Chapter XII

THE CRITERIA OF REFORM

1

The random collections of bystanders who constitute a public could not,

even if they had a mind to, intervene in all the problems of the day.

They can and must play a part occasionally, I believe, but they cannot

take an interest in, they cannot make even the coarsest judgments

about, and they will not act even in the most grossly partisan way on,

all the questions arising daily in a complex and changing society.

Normally they leave their proxies to a kind of professional public

consisting of more or less eminent persons. Most issues are never

carried beyond this ruling group; the lay publics catch only echoes of

the debate.

If, by the push and pull of interested parties and public personages,

settlements are made more or less continually the party in power

has the confidence of the country. In effect, the outsiders are

arrayed behind the dominant insiders. But if the interested parties

cannot be made to agree, if, as a result, there is disturbance and

chronic crisis, then the opposition among the insiders may come to

be considered the hope of the country, and be able to entice the

bystanders to its side.

To support the Ins when things are going well; to support the Outs when

they seem to be going badly, this, in spite of all that has been said

about tweedledum and tweedledee, is the essence of popular government.

Even the most intelligent large public of which we have any experience

must determine finally who shall wield the organized power of the

state, its army and its police, by a choice between the Ins and Outs. A

community where there is no choice does not have popular government. It

is subject to some form of dictatorship or it is ruled by the intrigues

of the politicians in the lobbies.

Although it is the custom of partisans to speak as if there were

radical differences between the Ins and the Outs, it could be

demonstrated, I believe, that in stable and mature societies the

differences are necessarily not profound. If they were profound, the

defeated minority would be constantly on the verge of rebellion.

An election would be catastrophic, whereas the assumption in every

election is that the victors will do nothing to make life intolerable

to the vanquished and that the vanquished will endure with good humor

policies which they do not approve.

In the United States, Great Britain, Canada, Australia and in certain

of the Continental countries an election rarely means even a fraction

of what the campaigners said it would mean. It means some new faces

and perhaps a slightly different general tendency in the management

of affairs. The Ins may have had a bias toward collectivism; the Outs

will lean toward individualism. The Ins may have been suspicious

and non-coöperative in foreign affairs; the Outs will perhaps be

more trusting or entertain another set of suspicions. The Ins may

have favored certain manufacturing interests; the Outs may favor

agricultural interests. But even these differing tendencies are very

small as compared with the immense area of agreement, established habit

and unavoidable necessity. In fact, one might say that a nation is

politically stable when nothing of radical consequence is determined by

its elections.

There is, therefore, a certain mock seriousness about the campaigning

for votes in well-established communities. Much of the excitement

is not about the fate of the nation but simply about the outcome

of the game. Some of the excitement is sincere, like any fervor

of intoxication. And much of it is deliberately stoked up by the

expenditure of money to overcome the inertia of the mass of the

voters. For the most part the real difference between the Ins and the

Outs is no more than this: the Ins, after a term of power, become so

committed to policies and so entangled with particular interests that

they lose their neutral freedom of decision. They cannot then intervene

to check the arbitrary movement of the interests with which they have

become aligned. Then it is time for the Outs to take power and restore

a balance. The virtue of the Outs in this transaction is that they

are not committed to those particular policies and those particular

interests which have become overweighted.

The test of whether the Ins are handling affairs effectively is the

presence or absence of disturbing problems. The need of reform is

recognizable, as I pointed out in the chapter before this one, by

the test of assent and the test of conformity. But it is my opinion

that for the most part the general public cannot back each reformer

on each issue. It must choose between the Ins and Outs on the basis

of a cumulative judgment as to whether problems are being solved or

aggravated. The particular reformers must look for their support

normally to the ruling insiders.

If, however, there is to be any refinement of public opinion it must

come from the breaking up of these wholesale judgments into somewhat

more retail judgments on the major spectacular issues of the day. Not

all of the issues which interest the public are within the scope of

politics and reachable through the party system. It seems worth while,

therefore, to see whether any canons of judgment can be formulated

which could guide the bystanders in particular controversies.

The problem is to locate by clear and coarse objective tests the actor

in a controversy who is most worthy of public support.

