GUIDE TO THE PHILOSOPHY 1938 - 1947.pdf - Rare Books at ...

CRITICISM OF IDEALIST THEORY 759
may take of the nature and reality of the so-called "real
personalities" of groups, that they have "juristic person-
9
alities/ that they may, in other words, make claims which
are legally enforceable, consider themselves to be the re-
positories of rights which are legally recognized, and be held
guilty of misdemeanours for which they may be prosecuted,
is a position accepted by the theory and practice of law*
THE STATE AS AN ASSOCIATION OF GROUPS. The
State, then, is not only an organization which is composed
of individuals united in a common life; it is also an associ-
ation of groups of individuals, many of whom are already
united in a common life for the pursuit of various purposes
which seem good to them. The relevant questions for the
critics of idealist theory are, why, if we are to countenance
the attribution of "real personality" to the State, are we
to discountenance the application of a similar doctrine to
the group, and why, further, if "real personality" gives
a claim upon the service and allegiance of the individuals
who are considered to be integral parts of that personality,
are such service and allegiance only to be accorded by
individuals to the personality which belongs to the
State? What view, finally, are we to take of the case in
which the claims of two such personalities,
for example,
that of the Society of Friends and that of the State, con-
flict, as they do in war-time?
(Ill) That the Idealistic Theory takes no Cognizance of
the Importance of Voluntary Associations
THE STRENGTH OF THE STATE is RELATIVE TO
THE STRENGTH OF CUSTOM AND TRADITION. In
order that we may be in a position to answer this question,
let us consider to what extent the existence of voluntary
iations does in fact affect the lives of individuals
who are members of a modern State. The last hundred
and fifty years have seen the growth of many factors in
the life of the individual which are hostile to the State and
calculated to diminish its influence. The sphere of the