CHAPTER IV

THE NATURE AND FORMS OF GOVERNMENT

_The purpose of this chapter is to explain what government is, how

it originated, why people obey it, and what its functions are._

[Sidenote: Various uses of the word “state”.]

=What is the State?=—The word “state” is so short and simple that

everybody is assumed to know just what it means. And in a general way

everyone does know what it means. But it is used in more than one sense

and with a good deal of latitude. When we speak, for example, of the

“newly-created states of Europe” we mean Poland, Czecho-Slovakia, and

Jugo-Slavia. The term “state”, so used, designates a country with an

independent political existence. But we also speak of “the states of the

Union”, by which we mean merely the political divisions of a single

country. Then, again, one frequently encounters such expressions as “a

statesman who served the state” or “state control of railroads”, or “the

relations between Church and State”. To what does the term in such cases

refer? Here the expression is used in a generic sense to include

politically organized society, and those who so use it are thinking more

particularly of the political agencies through which organized society

acts.

[Sidenote: A general definition.]

A simple definition will cover all these uses of the term. A state is a

body of people, possessing a definite territory, and politically

organized. Territory is essential. The Jews for many centuries did not

constitute a state because they had no territory of their own. Now they

are once more in the way of obtaining a national homeland. Population is

also essential. The territory around the South Pole does not form a

state because it is uninhabited. And a political organization, a

government, is the third essential. The territory which is now the

United States did not form a state before the first European settlers

reached it, for, although it was inhabited, the savages who roamed over

its vast expanses were not politically organized. They had, for the most

part, neither government nor laws. Persons, territory, and

organization—these are the essential attributes of a state.

=The Government and why we obey it.=—By the government we mean the

various officials and bodies by whom the people are ruled. By the

government the will of the state is carried out. But why should people

obey a government? We obey the rules of voluntary organizations because

we are free to join them or not; but no individual is free to disobey

the laws or to remain aloof from the control of his government. By what

right does the government take money from us in taxes, call upon us for

service in war, compel us to adjust all our controversies in its courts,

and insist that we obey its laws?

[Sidenote: The divine right doctrine.]

Two theories have been offered to justify the government’s right to the

obedience of the people. The first is known as the theory of divine

right. According to this idea all governmental authority was originally

bestowed upon the rulers by the Creator. And having received their

authority from God, the rulers were not responsible to the people. This

theory of governmental authority is very old, as old as the Ten

Commandments and probably older. It was argued that kings ruled and

princes governed by divine right because “the powers that be are

ordained of God”. This doctrine of the divine right of rulers was

maintained throughout the mediaeval period and was put forth by the

Stuart kings of England as a justification of their despotic rule.[17]

[Sidenote: The “consent of the governed”.]

The other theory, which is that government has its foundation in the

“consent of the governed”, appeared in the writings of the English

philosopher, John Locke, during the seventeenth century and was

incorporated into the Declaration of Independence about one hundred

years later. When the Stuart dynasty was finally expelled from the

throne of England, the new sovereigns were declared to be rulers

“according to the desire and resolution of parliament”, in other words

by the consent of the English people through their representatives.

Since the beginning of the nineteenth century the theory that government

rests on the consent of the governed has been accepted in all democratic

countries.

[Sidenote: What the consent of the governed implies.]

Now if we hold this doctrine to be sound, as most men do today, it

follows that when people establish a government by their own consent,

they are under obligation to submit to its authority. Every right

imposes a duty. The right to frame a constitution and to adopt it as the

basis of a new government carries the duty of supporting the

constitution and upholding the hands of those who exercise authority

under it. The people who claim the right to make the laws must be ready

to obey these laws when they are made. When men and women by their own

consent establish a government they do this because they expect to

obtain some advantages such as security, peace, and order. In return for

these advantages they must expect to yield obedience, pay taxes, adjust

their differences in the courts, and do whatever else a government

reasonably requires.

[Sidenote: The social contract theory.]

