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STUDY OF LASKIS AN INTRODUCTION TO POLITICS IT IS NECESSARY TO RECONSIDER THE RESPONSIBILITIES OF THE STATE IN LIGHT OF THE CURRENT WORLDWIDE TREND OF NEGLECTING INDIVIDUALS ON THE LEFT.
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Article Details
STUDY OF LASKI'S AN INTRODUCTION TO
POLITICS: IT IS NECESSARY TO RECONSIDER THE RESPONSIBILITIES OF THE STATE IN
LIGHT OF THE CURRENT WORLDWIDE TREND OF NEGLECTING INDIVIDUALS ON THE LEFT.
AUTHORED BY
- DR. RAJANI KANT PANDEY[1]
& MONIKA
KUMARI[2]
The capability of a State and its imperatives
Laski possessed a profound
understanding of the state and its interactions with individuals and other
institutions. The state arose as the sole entity capable of establishing legal
mandates that would be honoured by the majority of individuals. Legal
imperatives are determined by the level of demand that is effective. They will
align with the aspirations of individuals who possess the ability to
effectively express their objectives within the heart of political authority.
The legislation of a particular state aims to address the wants of its
citizens, and its effectiveness relies on the extent to which it achieves this
objective.
Economics and political interactions: The matters of
the allocation of resources (either in terms of power or wealth)
The distribution of economic power in
a specific time and location will determine the nature of the legal
requirements enforced in that same time and location. In such circumstances,
the State represents the needs of those who exert control over the economic
system. The legal order serves as a facade that allows a prevailing economic
interest to obtain the advantages of political power. The state, in its
functioning, does not actively pursue overall justice, but rather serves the
interests of the prevailing social class in the broadest sense. The argument
posits that privilege is typically associated with property ownership, and
therefore being deprived of property will result in being deprived of
privilege. However, there is little historical evidence to suggest that such a
state will have the inherent ability to directly change the fundamental social
outcomes of an economically unequal society. This cosmological perspective is
similar to that of Thomas Aquinas. It is a reality that the majority of the
legal theories we have discussed support a social structure where the majority
serves the interests of the minority. It is not an exaggeration to say that
Hegel's theory of the state, for instance, portrays the ultimate manifestation
of human freedom as obedience to the King of Prussia.
Occasionally, individuals, like
Hobbes, willingly subject themselves to an absolute and irreversible authority
in order to avoid the chaos and disorder of anarchy. Occasionally, as seen in
the case of Locke, the power is, conversely, restricted and can be taken away:
individuals recognize the benefits of a governing body, but they do not consent
to grant it unlimited authority. It is necessary to see it as equivalent to a
corporation and, at the risk of a revolution, adhere precisely to the
provisions outlined in its memorandum of association. At times, ultimately,
similar to Rousseau, the state arises from the agreement of individuals as
all-powerful, but as it carries out its actions, each individual's desires
contribute to its collective will at each step. The state operates by a
continuous referendum process, and its legislation restricts its members as
they actively contribute to its content.
The legitimacy of state power is
determined by its ability to efficiently fulfil human needs and desires, while
minimizing any unnecessary sacrifices. The effectiveness with which it carries
out this duty is the only factor that warrants loyalty beyond mere formality.
Entitlements
It must in still in him the belief
that his well-being is closely connected to the legal requirements it is
attempting to build. An individual requires specific conditions in order to
achieve happiness, and he mentioned that the government has the capacity to
ensure the presence of those conditions for him.
What is the precise definition of the
concept of rights? It is a necessary condition, based on past events, for an
individual to have confidence in their ability to achieve happiness.
The fundamental idea behind this
understanding of rights is the proposition that no individual citizen possesses
a greater entitlement than any other. As a mere citizen, I am responding to his
requests. Any legal system that creates unequal benefits for a specific group
of citizens goes against the purpose of the state and contradicts its intended
goals, unless it can be proven that this unequal treatment directly and
causally contributes to the overall welfare of society. The sovereignty of the
state is merely a formal point of reference.
Law, in essence, is fundamentally
impartial when created; its actual merit is bestowed upon it by people who
interpret and implement it. The legal profession, which aims to meet the needs
of society, relies on its ability to fulfil its role in order to be considered
morally virtuous.
The state actively implements the
system of rights, allowing for the coexistence of both freedom and equality.
Theory of the state that aims to
achieve the ongoing process of socializing law. Law, morality, and religion
adapt to the evolving rhythm of life, much like they have in the past when
different social groups gain influence. They raise the ideas they require to a
level of reverence equivalent to the ideas that were revered in prior social
systems. The system of rights that I have proposed as naturally existing in
contemporary social circumstances is undergoing a transition, where they are
shifting from moral assertions to legally binding duties. The recognition of
rights is a consequence of broader notions of justice that spread throughout
the social order as economic power shifts.
The issue concerning the organization
of a state is around the correlation between its citizens and the legal system.
