To Whom a Government Answers
In Apple City’s old quarter there is no parking after ten at night; on Levee Street a woman kept a stall for twenty years; downstream lies Willow Ferry. A government judges every day: it writes a ticket, decides on an application, pins a man down, freezes an account, renews an emergency order. To whom, and for what, must a government’s judgments in particular situations answer? The series writes no handbook of judgment, since rules cannot judge in anyone’s place; it writes where judgments fall, in how many layers they answer, and whether, once a question has been answered, anything can actually move.
Six questions follow one another: who makes a government’s judgments, and in whose name they take effect; on what grounds it compels, and where it stops; how far it must guarantee what it has embedded; how levels of government divide the work, and who checks whom; what holds in an emergency, and what may go faster; who calls power to account, and whether calling to account has a final bearer. Together they make one main line: toward its internal subjects, a government holds to anti-colonization and strives for cultivation; its judgments cross no line, must be explained, and remain open to questioning.
Seven essays from the seven papers of SAE Theory of Government: a prequel and six essays. They all take place in one invented city, Apple City: a permit examiner and a review officer, a patrol officer and a social worker, an empty assessment post at the Housing Department, the water works downstream, a mayor on the night of a flood, and a parent who went to ask.
In Apple City’s old quarter there is no parking after ten at night; a resident who disagrees parks there anyway and gets a ticket. This series asks how a government judges in particular situations, and to whom, and for what, its judgments must answer. First it clears away what a government is not: not an end, not a subject, not a duty-bearer, not a “we”; holding office and carrying out are not legitimacy; nor is it the source of basic rights.
Essay 01A woman kept a stall on Levee Street for twenty years; she has died, and her daughter wants to carry it on. The rules say nothing of succession, so as a new application she is fortieth in line. Who makes a government’s judgments, in whose name they take effect, to whom and for what they answer; why rules cannot judge in anyone’s place and “I was only following the rules” shields no one; and what is left to ask when a question is heard but moves nothing.
Essay 02In one night and one day Apple City laid hands on people three times: a patrol officer pinned down a man with a bottle, a social worker took a child away, the Tax Office froze a shopkeeper’s account. None waited for consent, and they did not rest on the same thing. On what grounds a government compels and where it stops: stopping, enforcement and substitute exercise each go along a chain of their own; compulsion must itself be a limit, and may protect channels but not maintain a direction.
Essay 03In the winter of Year 7 the application counter of Apple City’s Housing Department is open as usual, but the assessment post has been empty for three years, and twelve hundred applications for a heating subsidy lie unprocessed. On paper the subsidy lacks nothing; it simply does not operate. What a government guarantees: for basic rights it gives backing and enforcement, not the core; for embedded recognition-based rights it keeps three things, no de-righting, no empty shell, withdrawal or amendment made in public and open to questioning; a guarantee kept does not make power legitimate by itself, and taxes are not the price of one.
Essay 04Willow Ferry lies downstream of Apple City, and its intake shows a substance above the standard; Apple City answers in two sentences: “Our releases comply with the permit. The residents of Willow Ferry are not residents of Apple City.” One matter, several levels of government: every level is a construct, and there is an interior beyond the jurisdiction; who checks Apple City, and why the separation of powers follows conditions and is required at a threshold; the upper level does not swallow the lower, and the lower does not seal off exit.
Essay 05On the night of the flood, Apple City’s mayor declared a state of emergency: a curfew, a high school requisitioned, residents outside the levee told to leave. The water went down in two weeks; three months later the renewal order still gave as its reason “The river is rising.” What holds in an emergency and what may go faster; how emergency powers are re-examined when their term runs out; who determines an emergency and who can bring it to an end; and, with three hundred beds for five hundred people, how a transition is made and responsibility attributed when something cannot be achieved.
Essay 06In the autumn of Year 5 a parent asks: the water went down long ago, so why has the school not been returned? The hotline says it is outside its remit; the state ombudsman takes the complaint and looks into it, and a month after its report the emergency order ends. Who calls power to account, whether calling to account has a final bearer, and whether, once the question is answered, anything can actually move: the four functions of control, what follows a closed case, how a grant is taken back, capture, the cost of exit, the voting-position. The series closes here: a government can never be perfect, so the close lies not in completion but in being open to questioning.