=How Government Began.=—But admitting that government rests on the

consent of the governed, how was this consent obtained, and how did the

first government come into existence? Here, again, there are two

theories as to what happened. The first is that the state and government

originated in a “social contract”. Primitive men, living in a condition

of political chaos, made a general covenant, by which they created a

sovereign power to rule them. This idea is as old as the days of Plato,

but it did not take strong hold on the minds of men until a few

centuries ago. It was put forward by Thomas Hobbes in England to defend

absolutism, his argument being that to dethrone a king was to break the

contract upon which the state had been founded. On the other hand it was

used by John Locke to prove that the people of England had a right to

dethrone a monarch if the monarch failed to abide by the terms of the

social contract, and those who compare certain passages in Locke’s book

with the Declaration of Independence will see that the framers of that

daring document were much influenced by his assertions. Even in America

the contract theory took a strong hold. The Mayflower pilgrims, lying

off the rock-bound shores of New England, drew up and signed a formal

document wherein they solemnly covenanted and combined themselves into a

“civil body politic”. The doctrine found frequent expression in the

writings of Jefferson and Madison; but while it afforded an excellent

basis for arguments in defence of revolutions against despotism the

theory that the state had its origin in a social contract has long since

been abandoned as unhistorical. It assumes that primitive men were free

and equal individuals subject to no paternal authority, whereas, as a

matter of history, freedom and equality among men arose only after

states had been formed.

[Sidenote: The theory of political evolution.]

The true explanation of how government began is to be found by applying

to the study of political science the methods of biology. We do not know

exactly where or when the first government came into existence, but we

do know that all political institutions are the result of a gradual

evolution or development.

We have already seen that the earliest social unit is the family—a small

group of individuals bound together by intimate ties. But the family was

but one unit in a larger group, the clan, made up of families assumed to

be descended from a common ancestor. The various clans united to form

the tribe which, as an organization, rested upon a common race,

language, and religion. These tribes, although at first roving bodies,

wandering from place to place, at length acquired some definite

territory and settled permanently there. The beginnings of a state were

then at hand and with the state, or even before it, came government. In

all probability that is the process through which the earliest

governments came into being,—a process extending through many

generations. The tribal chiefs became kings and passed on the kingship

to their sons. As time went on the kings gathered greater power until

despotism became the customary form of government in most countries of

the world. It was not until near the end of the eighteenth century that

the world began to shake off the despotic authority of kings and to

establish governments based upon the consent of the people.

[Sidenote: Aristotle’s classification.]

=The Classification of Governments.=—During this long evolution from the

early tribal organizations down to the complex governments of the

present day many forms of rule have been tried in various countries.

Even in ancient Greece the philosopher Aristotle was able to divide

states into six classes, three of which he called _normal_ types and

three _perverted_. Where political power was lodged in the hands of a

single individual, he called the state a monarchy; where it was lodged

with a few men he called it an aristocracy; and where it was vested in

many hands he called it a democracy. Each of these normal types had its

corresponding perversion or travesty. A perverted monarchy he termed

despotism; a perverted aristocracy he termed oligarchy; and a perverted

democracy he called a demagogism or state ruled by mob methods. This

method of classifying states is of little value today and would be in

many ways misleading.

[Sidenote: Monarchies and republics.]

Modern states are more commonly classed as _monarchies_ and _republics_.

The former includes those in which the chief executive officer of the

state—be he king, emperor, or other potentate—holds his position by

hereditary right; the latter includes those in which he is selected in

some other way. But even this classification is not very enlightening.

It does not tell us anything definite about the degree of actual control

which the people of a state exercise over their government. In some

monarchies like Great Britain the power of the people, exercised through

their representatives, is very great; in some republics, in China for

example, this power is very slight. The term republic is nowadays far

from being synonymous with democracy; nor is the term monarchy

incompatible with it. Various so-termed republics of Central and South

America have been in fact little more than military despotisms.

