{"id":3162,"date":"2013-07-13T01:46:23","date_gmt":"2013-07-13T01:46:23","guid":{"rendered":"http:\/\/localhost\/?p=3162"},"modified":"2013-07-13T01:46:23","modified_gmt":"2013-07-13T01:46:23","slug":"23-the-drive-towards-legislative-and-social-centralization-and-uniformity-vol-the-ideal-of-human-unity","status":"publish","type":"post","link":"https:\/\/worksofthemotherandsriaurobindo.org\/index.php\/01-works-of-sri-aurobindo\/02-other-editions\/the-ideal-of-human-unity\/23-the-drive-towards-legislative-and-social-centralization-and-uniformity-vol-the-ideal-of-human-unity","title":{"rendered":"-23_The Drive Towards Legislative and Social Centralization and Uniformity.htm"},"content":{"rendered":"
\n\n\n
\n

\n
\nCHAPTER XXI <\/font><\/b>
\n<\/span><\/p>\n

\n <\/p>\n

\n
\nTHE DRIVE TOWARDS LEGISLATIVE <\/b><\/font>
\n<\/span><\/p>\n

\n
\nAND SOCIAL CENTRALISATION <\/b><\/font>
\n<\/span><\/p>\n

\n
\nAND UNIFORMITY<\/b><\/font>
\n<\/font><\/p>\n

<\/span><\/p>\n

\n <\/p>\n

\n
\nT<\/font>HE<\/font> gathering of the essential powers of administration
\ninto the hands of the sovereign is completed when there is unity
\nand uniformity of judicial administration,\u2014especially of the
\ncriminal side; for this is intimately connected with the maintenance of order and internal peace. And it is, besides, necessary for
\nthe ruler to have the criminal judicial authority in his hands so
\nthat he may use it to crush all rebellion against himself as treason and even, so far as may be possible, to stifle criticism and
\nopposition and penalise that free thought and free speech which
\nby their continual seeking for a more perfect social principle
\nand their subtle or direct encouragement to progress are so dangerous to established powers and institutions, so subversive of
\nthe dominant thing in being by their drive towards a better thing in becoming.
\nUnity of jurisdiction, the power to constitute tribunals, to appoint, salary and
\nremove judges and the right to determine offences and their punishments comprise on the criminal side the whole judicial power of the sovereign. A similar
\nunity of jurisdiction, power to constitute tribunals administering
\nthe civil law and the right to modify the laws relating to property,
\nmarriage and other social matters which concern the public order
\nof society, comprise its civil side. But the unity and uniformity
\nof the civil law is of less pressing and immediate importance to
\nthe state when it is substituting itself for the natural organic
\nsociety; it is not so directly essential as an instrument. Therefore <\/font>
\n<\/span><\/p>\n

\n
\nPage-193 <\/font>
\n<\/span><\/p>\n

\n

\n
\nit is the criminal jurisdiction which is first absorbed <\/b> in a greater or less entirety. <\/font>
\n<\/span><\/p>\n

\n
\nOriginally, all these powers belonged to the organic society
\nand were put into force mainly by various natural devices of
\na loose and entirely customary character, such as the Indian
\npunchayet<\/i> or village jury, the jurisdiction of guilds or other
\nnatural associations, the judicial power of the assembly or convocations of the citizens as in the various Roman comitia<\/i> or
\nlarge and unwieldy juries chosen by lot or otherwise as in Rome
\nand Athens, and only to a minor extent by the judicial action
\nof the king or elders in their administrative capacity. Human
\nsocieties, therefore in their earlier development retained for a
\nlong time an aspect of great complexity in their judicial administration and neither possessed nor felt any need of a uniformity
\nof jurisidction or of a centralised unity in the source of judicial
\nauthority. But as the State idea develops, this unity and uniformity must arrive. It accomplishes itself at first by the gathering up of all these various jurisdictions with the King as at once
\nthe source of their sanctions and a high court of appeal and the
\npossessor of original powers, which are exercised sometimes
\nas in ancient India by judicial process but sometimes in more
\nautocratic polities by ukase\u2014the latter especially on the criminal side, in the awarding of punishments and more particularly
\npunishments for offences against the person of the king or the
\nauthority of the State. Against this tendency to unification and
\nState authority there militates often a religious sense in the community which attaches as in most countries of the East a sacrosanct character to its laws and customs and tends to keep the
\nking or State in bounds; the ruler is accepted as the administrator of justice, but he is supposed to be strictly bound by the law
\nof which he is not the fountain but the channel. Sometimes this
\nreligious sense develops a theocratical element in the society, a
\nChurch with its separate ecclesiastical authority and jurisdiction, a Shastra in the keeping of Brahmin jurists, a law entrusted
\nto the Ulemas. Where the religious sense maintains its predominance, a solution is found by the association of Brahmin jurists <\/font>
\n<\/span><\/p>\n

