The State and Its People Richard Ekins
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The State and Its People Richard Ekins* Abstract This article considers the relationship between the state and its people, reflecting on Nick Barber’s principles of constitutionalism. The joint intention of the people is central to the social reality of the good state, which is an institution- ally ordered people. Other forms of political order, including empire, are possible, but there is good reason for a people to form a state and to exercise political agency. While under some conditions non-democratic rule is legitimate, there is good reason for authority to be shared widely and for rulers to foster close con- nections with the ruled, which makes self-government possible. Barber’s account of subsidiarity risks neglecting social solidarity in general, and nationality in par- ticular, which would undermine the joint intention of the people. The sovereign state is the means by which a people participates in the international realm, but sovereignty may be misused to alienate a people from the state. Keywords: N.W. Barber, Constitutionalism, Sovereignty, Democracy I The principles of constitutionalism, Nick Barber says, “speak to the creation and structuring of state institutions.” 1 An operative state, he maintains, requires “a set of institutions able to assert, and to an extent exercise, sovereignty.” 2 The principle of sovereignty is related to the separation of powers and the rule of law, which are all necessary features of the state, as is “the principle of civil society.” 3 The final two principles—democracy and subsidiarity—are not strictly necessary, but democracy “provides, in part, the justification for the existence of the state and the operation of law” and subsidiarity speaks to the state’s shape and struc- ture. Barber’s reflection on these six principles is careful, elegant and * St John’s College, University of Oxford. Email: richard.ekins@sjc.ox.ac.uk. I am grateful to Yuan Yi Zhu and John Finnis for helpful comments on an earlier draft; the usual disclaimer applies. 1 N. W. Barber, The Principles of Constitutionalism (Oxford: Oxford University Press, 2018), vii. 2 Ibid. 3 I say elsewhere that “it is not always entirely clear how civil society is a principle of constitu- tionalism or what the principle is. Relatedly, it is not obvious that all states respect civil society— rather, some aim to co-opt, dominate, suborn, purge, or terrorize non-state groups. The chapter [chapter 5, on civil society] in the end seems to me to make out a different and more interesting proposition, namely that the health (and strength) of a state turns in part on its support for non- state groups, even if this exposes some states to danger.” See Richard Ekins, “Review of The Principles of Constitutionalism,” Law Quarterly Review 135 (2019): 516. V C The Author(s) 2021. Published by Oxford University Press on behalf of University of Notre Dame. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. The American Journal of Jurisprudence, Vol. 66, No. 1 (2021), pp. 49–67 doi:10.1093/ajj/auab011 Advance Access Published 19 July 2021 Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 illuminating. But, I shall argue, in some important ways his book misconceives the relationship between the state and its people. The joint intention of the peo- ple is central to the social reality of the good state, which frames how one should think about democracy and about the shape of states, including the importance of solidarity and the relevance of nationality. It also helps one see the risk that states, whether by accident or design, may dissolve the people. II How do the people stand in relation to the state? Reviewing The Principles of Constitutionalism, two years ago, I said “the book never makes entirely clear, I think, whether the state is a set of governing institutions or a people structured by way of institutions.” 4 In his earlier book, The Constitutional State, Barber argued that the state was a social group, 5 which “has members, in its citizens and subjects, amongst others.” 6 I do not know who the “others” are, but speculate Barber may have had in mind some non-nationals residing in the territory, such as asylum-seekers, refugees or permanent residents. That said, he goes on to make a sharp distinction between nationals, who “are members of the state; part of the social group which makes up that body” and non-nationals, who “are not members of the group, but . . . may still have a relationship with the state.” 7 In his later book, Barber says relatively little about state members as such, perhaps taking for granted his earlier discussion, but also, I think, at times taking the state to be a set of institutions. He maintains that the defining purpose of the state, a purpose only some states realize (and only some even seek), is the well- being of its people. 8 Barber often speaks about the state as if were a set of institu- tions exercising control over the people, a people that is not itself the state. In a pivotal passage, he says that “[t]he state claims authority over its people and over those within its territory; it claims to have the final say about how those people ought to behave.” 9 Here and elsewhere, the emphasis seems to be on institutions claiming authority and exercising control over a people and a territory, making it unclear whether the people form part of the state or are simply the objects of state action. On balance, I take Barber to argue that the state consists in institutions that make certain claims and in the persons whom those institutions assert are mem- bers, provided that those persons in fact conform. 