[Sidenote: National and federal states.]

Another classification, much more useful, is that which separates

_national_ from _federal_ states. By the former term we mean a unified

state with a single government which reaches down directly to the

citizen. Great Britain is a _national_ state with a monarchical form of

government; France is also a national state with a republican form of

government. A _federal_ state, on the other hand, is an agglomeration of

smaller states, each of which retains its own government but with a

central government possessing certain powers over them all. The German

empire, a few years ago, was an example of a federal state under a

monarchical form of government, while the United States affords an

illustration of federalism with republican institutions. This

classification is worth while, for it tells us something tangible about

the states so classified. When we say that a state is of the federal

type we imply that it has two spheres of government within it; that is

has a written constitution defining these spheres; that the upper house

of its parliament or legislature in some way represents the component

units of the federation and that it has, in all probability, some

powerful arbiter such as a supreme court to decide conflicts of

authority between the nation and its component parts. Practically all

federal states, at any rate, have these political characteristics. One

cannot imagine a successful federal state without a written

constitution, without division of political powers, without some

existing authority to decide between the respective claims of the whole

and its parts.

[Sidenote: True and false democracies.]

But the most important thing that a student of government ought to know

about any state is whether it merely possesses the forms of democracy or

whether the people in fact control the government. Nearly all

present-day states have the external forms of democracy, that is to say,

they have representative legislatures or parliaments which bulk large in

the general scheme of government. But as to the actualities of

democracy, the extent to which these representative bodies really direct

and control the affairs of state, there is a considerable difference

among the nations. A classification of states from this point of view

can be made only after a careful study of their actual governments. It

is not the form of government which makes a democracy, but the way in

which popular control of public affairs is actually secured and

sustained.

[Sidenote: The spread of democracy.]

=Is Democracy the Best Form of Government?=—During the past few years

democracy has been rapidly gaining ground. The governments of Germany,

Austria, Hungary, Poland, and other countries have been reconstructed in

such way as to give them, outwardly at any rate, the rank of democratic

states. But in spite of this phenomenal progress, which came on the

heels of the World War, it remains a fact that more than half the

population of the world is still living under systems of government

which the people do not control. The world has not yet been made safe

for democracy, nor half of it.

This suggests the question whether democracy is the best form of

government for all races and under all circumstances. Is it best for

backward races, for races only partly civilized? Is it the best system

for people who have had very little political experience, such as the

Egyptians, the Chinese, and the Filipinos? Are we quite certain, in

fact, that it is the best form of government for fully civilized

mankind? Most people have always felt sure that democracy is the nearest

approach to an ideal form of government, but if you ask their reasons

for this belief, you will frequently find that they have never thought

of any reasons. Democracy has been and is being severely criticized by

various writers who declare that it merely places political power in the

hands of the ignorant and unthinking masses, that it leads to

wastefulness, extravagance, and corruption, that it fosters incompetence

in public office, and that it results in woeful misgovernment.[18]

Now it is quite true that democracy does all this in some cases, but

however grave the indictment may be, the friends of democracy can always

answer: “What better alternative do you offer?” The great Italian

statesman, Cavour, once remarked that, whatever faults it might have, a

legislative chamber was better than a king’s antechamber. The

justification of democracy is that it ensures, not necessarily the best

government, or even good government; but the sort of government the

people earn for themselves. A stream does not rise higher than its

source. Nor can a representative government reach any higher level than

that on which the people maintain it. It will reflect the intelligence,

honesty, and patriotism of the governed. That is one reason why we

should not apply to backward races the same principles of government

which we apply to more civilized people. Democracy is the best form of

government for those who are able to govern themselves, but this does

not include all the people of the earth by any means.

[Sidenote: How a government fulfils its purpose.]

=The Purpose of Government.=—Having seen how governments originated,

what forms they have assumed, and why they ought to be obeyed, it may be

well to ask ourselves: What is the purpose of government? What ends does

it serve?