If individuals are involved in the process of creating a state, to different
extents, it can be considered a democracy. Conversely, if the state is imposed
on people without their participation, to different extents, it can be
classified as an autocrat.
The configurations of a present state
are shaped by its historical customs and the subtle nuances of distinct
emphasis that the collective experiences of a population add to their
existence. It is impractical to argue that any specific set of classifications
is superior to another.
The topics discussed are democracy,
freedom, and the many branches of government.
It can be contended that, based on
overall principles, the democratic form is more appropriate than the autocratic
form, particularly in relation to the customs of western civilization. The
democratic system is inherently slower in its functioning compared to its
alternative, primarily due to the greater diversity of opinions it encounters.
No other system possesses the same advantage of aligning, as an institutional
framework, with the fundamental purpose that the state must fulfil.
Since the era of Aristotle, political
philosophy has consistently asserted that in a properly organized state, these
three categories of entities should be distinct from each other in terms of
their roles and the individuals who comprise them. Montesquieu, for instance,
has asserted that the division of powers is the key to achieving political
independence.
It is important to discuss the role
of a second chamber in a federal state. This is deemed essential for two
reasons: firstly, to ensure representation of the constituent entities of the
federation, and secondly, to safeguard the allocation of powers established by
the constituent body against any encroachment.
The executive of a state can be
divided into two distinct aspects: the political aspect and the departmental
aspect. One group consists of a few statesmen who propose a policy to be
approved by a legislature, and if approved, they are accountable for
implementing it. The other group is composed of a larger number of officials
who execute the decisions made by the statesmen.
The apolitical aspect of the
executive government presents challenges of a distinct nature. In a general
sense. It presents three categories of concerns: (i) What is the method of
composition and organization? (ii) What are its roles and responsibilities?
(iii) What infractions does it commit against the public it ultimately
serves? I have already elucidated the
significance of judicial independence as a fundamental element in the
functioning of the government. Three principles are crucial for achieving this
objective. (i) The manner of appointment should aim to reduce the likelihood of
political factors influencing the selection of judges. (ii) The individuals
selected must, provided they exhibit good conduct, be granted permanent job
security. (iii) Promotion must consider solely the legal eminence.
An imperative requirement of the
current era is the establishment of a permanent commission on law reform,
comprising judges, lawyers, and laymen, to collectively contribute.
The accuracy of public opinion relies
on the veracity of the underlying facts, while its influence is determined by
the level of organization it possesses.
Alternatively, it might be stated that a universal public opinion is
seldom existent.
Upon analyzing the issue of truth in
information inside contemporary culture, one will immediately notice its
intricate nature and the absence of an objective approach in gathering and
spreading it. News transforms into propaganda when its content has the
potential to influence policy, and in an unequal society, the distribution of
news is biased in favor of those who possess economic power.
The outcome is a persistent prejudice
in the dissemination of news, which could potentially expose the affluent
classes to embarrassment.
The ability to control economic
resources can yield a level of knowledge that surpasses one's own intellectual
capacity. In the absence of a social structure, it is unlikely that the needs
of all citizens will be similarly fulfilled or that their rights will be
equally acknowledged, as long as there are significant disparities in the
allocation of economic influence.
The global community
The interconnectedness of nations
necessitates the establishment of a global community, a group of states, with
its own set of legal principles that take precedence over all other rules. Our
circumstances make it just as crucial to have a framework of cosmopolitan law
for matters of shared interest as it is for the state to have legal authority
within its own borders. Municipal law is legally subordinate to international
law.
From this perspective, the state
ceases to possess sovereignty. The entity must acknowledge and embrace the
rationality of the global circumstances in which it is engaged.
Shared necessities necessitate
reciprocal subordination, and in cases of reciprocal subordination, the
existence of a sovereign state, in the historical and technical sense, is not
feasible. It is possible to acknowledge that the current institutions of the
international community are not yet sufficient for their intended purpose. The
optimism expressed in the affirmation of Benthamite radicalism and the
teachings of illegal is akin to the concept of the 'invisible hand' proposed by
Adam Smith. It suggests that the ultimate solution to societal problems lies in
the freedom of contract and the continuous pursuit of greater liberty through
historical progression.
References
Laski, H.J.
(1931), An Introduction to Politics (London: George Allen and Unwin).
Laski, H.J.
(1935), The State in Theory and Practice (London: George Allen and Unwin).
Laski, H.J.
(1936), The Rise of European Liberalism (London: George Allen and Unwin).
Laski, H.J.
(1938), A Grammar of Politics, 4th ed. (London: George Allen and Unwin).
Article Information
STUDY OF LASKIS AN INTRODUCTION TO POLITICS IT IS NECESSARY TO RECONSIDER THE RESPONSIBILITIES OF THE STATE IN LIGHT OF THE CURRENT WORLDWIDE TREND OF NEGLECTING INDIVIDUALS ON THE LEFT.
Authors: Dr. Rajani Kant Pandey, Monika Kumari
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/23
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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