10 The state is sovereign insofar as it succeeds in controlling its people, which includes exercising such control without outside interference. For this purpose, legitimacy is neither here nor 4 Ibid., 515 5 N. W. Barber, The Constitutional State (Oxford: Oxford University Press, 2012), 25. 6 Ibid., 31. 7 Ibid., 48. 8 Barber, Principles of Constitutionalism, 5, 10, 18, 221. 9 Ibid., 25. 10 See Barber, Constitutional State, 2, on membership as a function of a rule, which “the mem- ber” may not accept; cf. Richard Ekins, “Review of The Constitutional State,” Law Quarterly Review 128 (2012): 310 50 Richard Ekins Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 there, Barber says, because there are many states in which governments widely thought to be illegitimate remain in power, relying on coercion and self-interest, rather than on popular support for legitimate authority, to control the people. 11 The state that does not secure the wellbeing of its people would in an important sense be a failure, on Barber’s account, 12 but in another sense would be no less a state insofar as it exercises control, ruling over its people and its territory. This is a familiar account of statehood, central to public international law and its concern for relations between states. But it is a rather passive account of the role of the people in the social group that is the state. I do not mean that Barber is skeptical about democracy; on the contrary, he is an enthusiast. My point is that at times he frames the people as the objects of state action, those targeted by state claims, who for one reason or another largely conform. 13 True, on his view, they are also the objects of state action in the more attractive sense that a good state would act for their wellbeing, 14 a complex good which is a reason to create or maintain a state. But what constitutes the state, on Barber’s account, seems to be the fact of control, control which may be abused or may be exercised over an alienated, passive people. What this obscures, to my mind, is the significance of the joint intention of the people in explaining the state. The central case of a state is an institutionally ordered people, in which the people are not the passive objects of another’s rule but are active participants in a political community which they recognize as their own. In conversation with Weber, 15 Barber notes that states in which the people do not accept the legitimacy of their rulers are likely to be unstable, but argues fur- ther that this is contingent and that in some cases such states may prove more stable than those that enjoy broad popular support. 16 True enough, and in some states the strategy of the rulers may be to maintain their rule not by cultivating popular support but by demobilizing the people, alienating them from rule. However, the good state, which Barber should (and to some extent does) make central to his account, is one in which the state is constituted by the joint inten- tion of its members, that is, of its people rather than only of the persons who lead and staff its institutions. In the central case of statehood, the people under- stand themselves to be members of a group within which authority is rightfully exercised. 17 They do not form a people by reason of a rule imposed by some au- thority, domestic or international, or because of the sheer fact that power is exer- cised over them by others. Prisoners in a jail form a group, no doubt, sharing a 11 Barber, Principles of Constitutionalism, 30-31. 12 Ibid., 5. 13 Cf. Barber, Constitutional State, 48: “The subject is the passive recipient of the state’s commands.” 14 Ibid. “Obedience to these commands should promote the subject’s well-being—the state remains under this obligation—but the subject is not the author of these commands, even indirectly.” 15 Max Weber, “Politics as a Vocation,” in From Max Weber: Essays in Sociology, ed. H. H. Gerth and C. Wright Mills (London: Routledge, 1991), 78. 16 Barber, Principles of Constitutionalism, 30. 17 Richard Ekins, “How to be a Free People,” American Journal of Jurisprudence 58 (2013): 171- 173. 51 The State and Its People Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 common plight and each subject to the same prison authorities and rules, but they differ in kind from members of a purposive group, a group that recognizes itself as such. The people help form a state insofar as they form a group the members of which recognize that they share a common good with one another, a common good which they jointly intend to secure together. Those who understand them- selves in this way stand ready to recognize common authorities and to support those authorities, when they arise, adopting the authority’s choices as if they were their own and acting at personal cost to secure the common good of the group. Their joint intention is to form and remain one political community, 18 acting in the world (at home and abroad) to promote and defend their common good, including by maintaining continuity with past rules. This is a social reality markedly different from a set of institutions acting on an alienated, demobilized people, especially if the institutions are predatory but even if they are beneficent. When the people jointly intend to secure their common good by way of their institutions, the ruled stand in a particular relation to the rulers, for the action of the rulers is a means by which the ruled also act. Further, when the people form a purposive group, jointly intending to live together and to be ruled by authorities they recognize as their own, rulers are much better placed to govern, for the governed will tend to comply voluntarily, without coercion. Relatedly, the state is well-placed to mobilize the members of the group to act for the com- mon good. The willing