\n
\nPage-194<\/font><\/span><\/p>\n

\n

\nwith the king or with the judge appointed by him in every State
\ntribunal and by maintenance of the supreme authority of the
\npundits or Ulemas in all moot judicial questions. Where, as in
\nEurope, the political instinct is stronger than the religious, the
\necclesiastical jurisdiction comes in time to be subordinated to
\nthe States and finally disappears. <\/font><\/span><\/p>\n

\n
\nThus eventually the State\u2014or the monarchy, that great
\ninstrument of the transition from the organic to the rational
\nsociety\u2014becomes the head of the law as well as the embodiment
\nof public order and efficiency. The danger of subordinating the
\njudiciary entirely to an executive possessed at all of arbitrary and
\nirresponsible powers is obvious; but it is only in England\u2014the one
\ncountry always where liberty has been valued as of equal importance with order and not considered a lesser necessity or no
\nnecessity at all,\u2014that there was a successful attempt from an
\nearly period to limit the judicial power of the State. This was
\ndone partly by the firm tradition of the independence of the
\ntribunals supported by the complete security of the judges, once
\nappointed, in their position and emoluments and partly by the
\ninstitution of the jury system. Much room was left for oppression
\nand injustice, as in all human institutions social or political,
\nbut the object was roughly attained. Other countries, it may be
\nnoted have adopted the jury system but, more dominated by the
\ninstinct of order and system, have left the judiciary under the
\ncontrol of the executive. This, however, is not so serious a defect
\nwhere the executive not only represents but is appointed and
\ncontrolled by the society as where it is independent of public
\ncontrol. <\/font><\/p>\n

<\/span><\/p>\n

\n
\nUniformity of the law develops on different lines from the
\nunity and uniformity of judicial administration. In its beginnings, law is always customary and where it is freely customary,
\nwhere, that is to say, it merely expresses the social habits of the
\npeople, it must, except in small societies, naturally lead to or
\npermit considerable variety of custom. In India, any sect or even
\nany family was permitted to develop variations of the religious
\nand civil custom which the general law of the society was bound <\/font><\/span><\/p>\n

\n
\nPage-195 <\/font>
\n<\/span><\/p>\n

\n

\n
\nwithin vague limits to accept, and this freedom is still part of the
\ntheory of Hindu law, although now in practice it is very difficult
\nto get any new departure recognised. This spontaneous freedom
\nof variation is the surviving sign of a former natural or organic
\nlife of society as opposed to an intellectually ordered, rationalised
\nor mechanised living. The organic group life fixed its general lines
\nand particular divergences by the general sense and instinct or
\nintuition of the group-life rather than by the stricter structure of
\nthe reason. <\/font><\/p>\n