The purpose of government is to promote the interests of each by

promoting the interests of all. This end it seeks to attain in various

ways. It protects the whole body of its people against external

aggression, against foreign invasion. It also in this connection

maintains the rights and liberties of its citizens against wrongful

interference on the part of foreign states or citizens. It is for this

purpose that armies and navies are maintained. The government safeguards

its own citizens from injustice at the hands of one another. This it

does by laws which define the relations of individuals to one another,

and of one group of individuals to other groups. These laws prescribe

the relations of husband and wife, of parent and child, of landlord and

tenant, of employer and employee, of office-holder and citizen—they

define and regulate every person’s rights and duties towards others. In

order that we may exercise our rights and perform our duties we must

first know what they are. The state, through its laws, tells us. Through

its courts, moreover, it applies such pressure upon reluctant

individuals as may be necessary to make these rights and duties real. In

a word, government exists to enforce rights and to secure liberty.

[Sidenote: Relation of government to individual rights.]

Were every individual immune from the jurisdiction of any superior

authority, and free to do as he pleased, he would have to accord every

other individual the same immunity and the same freedom. He would then

have no rights that anyone else would be bound to respect. He would have

no liberty that others could not, by force, take away from him. He would

have no security against violence to his person or property. The

strength of his own strong arm would be his only protection. What a

condition of chaos, injustice, bloodshed, and anarchy that would be!

[Sidenote: The constructive work of government.]

Not all the government’s work, however, takes the form of protection and

regulation. Its functions are constructive as well. Through its various

departments it actively promotes the general interest and thereby the

interests of each citizen. It not only protects the public health by

regulations and restrictions; it fosters and promotes things that help

to raise the general standards of health among the people. It does not

merely make rules to prevent ships from colliding with one another; it

sets out buoys and beacons, builds lighthouses, and maintains

life-saving stations. It does not merely protect agriculture by

regulations to prevent the spread of noxious weeds and pests; it

actively assists the improvement of agriculture by means of experiment

stations and the distribution of educational literature. The government,

indeed, is the greatest of all the agencies through which society

undertakes its tasks of using the resources of nature to the best

advantage, eliminating friction and waste, adjusting the conflicting

claims of individuals, and giving to each and all an equal opportunity.

[Sidenote: The citizen’s obligations to his government.]

From all this it ought to be apparent that the state and its government

are the agencies through which the individual obtains rights,

protection, assistance, and liberty. But neither rights nor liberty can

be achieved without incurring an obligation in return. To the state,

which secures us rights and liberties, we owe the duty of patriotism.

Patriotism is not a mere sentiment. It is a concrete expression, by

thought, word, and act, of the citizen’s respect for the state to which

he belongs. It should be based upon recognition of the fact that without

the security, the justice, and the freedom which the state provides,

life would not be worth living. Patriotism is a mixture of pride,

gratitude, and faith,—pride in the great community to which a man

belongs, gratitude for what it is doing, and faith in what it may do for

posterity.

[Sidenote: The limits of governmental action.]

=How Far should Governments Go?=—One of the live questions of the

present day concerns the extent to which the government ought to go in

trying to fulfil these various purposes. Should it merely make laws,

coin money, establish post offices, maintain an army, or should it

actively engage in such activities as operating the railroads, the coal

mines, and even the factories of the country? On the one hand there are

those who take an individualistic or _laissez-faire_ attitude towards

governmental policy and maintain that the government should interfere as

little as possible with the daily life of the people. It should confine

itself, the individualist claims, to political matters purely, leaving

economic affairs entirely alone. At the other extreme are the

socialists, who believe that the government ought to step in and

directly control all important agencies of production. It should own all

the land, the public utilities such as railroads and telegraph lines,

the mines, and all the agencies of production (pp. 481-488).