participation of members of the state is a considerable resource, which states may cultivate in part for this reason, viz. even rulers that intend only to defeat or eclipse rival states may act thus. None of this is to deny that there are states within which institutions control the people by coercing them, or demobilizing them such that the state acts des- pite the people, disarming them and extracting wealth without popular interfer- ence. But this important possibility should not lead one to discount the significance of the joint intention of the people in the central case of a state, where rulers and ruled are united to this extent at least, a unity that is consistent with inevitable and routine disagreement about what should be done. 19 That is, rulers and ruled form a social group, an institutionally ordered people, which attempts to secure its common good. The group is formed by those who intend to act jointly, who will recognize one another as fellow members. The people understand themselves to be a group, which shares a common good and institu- tions that exercise authority, or at least stands ready to recognize such institu- tions. The state is this group acting by way of its institutions, ruling itself by way of rulers accepted to be legitimate. The state, understood as an institutionally ordered people, is clearly not the only possible form of political order. The state in which the rulers are alienated from the people and control what is done by the people or within the territory, 18 Ibid., 170. 19 Ibid., 175-176; for discussion of how the voting minority is nonetheless party to legislative ac- tion, see Richard Ekins, The Nature of Legislative Intent (Oxford: Oxford University Press, 2012), 219-220, 222, 234. 52 Richard Ekins Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 is a distortion of the central case, more or less severe depending on whether those who are ruled continue to recognize themselves as a people, who share a common good and who should be ruled by legitimate authority. Consider also empire, in which authority, which may or may not be recognized to be legitim- ate, is exercised over multiple peoples, rather than over a single people that rec- ognizes itself as such. Barber speaks of the state acting for the wellbeing of its people, perhaps assuming either that there is a single people over whom author- ity is exercised, or that persons over whom authority is exercised form a single people by virtue of their common subjection to the same authority. But the di- verse peoples who formed part of, say, the Austro-Hungarian empire or the British empire did not understand themselves to act jointly as part of a single in- stitutionally ordered people. This or that people stood in its own relationship to the imperial whole, which was plausibly understood to be a state in a real sense, for it ruled the whole and stood in relation to other states as an equal. But with- in the imperial whole—for example the sovereign state that was the British em- pire—there were multiple peoples, only some of whom (the British, at home and in the colonies) understood themselves to form a people that acted jointly by way of imperial institutions. For the other peoples of the empire, even if or when British imperial rule was regarded as legitimate, that rule was foreign, ra- ther than the way in which one’s own political community had formed itself for action. The social reality of empire confirms that different types of state (of complete political community) may stand in quite different relationships to those over whom they exercise authority. The good state, which Barber aims to elucidate, is one in which a single people is ruled by rulers which it recognizes as legitimate. The appeal of the imperial form, in some times and places, is that it may provide a means for multiple peoples to live well, or at least peacefully with one another, without each needing to take full responsibility for the common good, which remains in part the responsibility of imperial institutions. 20 The appeal of the nation-state, a term that Barber does not use but which he often seems to take for granted, is precisely that it makes it possible for a single people to avoid such dependence (which may be humiliating and/or dangerous) and instead to take full responsibility for its common good, to decide for itself what should be done. I postpone for the time being the significance of nationality in demarcating the people (and thus the state), but note that without some focus on joint inten- tion, on a people understanding itself to be ruling—self-governing—by way of its own institutions, the nature of the good state is hard to perceive, and its dif- ference from empire likewise. Barber sees much of what is valuable about state- hood, with his chapter on sovereignty in particular making clear the moral importance of the state’s freedom to determine what is done within its territory, without external interference. 21 His discussion would be strengthened, I suggest, 20 Consider by analogy how federal government may protect national minorities: Will Kymlicka, “Federalism, Nationalism, and Multiculturalism,” in Theories of Federalism, ed. Dimitrios Karmis and Wayne Norman (New York: Palgrave Macmillan, 2005), 284-285. 21 Barber, Principles of Constitutionalism, 32-41. 