政府向谁作答
苹果城的老城区,夜里十点以后禁停;河堤街上,一位妇人摆了二十年的摊;河的下游是柳渡镇。政府每天都在判断:开一张罚单,批一份申请,按倒一个人,冻结一个账户,续一道紧急令。政府在具体处境里的判断,要向谁、就什么作答?这个系列不写判断手册,规则代不了判断;它写的是判断落在哪些位置上,作答分几层,问到了以后,能不能真的动得了什么。
六件事一路问下去:判断由谁完成、以谁的名义生效;强制凭什么、到哪里为止;载入的东西要保证到什么程度;几层政府怎样分工,谁来查谁;紧急时什么照旧,什么可以快;谁追问权力,追问有没有最终的承担者。合起来是一句主线:对内部主体,政府坚持反殖民,争取涵育;它的判断不越线,要说明,可被追问。
七篇散文,改写自《SAE 政府论》七篇论文:一篇前置篇,六篇正文。它们都发生在一座虚构的苹果城:许可处的审批员与复核员,巡警与社工,住房局空着的审核岗,下游的水务所,洪水那一夜的市长,和一位去问的家长。
苹果城的老城区,夜里十点以后禁停;一位住户不同意,照旧停,收到了罚单。这个系列问政府在具体处境里怎样判断,判断要向谁、就什么作答。动笔之前,先清开几样政府不是的东西:不是目的,不是主体,不是义务人,不是“我们”;在位与执行不等于正当;它也不是基础权利的来源。
第一篇一位妇人在河堤街摆了二十年摊,她去世了,女儿想接着摆。规则没写接续,按新申请办,她排在第四十位。政府里的判断由谁完成,以谁的名义生效,向谁、就什么作答;规则代不了判断,“我只是执行规定”也挡不住它;问得到、却动不了的时候,还要问什么。
第二篇一夜一日里,苹果城动了三次手:巡警按倒了持瓶的人,社工带走了一个孩子,税务处冻结了一位店主的账户。三件都没有等被作用的人同意,凭的却不是一样东西。政府的强制凭什么、到哪里为止:阻止、执行、代行各走一条链;强制本身须是限,可以保护通道,不可以维持方向。
第三篇第七年冬天,苹果城住房局的申请窗口照常开着,审核的岗位却空了三年,一千二百份供暖补助的申请没人处理。纸面上这项补助什么都不缺,它只是不运行。政府保证什么:基础权利那一半,它给背靠与执行,不给核;已载入的承认性权利,它守三件,不脱权,不留空壳,撤改公开受问;保证了也不因此正当,交税也不是买保证的价钱。
第四篇柳渡镇在苹果城的下游,取水口测出了超标的物质;苹果城答了两句:“我们的排放合乎许可。柳渡镇的居民不是苹果城的居民。”同一件事,几层政府都管:每一级都是一个构,辖区之外也有内部;谁来查苹果城,分权为什么随条件、到了门槛就要分立;上一层不吞下一层,下一层不封死退出。
第五篇洪水那一夜,苹果城的市长宣布紧急状态:宵禁,征用一所中学,堤外的人家限期撤离。水两周就退了,三个月后,续期令的理由栏里还写着“河水上涨”。紧急时什么照旧,什么可以快;紧急权力怎样到期重审;谁认定紧急,谁能叫它结束;三百张床对五百个人,做不到时怎样过渡、怎样归责。
第六篇第五年秋,一位家长问:水早退了,学校为什么还不还?热线说不在受理范围,州监察专员受理了,查了,报告发布一个月后,紧急令终止。谁追问权力,追问有没有最终的承担者,问到了以后能不能真的动得了什么:控制的四项功能,结了案以后,授权怎样收回,捕获,退出的代价,投票位。系列在这里收束:政府永远做不到完美,所以收束不在做成,在可被追问。