2

When the rule is plain, its validity unchallenged, the breach clear and

the aggressor plainly located, the question does not arise. The public

supports the agents of the law, though when the law is working well

the support of the public is like the gold reserve of a good bank: it

is known to be there and need not be drawn upon. But in many fields

of controversy the rule is not plain, or its validity is challenged;

each party calls the other aggressor, each claims to be acting for

the highest ideals of mankind. In disputes between nations, between

sectional interests, between classes, between town and country, between

churches, the rules of adjustment are lacking and the argument about

them is lost in a fog of propaganda.

Yet it is controversies of this kind, the hardest controversies to

disentangle, that the public is called in to judge. Where the facts are

most obscure, where precedents are lacking, where novelty and confusion

pervade everything, the public in all its unfitness is compelled to

make its most important decisions. The hardest problems are those which

institutions cannot handle. They are the public’s problems.

The one test which the members of a public can apply in these

circumstances is to note which party to the dispute is least willing to

submit its whole claim to inquiry and to abide by the result. This does

not mean that experts are always expert or impartial tribunals really

impartial. It means simply that where the public is forced to intervene

in a strange and complex affair, the test of public inquiry is the

surest clue to the sincerity of the claimant, to his confidence in

his ability to stand the ordeal of examination, to his willingness to

accept risks for the sake of his faith in the possibility of rational

human adjustments. He may impugn a particular tribunal. But he must

at least propose another. The test is whether, in the absence of an

established rule, he is willing to act according to the forms of law

and by a process through which law may be made.

Of all the tests which public opinion can employ, the test of inquiry

is the most generally useful. If the parties are willing to accept

it, there is at once an atmosphere of reason. There is prospect of a

settlement. Failing that there is at least a delay of summary action

and an opportunity for the clarification of issues. And failing

that there is a high probability that the most arbitrary of the

disputants will be isolated and clearly identified. It is no wonder

that this is the principle invoked for the so-called nonjusticiable

questions in all the recent experiments under the covenant of the

League of Nations[25] and the Protocol for the Pacific Settlement of

International Disputes.[26] For in applying this test of inquiry, what

we affirm is this: That there is a dispute. That the merits are not

clear. That the policy which ought to be applied is not established.

That, nevertheless, we of the public outside say that those who are

quarreling must act as if there were law to cover the case. That, even

if the material for a reasoned conclusion is lacking, we demand the

method and spirit of reason. That we demand any sacrifice that may

be necessary, the postponement of satisfaction of their just needs,

the risk that one of them will be defeated and that an injustice will

be done. These things we affirm because we are maintaining a society

based on the principle that all controversies are soluble by peaceable

agreement.

They may not be. But on that dogma our society is founded. And that

dogma we are compelled to defend. We can defend it, too, with a

good enough conscience, however disconcerting some of its immediate

consequences may be. For, by insisting in all disputes upon the

spirit of reason, we shall tend in the long run to confirm the habit

of reason. And where that habit prevails no point of view can seem

absolute to him who holds it, and no problem between men so difficult

that there is not at least a _modus vivendi_.

The test of inquiry is the master test by which the public can use its

force to extend the frontiers of reason.

3

But while the test of inquiry may distinguish the party which is

entitled to initial support, it is of value only where one party

refuses inquiry. If all submit to inquiry, it reveals nothing. And

in any event it reveals nothing about the prospects of the solution

proposed. The party seeking publicity may have less to conceal, and may

mean well, but sincerity unfortunately is no index of intelligence.

By what criteria are the public then to judge the new rule which is

proposed as a solution?

The public cannot tell whether the new rule will, in fact, work. It may

assume, however, that in a changing world no rule will always work. A

rule, therefore, should be organized so that experience will clearly

reveal its defects. The rule should be so clear that a violation is

apparent. But since no generality can cover all cases, this means

simply that the rule must contain a settled procedure by which it can

be interpreted. Thus a treaty which says that a certain territory shall

be evacuated when certain conditions are fulfilled is quite defective,

and should be condemned, if it does not provide a way of defining

exactly what those conditions are and when they have been fulfilled. A

rule, in other words, must include the means of its own clarification,

so that a breach shall be undeniably overt. Then only does it take

account of experience which no human intelligence can foresee.