53 The State and Its People Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 if it saw more clearly the importance of the joint intention of the people in explaining the social reality of the good state, with a free people having good rea- son to form itself into, and to maintain its existence as, a sovereign state. The point of the state, for Barber, is to secure the wellbeing of its people. I say that a people should form and maintain a state because this is a reasonable means to secure their common good. Recognizing that one shares a common good with others, and standing ready to act with them to secure it, is what forms a group of persons into a people, a social group primed for political agency. While broadly accurate, Barber’s formulation, the wellbeing of the people, may imply passivity, underplaying the extent to which the common good consists in a group that acts well, treating one another decently and helping each of them in turn to live well. More generally, part of the point of forming a state is to make it possible for the group, the people, to act well. That is, we form ourselves into an agent that is capable of doing what should be done, not only in ruling our- selves justly, but also in engaging with our neighbors and others. In honoring an alliance or providing famine relief to the misfortunate abroad, the state is a ve- hicle for a people to act. The paramount object of the state’s action is the political common good, 22 but the state is morally obliged to pursue that good honorably and justly, making due provision for the interests of others, including by helping stabilize, free, or support other states and/or their (captive) peoples, and to protect persons who do not or cannot enjoy membership of such a political community, especially stateless persons and refugees fleeing persecution in their own state. The priority of our common good is not best termed “moral myopia,” for the state is not arti- ficially narrowing the scope of its moral vision. 23 Our common good is a true and important good, which warrants action. However, I agree that the state’s focus on this common good, leaving the interests of other citizens to be pursued first by other states, is justified in part by the multiplicity of states, each of which is responsible for the good of a distinct people. In the absence of such a state sys- tem, the argument for empire would be stronger, for the few states that did exist would have responsibilities to persons unprotected by states, responsibilities that might require (temporarily) ruling them. The moral importance of state mem- bership justifies states in creating other states. It also justifies states acting jointly to minimize statelessness, which is an anomaly to be avoided, and in making provision for refugees to be protected and supported. International law helps specify these moral obligations to non-members, but much remains to be decided by sovereign states (free peoples) who must secure their common good and act justly and generously to others. 24 In short, the good state is a people given institutional form, which acts for its common good. The joint intention of the people is the foundation of the state’s 22 Viz. the common good insofar as it is justly the subject of temporal power to secure and promote. 23 Cf. Barber, Principles of Constitutionalism, 38-39. 24 Richard Ekins, “The State’s Right to Exclude Asylum-seekers and (Some) Refugees,” in The Political Philosophy of Refuge, ed. David Miller and Christine Straehle (Cambridge: Cambridge University Press, 2019), 39-58. 54 Richard Ekins Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 capacity to act, for the people recognize the legitimacy of those who rule, and adopt their decisions (in the exercise of their public authority) as if they were their own. A state can exercise power without legitimacy, of course, but this is a non-central case precisely because the people lack the close connection to their institutions that characterizes the good state. It follows that the distinction be- tween members and non-members of the state is significant, because it is mem- bers who act (and when not acting, have the disposition to act) jointly and who share a common good to which the state is ordered. Non-members will hold cer- tain rights, but will not be active members of the political community, which follows from the shape of the purposive group that is the state. III My account of the good state, which centers on the joint intention of the people, is at odds with Barber’s account of the operative state, which may exercise effect- ive control over an alienated or demobilized people, or even a set of persons who do not think of themselves as a people. However, a main part of Barber’s argu- ment for sovereignty turns on the importance of the state, or at least the well- ordered state, as the type of community within which democracy is possible. 25 And when he turns to the principle of democracy itself, he argues forcefully that institutions should be ordered in such a way that members of the state are able to be citizens and not just subjects. 26 Barber is, I said above, an enthusiast for democracy, which I mean as high praise. He claims that “an undemocratic state is, necessarily, a failing state” and he aims to explain how institutions, especially the legislature, should be arranged to realize the principle of democracy. 27 If the undemocratic state is, necessarily, a failing state this must mean, for Barber, that such a state fails to secure the well-being of its people. This is how he spells out the argument: 28 In a non-democratic state, members are subjects rather than citizens: governing is some- thing that is done to them, rather than by them. It is possible for non-democratic states to be governed well—the prince may be wise and caring—and it is even possible for a non-democratic state to listen to, and respond to, the wishes of its people. But non-democratic states cannot treat their people as citizens; they can never treat them as constitutional—and by derivation, moral—equals. The constitutional structure of non- democratic states implies that only a subset of those who would otherwise be citizens is entitled to govern. Those who are excluded are treated—by the state—as being incapable of governing themselves. Like children, they may be permitted to plead and argue with those who make decisions about them, but they are never able to take those decisions for themselves. The wishes and opinions of the non-governing group are treated as of lesser 25 Barber, Principles of Constitutionalism, 33-35. 