Page:Popular Science Monthly Volume 46.djvu/280



ROF. R. T. ELY, in an article entitled Fundamental Beliefs in my Social Philosophy, contributed to the October Forum, raises the question, "What is the source and sanction of the authority of the state?" "Is the state," he goes on to ask, "a mere aggregate of individuals accomplishing their purpose simply by brute force? Does might make right? If it does, then is not the question between anarchy and its opponents simply a question of superior force? But if might does not make right, what does make right? Has the state an ethical nature? If the state is itself nonethical, can the power which it exercises have an ethical element? But if it is devoid of an ethical element, can it rest upon anything less than mere brute force?" This is rather a long string of questions, and the professor tells us that he will not attempt to answer them; but he observes that if the state is a divine institution and derives its authority from God, "then we have a ground of opposition to anarchy." Otherwise—he evidently means us to infer—our ground is very weak.

It seems to us that this is a good example of the confusing of a comparatively simple matter by the introduction of what Auguste Comte would have called "metaphysical" considerations. Let us take the several questions as they come. "Is the state a mere aggregate of individuals accomplishing their purpose simply by brute force?" Answer: No, the state is an aggregate of individuals whose views in regard to what is a desirable constitution of society are in the main harmonious, and who have no occasion to use brute force except upon a certain limited number of stupid offenders against laws which, in their general operation, make for the good of the community as a whole. "Does might make right?" Answer: No, might does not make right, but it is an excellent thing for giving effect to what the upholders of social order believe to be right. "If it does, then is not the question between anarchy and its opponents simply a question of superior force?" Answer: No, for if might makes right (which is the hypothesis), then right as well as might is on the side of the state. "But if might does not make right, what does make right?" Answer: The only way to "make right" is to do right actions. Right is something that can never be more than approximately attained; but we hold that social order is right because it secures, or at least makes possible, the happiness of the great majority of human beings, and deprives none of happiness save those whose happiness involves unhappiness to others. "Has the state an ethical nature?" We wonder whether Prof. Ely stopped to consider just what he meant by this question. "The state" has no character apart from the individuals who represent and carry on its action. If it be asked whether these persons, the legislature, the executive, the judiciary, have ethical aims in view, we may answer that in general they have—that is to say, they make, administer, and interpret laws with a general view to the good of the community and to principles of equity between the individual members thereof. So far as this underlying intention is present, the action of the state is ethical; so far as it is absent, is it nonethical. The obligation to be governed by such an intention is one that rests upon each person having public functions to perform individually. He either feels or does not feel individually a sense of duty in