—to say this is once more to introduce an ideal entity which

it was the very object of the formula as quoted to banish. The formula

was intended to give us, in place of “the metaphysical entities” of

the Greeks and the Germans, a very palpable thing—the good of the

individual. The good of the individual seemed to be a palpable thing,

though in truth it is the most impalpable thing in the world. And by

defining the state in this wise we were supposed to come onto solid

ground. But now, behold, it is the good of unborn millions which is to

be the object of our devotion, and who can imagine what this good of

unborn millions is likely to be?

The fact is that without ideal entities the conception of the state

in any noble shape cannot be construed at all. The organic conception

must now take the place of the individualistic. The organic conception

indeed as it was worked out in antiquity, or as it lived on in the

theories of mediæval writers, or as it survives in the works of

certain German publicists, who use it to defend the feudalistic

structure of society, has rightly fallen into discredit,—not because

it is organic, but because it is pseudo-organic, that is, based on the

type of the animal organism. The individualistic conception of the

state at present current in America and in all modern democracies,

is a violent reaction against this false idea of organization. The

inestimable germ of truth individualism contains is that no such

distinction can be allowed as between head and hands or feet in

political life, that all the multitudes of “hands” who work in the

factories, for instance, must be respected as personalities having

not only hands but also heads and hearts. But individualism, though

it affirms this idea, belies it in practice, as the actual state of

society in America and elsewhere abundantly proves. And it is bound

to do so, because personality implies more than material well-being,

either for a single individual or for all individuals now living

or for all future individuals. Personality implies truly organic

relations to other fellow-beings—and this can only be achieved by

organizing the society in which men live.

The way taken has been, by reaction from pseudo-organization, to

extreme individualism and concomitant materialism. The way out lies in

the direction of genuine organization.

2. Certain evils observable in the workings of American democracy may

be traced to the following causes:

(a) The people as a whole are still in the pioneer stage. A country

enormously rich in material resources stimulates wealth-production.

A host of immigrants escaped from poverty abroad are stung into

wealth-getting here. The frontier line is now far to the West, but the

influence of the pioneer movement still in progress flows back upon

the Eastern states.

(b) More important still are the evils due to the crude

individualistic idea of democracy just characterized. If the state

exists for the good of the individual, and if the good of the

individual is conceived to be the acquisition of wealth, then private

business will take precedence of the public business. Yet under the

democratic system of frequent elections the public business demands

constant attention. In consequence, a special class of professional

politicians arises, comprising a minority of disinterestedly

patriotic men, and a majority of persons whose private business

is not sufficiently remunerative to divert them from the public

service. The appearance of the political dictator called “boss” is

the inevitable outcome of these conditions. This army of professional

politicians, and in particular the vulgar figure at their hand, is the

chief disgrace of the American democracy, and has been the target of

incessant invective by American writers. But it is idle to stigmatize

the effect and overlook the cause, to squander invective upon the

symptom and at the same time to leave the malady untouched. The malady

itself is the individualistic conception of democracy, and until this

is replaced by a better one, the evil in question may be modified in

form but will certainly not disappear.

A way must be found for the citizen to attend to his private business,

which is coming to be more and more exacting, and to the public

business at the same time. The system of vocational representation

offers an opportunity in this direction. Citizens will be voting

in their vocational groups for measures intended to advance their

vocational interests, but will be taught to advance them in such a way

that the related interests of other groups, or the public interest,

shall be thereby promoted.

3. Proportional representation, which is at present being tested

abroad, and earnestly considered in France, England and Germany, may

be a bridge leading over from the present plan of geographical to that

of vocational representation. The proportional system itself, it is

true, is still based on the individualistic idea. It is a movement

on behalf of submerged minorities. It quarrels with the present

arrangement for the reason that the will of the greater number of

individuals, but not of all individuals, is brought to bear on public

decisions. But if adopted it may well offer, without violent change, a

way for the collective representation of vocational groups.

4. Citizenship should be graded. A youth of twenty-one is scarcely

prepared to exercise the duties of the citizen intelligently. As

long as the view prevails that the functions of the state are to be

restricted to a minimum, it is perhaps not wholly absurd to admit a

mere stripling to a share in the conduct of government. But the sphere

of government is steadily enlarging, and its problems are becoming

more and more intricate. Twenty-five would certainly be a better

minimum age. Under vocational representation there is likely to be an

Upper House consisting of members who have served in the Lower House.

Citizens who have attained the age of twenty-five might be empowered

to vote for members of the Lower House, those who have attained the

age of thirty-five for members of the Upper House, but these are

details upon which it is unfitting to expatiate here. The point I have

in mind is that citizenship should be graded.

FOOTNOTES:

[85] _Vide_ Appendix II, on _Force and Freedom_.

[86] I use the word Organize in its spiritual sense. The empirical,

animal organism is commonly taken as the type upon which the notion of

organism is modeled. The animal organism, however, fails to express

the implicit idea, for the following reasons: The number of members

is limited; the combination of organs is, so far as we can know,

accidental, and the relation is hierarchical,—there are inferior and

superior organs. The spiritual conception differs in each of these

points. The number of members is infinite; the relation is necessary;

and they are equal, that is, of equal worth. To distinguish the

spiritual pattern from the animal type the term metorganic may be used

for the former, in analogy to such terms as metempirical, metaphysical,

etc., and the system of ethics expounded in this volume may be called

the _metorganic system of ethics_.

[87] Representation by geographical districts is the logical outcome

of the individualistic conception of democracy. Where this prevails,

the state is supposed to take account only of the common interests,

those in respect to which all individuals are alike, such as security

of life and property, those interests being ignored in respect to

which the groups that constitute society, the farmers, the merchants,

the industrial laborers, etc., differ. Hence any convenient number

of citizens, pursuing their life purposes side by side within a

certain geographical area, may serve as a constituency. The absence

of regard for the real diversity, and often the clash of interests,

between persons belonging to such constituencies, is due to the

atomistic, individualistic notion of democracy just mentioned. But

sheer individualism is everywhere on the wane, and is bound to become

less and less dominant in the degree that the industrial evolution

of society proceeds, and the various groups stand out distinctly as

different against one another in their functions and in the conditions

subservient to those functions. Society is in fact not an aggregate of

human atoms. It is already an imperfect organism, destined to become

more and more adequately organized. And the system of representation

has got to be remodeled and adjusted to this fact and this ideal.

[88] By “interests” I understand fulfilment of the social function with

which the group is charged.

[89] And, as a matter of fact, because this is so, there is no state,

no democracy, in which public opinion or public sentiment actually

does rule, save by fits and starts. Government is usually in the hands

of more or less selfish coteries, who operate behind the scenes, who

do know what they want and who, like the Piper of Hamelin, are past

masters of the art of leading the political children whither they will.

[90] I am not of course discussing the merits or demerits of the

protective tariff as such, but am using it as illustration. As such it

will serve the purpose.

The practice of “log-rolling” may at first sight seem to resemble the

proposed plan. But, in reality, the two are diametrical opposites. By

“log-rolling” is meant the kind of concessions made by the shipping

interests to the manufacturers by the manufacturers to the farmers, or

to the workingmen when the latter happen to be strong enough to enforce

their demands. Each group persists in pursuing its selfish aims; only,

in order to achieve them it makes concessions to the selfishness of the

others. Each follows the path into the Hades of egotism, and throws the

necessary sops to Cerberus on the way. The plan outlined in the text,

on the other hand, has for its object the interlocking of the various

social interests, the fitting them reciprocally into one another; or

better, the object is to cure each group as far as possible of its

selfishness by so modifying its claims, that the granting of them shall

become beneficial to the rest.

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