26 Ibid., 148-149; see also 154: “It is impossible for direct democracy to successfully create the connections between citizens and state institutions required if the state is to function successfully.” 27 Ibid., 149. 28 Ibid., 148-149. 55 The State and Its People Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 weight than those of the governors – and, crucially, this lack of weight does not turn on the contents of those opinions and wishes, or the failure of their advocates to persuade others, but because the constitution itself specifies that these individuals are not entitled to share in the act of decision-making. The argument is attractive but overstated. It is too strong to say that in the non- democratic state governing is simply or necessarily something that is done to you rather than by you. If the subjects of the law recognize the prince, or other ruler, to be legitimate, to be exercising authority for their common good, they will adopt the ruler’s choices as if they were their own. 29 In this limited but real sense the ruled have a share in lawmaking, in government. 30 Further, the prince will not always, or perhaps even often, rule alone. In many non-democratic states there are many governing offices, not all of which are exercised by the prince or his handpicked servants alone. The prince has good reason to share authority widely, a proposition Aquinas articulated eight hundred years ago and which underpins the ancient idea of the mixed constitution. 31 The non-democratic state does not share authority as widely as the democratic state. But some limitation on who rules, some distinction between ruler and ruled, is not per se inconsistent with moral equality. On the contrary, every form of constitutional government makes the choices of those who govern bind those who are governed. The difference that democracy makes is that the governed have a share in governing, not only in the limited sense sketched above but in the more direct sense of freely making choices that shape how power is exercised, including by seeking election, electing others, or voting in a plebiscite. Limiting who shares authority requires careful thought for, as Barber suggests, equality provides a strong reason for all to share. In the extract quoted above, Barber implies that rule by a prince, for example, is always and everywhere un- just. He goes on to argue that democracy is intrinsically valuable because it instantiates moral equality. 32 I agree that having a share in government is valu- able but deny that the rule of a prince is always unjust. 33 Interestingly, Barber too may think that the principle of democracy has a lim- ited reach, and hence that there may be princes who are just and legitimate, for he adds two caveats to his claim that moral equality requires compliance with the principle of democracy. 34 The first is that there is an instrumental case for democracy, which is contingent on social conditions; the second is that in some times and places the state is not yet ready for democracy. Barber does not reflect at length on how these two points relate to one another, but their connection is clear enough. In some times and places, it would be wrong to attempt to govern 29 John Finnis, Aquinas: Moral, Political and Legal Theory (Oxford: Oxford University Press, 1998), 255-258. 30 Richard Ekins, “Self-Government and the Kingdom of Heaven,” in Christianity and Constitutionalism, ed. Nicholas Aroney and Ian Leigh (New York: Oxford University Press, forthcoming). 31 Aquinas, Summa Theologiae I-II q. 105, a. 1. 32 Barber, Principles of Constitutionalism, 149. 33 Ekins, Nature of Legislative Intent, 143-144. 34 Barber, Principles of Constitutionalism, 149. 56 Richard Ekins Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 consistently with democratic principle. Instead, some ruler should rule without sharing authority, or without sharing it as widely as democratic principle would otherwise demand. Barber puts the point in this way: “[s]imply imposing the constitutional structures of democracy on a society is not enough: there needs to be a community that is ready and willing to make use of these structures.” 35 Indeed. The prince who rules a people that is not yet capable of exercising au- thority more directly does not act unjustly; nor do the people act unjustly when they support such a prince in ruling them. The people’s lack of capacity need not turn on judging the persons who make up the people to be children or vi- cious. Rather, the lack of capacity may vest in the people singular, the group it- self, which is not (yet?) well-placed to participate in deliberation or decision about how best to secure its common good. 36 Rule by the prince need not be premised on, or instantiate, denial of moral equality. The prince’s entitlement to rule is not strictly speaking an entitlement; it is a duty to govern 37 —to undertake the responsibility of politically promoting and defending the common good of the whole people—a duty which arises from his capacity to coordinate how others act, a capacity which must be exer- cised if the common good is to be secured. In obeying the prince, members of the political community keep faith with one another, helping to realize their common good by their action. 