<\/span><\/p>\n

\n
\nThe first marked sign of a rational evolution is the tendency
\nof code and constitution to prevail over custom. But still there
\nare codes and codes. For first there are systems that are unwritten
\nor only partly written and do not throw themselves into the
\nstrict code form, but are a floating mass of laws, decreta,<\/i> precedents, and admit still of a large amount of merely customary law.
\nAnd again there are systems that do take the strict code form,
\nlike the Hindu Shastra, but are really only an ossification of
\ncustom and help to stereotype the life of the society but not to
\nrationalise it. Finally, there are those deliberately ordered codes
\nwhich are an attempt at intelligent systematisation; a sovereign
\nauthority fixes the cadres<\/i> of the law and admits from time to
\ntime changes that are intelligent accommodations to new needs,
\nvariations that do not disturb but merely modify and develop
\nthe intelligent unity and reasonable fixity of the system. The
\ncoming to perfection of this last type is the triumph of the
\nnarrower but more self-conscious and self-helpful rational over
\nthe larger but vaguer and more helpless life instinct in the
\nsociety. When it has arrived at this triumph of a perfectly
\nself-conscious and systematically rational determination and
\narrangement of its life on one side by a fixed and uniform constitution, on the other by a uniform and intelligently structural
\ncivil and criminal law, the society is ready for the second stage
\nof its development. It can undertake the self-conscious, uniform
\nordering of its whole life in the light of the reason which is the
\nprinciple of modern socialism and has been the drift of all the
\nUtopias of the thinkers. <\/font><\/span><\/p>\n

\n
\nPage-196 <\/font>
\n<\/span><\/p>\n

\n

\n
\nBut before we can arrive at this stage, the great question
\nmust be settled, who is to be the State? Is the embodiment of
\nthe intellect, will and conscience of the society to be a king and
\nhis counsellors or a theocratic, autocratic, or plutocratic governing class or a body which shall at least seem to stand sufficiently
\nfor the whole society, or is it to be a compromise between some
\nor all of these possibilities? The whole course of constitutional
\nhistory has turned upon this question and to all appearance
\nwavered obscurely between various possibilities; but in reality,
\nwe can see that throughout there has been acting the pressure
\nof a necessity which travelled indeed through the monarchical,
\naristocratic and other stages, but had to debouch in the end in a
\ndemocratic form of government. The king in his attempt to be
\nthe State\u2014an attempt imposed on him by the impulse of his
\nevolution\u2014must try indeed to become the fountain as well as
\nthe head of the law; he must seek to engross the legislative as
\nwell as the administrative functions of the society, its side of
\nefficient thought as well as its side of efficient action. But even
\nin so doing he was only preparing the way for the democratic
\nState. <\/font><\/p>\n

<\/span><\/p>\n

\n
\nThe king, his council military and civil, the priesthood and
\nthe assembly of freemen converting itself for the purposes of
\nwar into the host, were perhaps everywhere, but certainly in the
\nAryan races, the elements with which the self-conscious evolution of society began: they represent the three orders of the free
\nnation in its early and elementary form with the king as the
\nkeystone of the structure. The king may get rid of the power of
\nthe priesthood, he may reduce his council to an instrument of
\nhis will or the nobility which they represent to a political and
\nmilitary support for his actions, but until he has got rid of the
\nassembly or is no longer obliged to convoke it,\u2014like the French
\nmonarchy with its States-General summoned only once or twice
\nin the course of centuries and under the pressure of great difficulties,\u2014he cannot be the chief, much less the sole legislative
\nauthority. Even if he leaves the practical work of legislation to
\na non-political, a judicial body like the French Parliaments, he <\/font><\/span><\/p>\n

\n
\nPage-197 <\/font>
\n<\/span><\/p>\n

\n

\nis bound to find there a centre of resistance. Therefore the
\ndisappearance of the assembly or the power of the monarch to
\nconvoke it or not at his pleasure is always the real mark of his
\nabsolutism. But when he has got rid of or subordinated to himself all the other powers of the social life, there at that point of
\nhis highest success his failure begins; the monarchical system
\nhas fulfilled its positive part in the social evolution and all that
\nis left to it is either to hold the State together until it has transformed itself or else to provoke by oppression the movement
\ntowards the sovereignty of the people. <\/font><\/span><\/p>\n