It follows from this that a rule must be organized so that it can be

amended without revolution. Revision must be possible by consent. But

assent is not always given, even when the arguments in favor of a

change are overwhelming. Men will stand on what they call their rights.

Therefore, in order that deadlock should be dissoluble, a rule should

provide that subject to a certain formal procedure the controversy over

revision shall be public. This will often break up the obstruction.

Where it does not, the community is pretty certain to become engaged on

behalf of one of the partisans. This is likely to be inconvenient to

all concerned, and the inconvenience due to meddling in the substance

of a controversy by a crude, violent and badly aimed public opinion at

least may teach those directly concerned not to invoke interference the

next time.

But although amendment should be possible, it should not be continual

or unforeseen. There should be time for habit and custom to form. The

pot should not be made to boil all the time, or be stirred up for some

comparatively insignificant reason, whenever an orator sees a chance

to make himself important. Since the habits and expectations of many

different persons are involved in an institution, some way must be

found of giving it stability without freezing it _in statu quo_. This

can be done by requiring that amendment shall be in order only after

due notice.

What due notice may be in each particular case, the public cannot

say. Only the parties at interest are likely to know where the rhythm

of their affairs can be interrupted most conveniently. Due notice

will be one period of time for men operating on long commitments and

another for men operating on short ones. But the public can watch to

see whether the principle of due notice is embodied in the proposed

settlement.

To judge a new rule, then, the tests proposed here are three: Does it

provide for its own clarification? for its own amendment by consent?

for due notice that amendment will be proposed? The tests are designed

for use in judging the prospects of a settlement not by its substance

but by its procedure. A reform which satisfies these tests is normally

entitled to public support.

4

This is as far as I know how at present to work out an answer to the

question which we inherit from Aristotle: can simple criteria be

formulated which will show the bystander where to align himself in

complex affairs?

I have suggested that the main value of debate is not that it reveals

the truth about the controversy to the audience but that it may

identify the partisans. I have suggested further that a problem exists

where a rule of action is defective, and that its defectiveness can

best be judged by the public through the test of assent and the test of

conformity. For remedies I have assumed that normally the public must

turn to the Outs as against the Ins, although these wholesale judgments

may be refined by more analytical tests for specific issues. As samples

of these more analytical tests I have suggested the test of inquiry for

confused controversies, and for reforms the test of interpretation, of

amendment and of due notice.

These criteria are neither exhaustive nor definitive. Yet, however

much tests of this character are improved by practice and reflection,

it seems to me there always must remain many public affairs to which

they cannot be applied. I do not believe that the public can intervene

successfully in all public questions. Many problems cannot be advanced

by that obtuse partisanship which is fundamentally all that the public

can bring to bear upon them. There is no reason to be surprised,

therefore, if the tests I have outlined, or any others that are a vast

improvement upon them, are not readily applicable to all questions that

are raised in the discussions of the day.

I should simply maintain that where the members of a public cannot use

tests of this sort as a guide to action, the wisest course for them is

not to act at all. They had better be neutral, if they can restrain

themselves, than blindly partisan. For where events are so confused or

so subtly balanced or so hard to understand that they do not yield to

judgments of the kind I have been outlining here, the probabilities are

very great that the public can produce only muddle if it meddles. For

not all problems are soluble in the present state of human knowledge.

Many which may be soluble are not soluble with any force the public can

exert. Some time alone will cure, and some are the fate of man. It is

not essential, therefore, always to do something.

It follows that the proper limits of intervention by the public in

affairs are determined by its capacity to make judgments. These limits

may be extended as new and better criteria are formulated, or as men

become more expert through practice. But where there are no tests,

where such tests as these cannot be used, where, in other words, only

an opinion on the actual merits of the dispute itself would be of any

use, any positive action the bystanders are likely to take is almost

certain to be more of a nuisance than a benefit. Their duty is to keep

an open mind and wait to see. The existence of a usable test is itself

the test of whether the public ought to intervene.

FOOTNOTES:

[25] Articles XIII, XV.

[26] Articles 4, 5, 6, 7, 8, 10.

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