Both individualism and socialism represent extremes; most men take a

midway stand as regards the proper functions of government. The greatest

good of the greatest number among the people cannot be secured unless

the government interferes to some extent with the free play of economic

forces. It must prevent gross injustice wherever gross injustice

appears. No government fulfils its highest aim unless it becomes an

ever-active force in making our common life more human and more fruitful

in the good will of class toward class and of man toward man. On the

other hand it must take care not to invade the field of private

enterprise so far as to take upon itself greater burdens than can be

properly carried.

Too much government is as bad as too little. In a democracy, where

public officials are chosen by popular vote, often with little reference

to their personal ability, there are obvious limits to what a government

can do and do well. The individualist starts with the assumption that

governments are always inefficient when they meddle in affairs of

everyday life. The socialist, on the other hand, assumes that

governments can always secure better results than private enterprise in

any field of economic activity. The truth, as usual, lies between the

extremes. To fix a rigid line between the two sets of functions, as one

would draw the boundary of two countries on a map, is impossible. To

attempt this would be to forget that civilization is ever moving on,

bringing new social needs in its train. Every proposal to extend the

functions of government must be determined on its own merits and not

upon the basis of its conformance to any rule.

[Sidenote: Government as a science.]

=The World a Great Laboratory for Experiments in Government.=—Everywhere

throughout the world the process of experiment in forms of government is

going on, twenty-four hours a day, in ceaseless round. And it has been

going on for more than two thousand years. Every experiment in political

organization that the human mind can suggest has had, or is having, its

trial somewhere. During the past few years we have seen earth’s proud

empires pass away and new republics rise in their stead, just as two

thousand years ago the great Roman republic collapsed and an empire took

its place. The astronomer who scans the heavens with his telescope

commands no such laboratory of endless experiment and sees no such

continuous panorama of change as the student who watches with naked eye

the political activities of his fellow-men. That is what makes the study

of government, when carefully pursued, the most interesting and most

instructive of all studies. “On earth”, as the poet Pope has said,

“there is nothing great but man”. And it is in his organized activities

that man shows himself at his best.

General References

JAMES BRYCE, _Modern Democracies_, especially Vol. I, pp. 24-50; II, pp.

335-610;

WOODROW WILSON, _The State_, pp. 1-68;

J. Q. DEALY, _The State and Government_, pp. 119-181;

J. W. GARNER, _Introduction to Political Science_, pp. 86-204;

STEPHEN LEACOCK, _Elements of Political Science_, pp. 3-51; 141-153;

_Cyclopedia of American Government_. (See under State Government, Social

Compact Theory, Separation of Powers, etc.).

Group Problems

1. =To what extent should the government engage in business?= The

original functions of government. Growth of governmental activities.

Extent of governmental enterprises in European countries. Government

enterprises in America. Effects of government enterprises on private

initiative. Effects on the government itself. Relation of government

activities to the maintenance of democracy. Conclusions. =References=:

J. W. GARNER, _Introduction to Political Science_, pp. 273-310; WOODROW

WILSON, _The State_, pp. 41-57; STEPHEN LEACOCK, _Elements of Political

Science_, pp. 386-409; J. G. BROOKS, _The Social Unrest_, pp. 46-67.

2. =The faults of democratic government. References= E. L. GODKIN, _The

Unforeseen Tendencies of Democracy_, pp. 96-144; EMILE FAGUET, _The Cult

of Incompetence_, pp. 12-36; A. M. KALES, _Unpopular Government in the

United States_, pp. 21-90; ALLEYNE IRELAND, _Democracy and the Human

Equation_, pp. 80-118; A. B. CRUIKSHANK, _Popular Misgovernment in the

United States_, pp. 1-27.

3. =The merits of democratic government. References=: C. W. ELIOT,

_American Contributions to Civilization_, pp. 1-102; JAMES BRYCE,

_Modern Democracies_, especially, Vol. II, pp. 527-610; J. Q. DEALEY,

_The State and Government_, pp. 338-353.

Short Studies

1. =What end does the state serve?= WOODROW WILSON, _The State_, pp.