\n
\nThe reason is that in engrossing the legislative power the
\nmonarchy has exceeded the right law of its being, it has gone
\nbeyond its dharma,<\/i> it has undertaken functions which it cannot
\nhealthily and effectively fulfil. Administration is simply the
\nregulation of the outward life of the people, the ordered maintenance of the external activities of its developed or developing
\nbeing, and the king may well be their regulator; he may well fulfil the function which the Indian polity assigned to him, the
\nupholder of the "dharma." But legislation, social development,
\nculture, religion, even the determination of the economic life of
\nthe people are outside his proper sphere; they constitute the
\nexpression of the life, the thought, the soul of the society which,
\nif he is a strong personality in touch with the spirit of the age,
\nhe may help to influence but which he cannot determine. They
\nconstitute the national dharma,\u2014we<\/i> must use the Indian word
\nwhich alone is capable of expressing the whole idea; for our
\ndharma<\/i> means the law of our nature and it means also its formulated expression. Only the society itself can determine the development of its own dharma<\/i> or can formulate its expression; and if this is to be done not in the old way by a
\nnaturally organic and intuitive development, but by a self-conscious regulation
\nthrough the organised national reason and will, then a governing body must be
\ncreated which will more or less adequately represent, if it cannot quite embody,
\nthe reason and will of the whole society. A governing class, aristocracy or
\nintelligent theocracy may represent, not indeed this but some vigorous or noble
\npart <\/font><\/p>\n

<\/span><\/p>\n

\n
\nPage-198 <\/font>
\n<\/span><\/p>\n

\n

\nof he national reason and will; but even that can only be a stage
\nof development towards a democratic State. Certainly, democracy
\nas it is now practised is not the last or penultimate stage; far it
\nis often merely democratic in appearance and even at the best
\namounts to the rule of the majority and works by the vicious
\nmethod of party government, defects the increasing perception
\nof which enters largely into the present-day dissatisfaction with
\nparliamentary systems. Even a perfect democracy is not likely
\nto be the last stage of social evolution, but it is still the necessary
\nbroad standing-ground upon which the self-consciousness of the
\nsocial being can come to its own.*<\/i> Democracy and Socialism
\nare, as we have already said, the sign that the self-consciousness
\nis beginning to ripen into fullness. <\/font><\/span><\/p>\n

\n
\nLegislation may seem at first sight to be something external,
\nsimply a form for the administration, not part of the intimate
\ngrain of the social life like its economic forms, its religion, its
\neducation and culture. It so appears because in the past policy
\nof the European nations it has not been like Oriental legislation
\nor Shastra all-embracing, but has confined itself until recently
\nto politics and constitutional law, the principles and process of
\nadministration and so much only of social and economic legislation as was barely necessary for the security of property and the
\nmaintenance of public order. All this, it might seem, might well
\nfall within the province of the king and be discharged by him
\nwith as much efficiency as by a democratic government. But it
\nis not so in reality, as history bears witness; the king is an inefficient legislator and unmixed aristocracies are not much better.
\nFor the laws and institutions of a society are the frame-work it
\nbuilds for its life and its dharma.<\/i> When it begins to determine
\nthese for itself by a self-conscious action of its reason and will
\nwithin whatever limits, it has taken the first step in a movement
\nwhich must inevitably end in an attempt to regulate self-consciously <\/font>
\n<\/span><\/p>\n

\n <\/p>\n

\n
\n* It does not follow that a true democracy must necessarily come into
\nbeing at some time. For man individually or collectively to come to a full self-consciousness is a most difficult tangle. Before a true democracy can be established, the process is likely to be overtaken by a prematurely socialistic endeavour. <\/font>
\n<\/span><\/p>\n

\n
\nPage-199 <\/font>
\n<\/span><\/p>\n

\n

\nits whole social and cultural life; it must, as its self-consciousness increases, drive towards the endeavour to realise
\nsomething like the Utopia of the thinker. For the Utopian
\nthinker is the individual mind forerunning in its turn of thought
\nthe trend which the social mind must eventually take. <\/font><\/p>\n

