Document Type

Article

Publication Date

12-2004

Journal Title

American University Law Review

ISSN

0003-1454

Abstract

The subject of mediating associations and voluntary associations have received much attention in recent years. Both conservative and liberal scholars have invoked the idea that certain institutions that fall somewhere on the spectrum between the State and the Individual play a significant role in society and that they therefore ought to be protected and even cultivated. But much of this work proceeds from a flawed premise, and leads to an instrumental view of these non-State associations that requires that these institutions be justified based on their social utility. This view means that the utility of any given institution usually seems to depend on the particular political and social views of the individual writer. In this essay I argue that the instrumental view of non-State associations--one that values them solely for their benefits to individuals or to the State--is wrong-headed. These organizations--families, churches, businesses, voluntary organizations--have played, and continue to play roles in fulfilling human life and fostering human development that are not inferior to that of the state. Reducing these human organizations to a "mediating" status between the two key players reduces them to instrumentalities for carrying out other policies rather than entities who legitimately pursue their own ends independent of the individual or the State.

First Page

365

Last Page

399

Volume Number

54

Issue Number

2

Publisher

American University (Washington College of Law)

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.