58-68.

2. =The stages in the development of government.= J. Q. DEALEY, _The

State and Government_, pp. 24-45.

3. =The divine right of kings.= R. G. GETTELL, _Readings in Political

Science_, pp. 118-120; _Cyclopedia of American Government_, Vol. I, p.

605.

4. =The Mayflower compact.= WILLIAM MACDONALD, _Documentary Source Book

of American History_, p. 19; EDWARD CHANNING, _History of the United

States_, Vol. I, pp. 308-310.

5. =Does federalism mean weak government?= A. V. DICEY, _The Law of the

Constitution_, pp. 162-172; JAMES BRYCE, _American Commonwealth_, Vol.

I, pp. 334-341.

6. =The system of checks and balances.= W. B. MUNRO, _The Government of

the United States_, pp. 47-52; _The Federalist_, No. 47.

7. =The meaning of self-government.= P. L. KAYE, _Readings in Civil

Government_, pp. 15-21.

8. =The relation of government to economic life.= S. P. ORTH, _Readings

in the Relation of Government to Property and Industry_, pp. 25-38.

9. =The first principles of democracy.= F. A. CLEVELAND and JOSEPH

SCHAFER, _Democracy in Reconstruction_, pp. 48-66.

10. =Jeffersonian and Jacksonian democracy.= A. C. MCLAUGHLIN, _Steps in

the Development of American Democracy_, pp. 78-116.

11. =The outlook for democracy in America.= F. A. CLEVELAND, _Organized

Democracy_, pp. 438-448.

12. =The economic functions of government.= C. J. BULLOCK, _Introduction

to the Study of Economics_, pp. 478-492.

Questions

1. What is the difference between a state and society? Is India a state?

Are the Esquimos a state? Are pirates citizens or subjects of a state?

Did the Mayflower Pilgrims constitute a state before they touched land?

2. Has the doctrine of evolution affected our ideas concerning the

origin of government? Are there any primitive types of government in the

world today?

3. Give some examples of the “constructive work of government” besides

those mentioned in the text.

4. Why are ancient classifications of government practically useless

today? When you say that the United States is a _federal democratic

republic_ what ideas do you intend to convey in each of the three

italicized words?

5. Do you believe that the plan of government now existing in the United

States would be suitable for (_a_) the British Empire; (_b_) China;

(_c_) Switzerland; (_d_) Canada? Tell why or why not in each case.

6. Make up lists of the functions which properly belong to national,

state, and local governments respectively. Give your reasons for placing

such things as “education”, “fire-protection”, “public health”,

“criminal law”, “conservation of natural resources”, and “regulation of

commerce” in one or the other list.

7. James Madison once said that the concentration of legislative,

executive, and judicial powers in the same hands would be “the very

definition of tyranny”. What did he mean? Was he right? Does the same

danger exist today?

8. Arrange the mandatory functions of government in what you believe to

be their order of importance and give reasons for your arrangement.

9. Can you name any characteristics of American government other than

those given in the text? Do the following things distinguish American

government from other governments: woman suffrage, an elective

president, the absence of an hereditary nobility, two-chambered

legislatures, a supreme court?

10. In what ways may direct government be better than representative

government and in what respects not so good? (Consider such general

problems as ensuring responsiveness to the will of the people,

deliberation, the absence of corruption, educational value, and

expense.)

11. What did President Wilson mean when he said that the world must be

made “safe for democracy”? Can the world be safe for democracy while

great and powerful monarchies remain? What changes in addition to the

dethronement of the Kaiser did Americans consider essential in order to

make Germany a democracy?

12. Argue against the proposition that the study of government is the

study of a science.

Topics for Debate

1. Written constitutions have been a hindrance rather than a help to the

development of American democracy.

2. Andrew Jackson was more of a _democrat_ than Thomas Jefferson.

3. It is not right under any circumstances to subject a people to

government without their own consent. #/

Social Civics · 第 4 / 32 章