<\/span><\/p>\n

\n
\nBut as no individual thinker can determine in thought by
\nhis arbitrary reason the evolution of the rational self-conscious
\nsociety, so no executive individual or succession of executive
\nindividuals can determine it in fact by his or their arbitrary
\npower. It is evident that he cannot determine the whole social
\nlife of the nation, it is much too large for him; no society would
\nbear the heavy hand of an arbitrary individual on its whole
\nsocial living. He cannot determine the economic life, that too is
\nmuch too large for him; he can only watch over it and help it
\nin this or that direction where help is needed. He cannot determine the religious life, though that attempt has been made; it is too deep for him; for religion is the spiritual and ethical life
\nof the individual, the relations of his soul with God and the
\nintimate dealings of his will and character with other individuals,
\nand no monarch or governing class, not even a theocracy or
\npriesthood can really substitute itself for the soul of the individual or for the soul of a nation. Nor can he determine the national
\nculture; he can only in great flowering times of that culture help
\nby his protection in fixing for it the turn which by its own force
\nof tendency it was already taking. To attempt more is an irrational attempt which cannot lead to the development of a rational society. He can only support the attempt by autocratic
\noppression, which leads in the end to the feebleness and stag\\
\n<\/i>nation of the society, and justify it by some mystical falsity about 
\nthe divine right of kings or monarchy a peculiarly divine institution. Even
\nexceptional rulers, a Charlemagne, an Augustus, a Napoleon, a Chandragupta, Asoka or Akbar, can do no more
\nthan fix certain new institutions which the time needed and help
\nthe emergence of its best or else its strongest tendencies in a critical era. When they attempt more, they fail. Akbar’s effort to create
\na new dharma<\/i> for the Indian nation by his enlightened reason,  <\/font>
\n<\/span><\/p>\n

\n
\nPage-200 <\/font>
\n<\/span><\/p>\n

\n

\nwas a brilliant futility. Asoka’s edicts remain graven upon pillar
\nand rock, but the development of Indian religion and culture
\ntook its own line in other and far more complex directions determined by the soul of a great people. Only the rare individual
\nManu, Avatar or prophet who comes on earth perhaps once in a millenium can speak truly of his divine right, for the secret of
\nhis force is not political but spiritual. For an ordinary political
\nruling man or a political institution to have made such a claim
\nwas one of the most amazing among the many follies of the
\nhuman mind. <\/font><\/span><\/p>\n

\n
\nYet the attempt itself and apart from its false justifications
\nand practical failure was inevitable, fruitful and a necessary
\nstep in social evolution. It was inevitable because this transitional instrument represented the first idea of the human reason
\nand will, seizing on the group-life to fashion, mould and arrange
\nit according to its own pleasure and power and intelligent choice,
\nto govern nature in the human mass as it has already learned
\npartly to govern it in the human individual. And since the mass
\nis unenlightened and incapable of such an intelligent effort,
\nwho can do this for it, if not the capable individual or a body of
\nintelligent and capable individuals? That is the whole rationale
\nof absolutism, aristocracy and theocracy. Its idea is false or only
\na half-truth or temporary truth, because the real business of the
\nadvanced class or individual is progressively to enlighten and
\ntrain the whole body consciously to do for itself its own work
\nand not eternally to do things for it.* But the idea has to take its
\ncourse and the will in the idea\u2014for every idea has in itself a
\nmastering will for self fulfilment,\u2014had necessarily to attempt
\nits own extreme. The difficulty was that the ruling man or class
\ncould take up the more mechanical part of the life of society,
\nbut all that represented its more intimate being eluded their
\ngrasp; they could not lay hands on its soul. Still, unless they
\ncould do so they must remain unfulfilled in their trend and insecure <\/font>
\n<\/span><\/p>\n

\n <\/p>\n

\n*It is not meant that in a perfect society there would be no place for the
\nmonarchical, aristocratic or theocratic elements; but there these would fulfil
\ntheir natural function in a conscious body, not maintain and propel an unconscious mass.
\n<\/font><\/span><\/p>\n

