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CIVIL SOCIETY
The idea of civil society is the idea of a part of society which has a
life of its own, which is distinctly different from the state, and
which is largely in autonomy from it. Civil society lies beyond the
boundaries of the family and the clan and beyond the locality; it
lies short of the state.
*This is the text of a Government and Opposition lecture delivered at the Athenaeum Club
on 22 January 1991.
This idea of civil society has three main components. The first
is a part of society comprising a complex of autonomous
institutions - economic, religious, intellectual and political distinguishable from the family, the clan, the locality and the
state. The second is a part of society possessing a particular
complex of relationships between itself and the state and a
distinctive set of institutions which safeguard the separation of
state and civil society and maintain effective ties between them.
The third is a widespread pattern of refined or civil manners. The
first has been called civil society; sometimes the entire inclusive
society which has those specific properties is called civil society.
Regarding the separation of state from civil society, that part of
society with which we are concerned with here consists of
individual and collective activities which are not guided primarily
by the rules of primordial collectivities and which are also not
directed by the state. These activities have rules of their own,
both formal and informal. The state lays down laws which set
limits to the actions of individuals and collectivities but within
those limits, which in a civil society are ordinarily wide, the
actions of individuals and collectivities are freely chosen or are
performed in accordance with explicit agreement among the
participants or are based on calculations of individual or collective
interest or on the rules of the constituent collectivity. It is in this
sense that civil society is separate from the state.
Civil society is not totally separate from the state. It would not
be a part of the society as a whole if it were totally separated, just
as the family, different and distinctive though it is, is not totally
separated from civil society and the state. The state lays down
laws which set the outermost boundaries of the autonomy of the
diverse spheres and sectors of civil society; so, civil society from
its side lays down limits on the actions of the state. Civil society
and the state are bound together by the constitution and by
traditions which stress the obligations of each to the other as well
as their rights vis-8-vis each other. The rights of individuals and
collectivities with respect to each other are provided by the
constitutions and the laws and traditions.
A civil society is a society of civility in the conduct of the
members of the society towards each other. Civility enters into
conduct between individuals and between individuals and the
state; it regulates the conduct of individuals towards society. It
likewise regulates the relations of collectivities towards each other,
the relations between collectivities and the state and the relations
of individuals within the state.
REVIVAL OF THE C O N C E P T
and the distortion of the idea, the two central features of the idea of
civil society - private property and independence from the state
- with the overtone of citizenship, have never been extinguished
from memory. Civil society, meaning a market economy
running separately from the state, and citizenship meaning the
exercise of civil capacities, i.e., participation in the affairs of the
collectivity, i.e., pronouncing judgment on them and sharing in
decisions about them, did not entirely fade from memory.
Polished or refined manners meant respect for the dignity of the
members of society. A society of refined manners was one in
which the members acted with consideration towards each other,
with an acknowledgement, institutionally embodied and assured,
of the dignity of the individual, derived from his humanity and
from his membership in the political community. Refined or
polished manners are the antithesis of rudeness of bureaucrats
and the gross brutality of the police. The communist, like the
Nazi and fascist, treatment of political opponents and the
communist and Nazi rhetoric in addressing or speaking about
their opponents, were the polar opposite of civil manners. The
invocation of the idea seems to have flared up and expanded in
the communist countries. From there, its echo has spread into the
countries of the West which have been more or less civil societies
for several centuries, although with only rare use of the term in
common discourse or by academic political scientists. Its greatest
popularity in the West over the past two decades seems to have
occurred among dissident or disillusioned Marxists.
This is not an accident. Marxist-Leninists declared themselves
to be enemies of civil society. Although they sought to extinguish
civil society and its idea, they did in fact preserve the idea of civil
society while suppressing civil society itself. The polemical
rhetoric of Marxism-Leninism preserved the idea, just as the idea
of the devil was preserved in the theology which attempted to
circumscribe and render him powerless.
Capitalistic or bourgeois society replaced civil society; the
term burgcrlich survived the changed interpretation. The MarxistLeninist interpretation of Hegels idea rejected his notion of the
pluralism of civil society; it changed his notion of reciprocal
autonomy and interdependence of the state and society by
making the state entirely dependent on the ruling stratum of
society and placing society completely under the control of the
state. Marxist-Leninists retained enough of the fundamental
categories of its intellectual inheritance to permit that inheritance
to be discerned and retrieved.
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11
Max Weber, Zur Neuordnung Deutschlands: Schriften und Reden 1918- 1920.
Gesumtuurgube, Tubingen, J . C . B . Mohr, 1988, Aht I , Band 16, p. 553.
Joseph Schumpeter, Cupitatism, Socialism and Democmcy, London, Allen & Unwin,
1943, pp. 269-83.
Montesquieu, de IEsprit des lois (Oeuvres), Paris, Dalihon, 1822, 11, pp. 213 - 14.
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Encounter, XLI,
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Laws require that rights within the civil society be respected and
that duties be performed.
A civil society is a society where law binds the state as well as
the citizens. It protects the citizens from arbitrary and unjust
decisions of high political authorities, bureaucrats, the police, the
military, and the rich and the powerful. A civil society is one
where the law prevails equally against the impulses of citizens to
seek their own immediate advantage. The effectiveness of the
laws both in the state and in civil society - and the family depends in part on the civility of individuals. Of course, the
effectiveness of the laws depends upon the executive organs of the
state but it cannot be effective through the actions of those organs
alone. The executive organs of society cannot cope with all the
situations and actions to which they refer; even the best police
force cannot detect, trace and capture all criminals, to say nothing
of juvenile delinquents. It is true of course that if the investigative
parts of officialdom and the police are very successful in tracking
and finding most of those who have infringed the law and if they
succeed to have them found guilty on the basis of sound evidence
and punished accordingly, the high degree of probability of
detection and punishment might have a deterrent effect. This
alone would be insufficient. The tendency towards lawabidingness must be reinforced by belief in the legitimacy of the
laws or the regulations. Legitimacy in a pluralistic, civil society
depends on the civil attachments of the bulk of the citizenry to the
central institutions of society.
SUBSTANTIVE CIVILITY
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