38 The need for government is fundamental and comes before the question of who should govern, the answer to which is (in that base case) that whoever can govern should govern. In making provision for who should govern next, the ruler should aim for good government and self-govern- ment, 39 which is a standing reason to share authority as widely as is responsible. The instrumental advantages of democracy, which Barber traces, 40 are important in part because they help make it clear that sharing authority widely is often a way to govern well, and to govern fairly, not an abandonment of good govern- ment. But if sharing authority more widely would, in some particular social con- ditions, destabilize government, degrade lawmaking, encourage corruption and/ or distract the government from acting for the common good, this may provide sufficient reason not to share authority. All this is implicit in Barber’s full argument, which qualifies the force of his denunciation of non-democratic rule in the extract quoted above. Still, I think Barber’s conclusion that an undemocratic state is a failing state is too strong. It would be better to emphasize his claim that states ought to work towards com- pliance with democratic principle. In making provision for good government in the conditions in which they find themselves, a people that supports a prince acts justly and is not failing. Even a prince ruling over an unwilling people, securing their common good despite their intransigence or resistance, acts justly, 35 Ibid. 36 See also Arthur Isak Applbaum, “Forcing a People to be Free,” Philosophy & Public Affairs 35 (2007): 359-400. 37 Leslie Green, “The Duty to Govern,” Legal Theory 13 (2007): 165-85. 38 Finnis, Aquinas, 264. 39 Ekins, “How to be a Free People,” 172. 40 Barber, Principles of Constitutionalism, 149. 57 The State and Its People Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 although the lack of joint action between rulers and ruled makes this a poor in- stance of a state. The good state is one in which the people exercise self- government by way of their institutions and the responsibility of rulers includes a responsibility to try to form the people into a group fully capable of acting thus. The main focus of Barber’s discussion of democratic principle is on the insti- tutional arrangements that the principle requires, centering on the legislature and the political party. Barber rejects direct democracy, save as an instrument of representative democracy, 41 and goes on to develop a powerful case for a trustee model of representation, which centers in turn on diversity and disagreement within the legislature. 42 This is an excellent discussion, with which I am in close sympathy. 43 Barber rightly notes the importance of legislature and political party in connecting citizens to government. However, his account of the role of the people in democratic politics continues to be too passive, understating the extent to which elites and masses need to be closely connected, such that the latter understand the former to lead them in joint action for their good. This close connection is impossible unless the ruled have some assurance that they and their rulers share a common good, that they have the same commonwealth in mind when they act jointly. 44 This requires mutual trust between elites and masses, which may be difficult to realize unless social and material conditions are such as to join the two classes, so to speak, in common cause. When democracy has been in good health, it has often been in part because of a history of shared sacri- fice, in wartime service, by rulers and ruled alike and/or because of recognition of mutual dependence, if say collective labor is necessary for industrialization or citizen armies for national defense. 45 It is an important responsibility of rulers to cultivate and maintain the close connection between elites and masses that is the engine for democratic politics and constitutional government. This connection is what makes it possible for the people truly to exercise self-government. The engine requires maintenance. One of the merits of competitive politics is of course that it is likely to force pol- itical parties and (would-be) parliamentarians to attend to the condition and the opinions of the poor and the weak, who have a share in electoral power at least at the level of the vote. This is an important discipline but not a sufficient one, which is to say: the risk that rulers will neglect the common good remains even in the face of universal franchise. In a modern democracy, there is a constant risk of the political (and social, economic, educational) elite becoming a caste apart, acting (ruling) in such a way as to undermine the conditions of continuing joint agency, which include the significance of the distinction between members and non-members. 41 Ibid., 149-153. 42 Ibid., 160-166. 43 Ekins, Nature of Legislative Intent, 146-154. 44 John Finnis, “Reflections and Responses,” in Reason, Morality and Law, ed. Robert P. George and John Keown (Oxford: Oxford University Press, 2013), 563. 45 Richard Tuck, “Active and Passive Citizens,” the 2019 Yeoh Tiong Lay Centre Annual Lecture at King’s College London, 23 January 2019. 58 Richard Ekins Downloaded from https://academic.oup.com/ajj/article/66/1/49/6323585 by guest on 21 May 2023 In a good state, the people exercise self-government. In thinking about the in- stitutional arrangements by which this is realized, it is important to consider how far the people are disposed to understand the actions of their institutions to be their actions, taken by persons they have chosen to rule, who answer to them, and who form the sharp end of a public conversation in which they are active Download 202.96 Kb. Do'stlaringiz bilan baham: |
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