\n
\nPage-201 <\/font>
\n<\/span><\/p>\n

\n

\nin their possession, since at any time they might be replaced by more adequate powers that must inevitably rise up
\nfrom the larger mind of humanity to oust them and occupy their
\nthrone. <\/font><\/p>\n

<\/span><\/p>\n

\n
\nTwo principal devices alone seemed adequate and have
\nbeen employed in all such attempts at complete mastery. One
\nwas chiefly negative; it worked by an oppression on the life, and
\nsoul of the community, a more or less complete inhibition of its
\nfreedom of thought, speech, association, individual and associated action\u2014often attended by the most abominable methods
\nof inquisition and interference and pressure on the most sacred
\nrelations and liberties of man the individual and social being,\u2014
\nand an encouragement and patronage of only such thought and
\nculture and activities as accepted, flattered and helped the governing absolutism. Another was positive; it consisted in getting a
\ncontrol over the religion of the society and calling in the priest
\nas the spiritual helper of the king. For in natural societies and
\nin those which, even if partly intellectualised, still cling to the
\nnatural principles of our being, religion, if is not the whole
\nlife yet watches over and powerfully influences and moulds the
\nwhole life of the individual and society, as it did till recent times
\nin India and to a great extent in all Asiatic countries. State religions are an expression of this endeavour. But a State religion
\nis an artificial monstrosity, although a national religion may
\nwell be a living reality; but even that, if it is not to formalise
\nand kill in the end the religious spirit or prevent spiritual expansion, has to be tolerant, self-adaptive, flexible, a mirror of the
\ndeeper soul of the society. Both these devices, however seemingly successful for a time, are foredoomed to failure, failure by
\nrevolt of the oppressed social being or failure by its decay, weakness and death or life in death. Stagnation and weakness such
\nas in the end overtook Greece, Rome, the Musulman nations,
\nChina, India, or else a saving spiritual, social and political revolution are the only issues of absolutism. Still it was an inevitable
\nstage of human development, an experiment that could not fail
\nto be made. It was also fruitful in spite of its failure and even <\/font><\/span><\/p>\n

\n
\nPage-202 <\/font>
\n<\/span><\/p>\n

\n

\nby reason of it; for the absolutist monarchical and aristocratic
\nState was the father of the modem idea of the absolutist socialistic State which seems now to be in process of birth. It was, for
\nall its vices, a necessary step because only so could the clear
\nidea of an intelligently self-governing society firmly evolve. <\/font><\/span><\/p>\n

\n
\nFor what king or aristocracy could not do the democratic
\nState may perhaps with a better chance of success and a greater
\nsecurity attempt and bring nearer to fruition,\u2014the conscious
\nand organised unity, the regularised efficiency on uniform and
\nintelligent principles, the rational order and self-governing perfectioning of a developed society. That is the idea and, however
\nimperfectly, the attempt of modern life; and this attempt has
\nbeen the whole rationale of modern progress. Unity and uniformity are its principal trend; for how else are the incalculable
\ncomplexities of the vast and profound thing we call life to be
\ntaken hold of, dominated, made calculable and manageable by
\na logical intelligence and unified will? Socialism is the complete
\nexpression of this idea. Uniformity of the social and economic
\nprinciples and processes that govern the collectivity secured by
\nmeans of a fundamental equality of all and the management
\nof the whole social and economic life in all its parts by the State; uniformity of culture by the process of a State education organised upon scientific lines; to regularise and maintain the whole
\na unified, uniform and perfectly organised government and
\nadministration that will represent and act for the whole social
\nbeing, this is the modern Utopia which in one form or another
\nit is hoped to turn in spite of all extant obstacles and opposite
\ntendencies into a living reality. Human science will, it seems,
\nreplace the large and obscure processes of nature and bring about
\nperfection or at least some approach to perfection in the collective human life. <\/font>
\n<\/span><\/p>\n

\n
\nPage-203 <\/font>
\n<\/span>\n\t\t\t<\/td>\n<\/tr>\n<\/table>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

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