Form Follows Function
The state creates options for identities and actions. Even those that appear entirely private exist within its fabric. Human life necessitates the state in the normative sense that any life that could potentially qualify as a good human life requires an infrastructure of institutions. That is the constitutivist justification for having a state.
What, then, should the state be like? Granted that human (well)being indeed requires a state, there still appears to be a pressing open question, namely what state is suited or best suited to fulfill this necessary function. Presumably, some designs are better than others, and not just any state will do. There are, after all, countless examples of governments, laws and institutions that neglect citizens or even systematically inflicting harm on them; consider dictatorships, racist laws or mass-surveilling ‘security’ services.
What makes states good or bad is the last substantial question I shall discuss in this book. This and the next chapter lay out the constitutivist reasoning about the design of the state.
In principle, the answer is easy. The good state is the one that fulfills its function well. Such is not a peculiarity of states but a general point about the concept ‘good’. For any n, it is a good N if it fulfills the function of Ns well. In the case of the state, that function is to enable the personal and the common good of its citizens. Utopia is that state which does so perfectly.
What, however, characterizes a functional state? That question, too, has an easy answer in principle. A functional state is one with a functional design. In the ideal state, all institutions and all laws are properly directed at the public good.
What is a functional design, then? What makes an institution, as well as an ensemble of institutions, functional? That, finally, is the question which will occupy us in Chapters 5 and 6. Having laid out the constitutivist justification for the state's existence, I now move on to the constitutivist justification for its shape.
My answer, mind you, will not be a sketch of Utopia. I do not hope to spell out an ideal and complete design. My concern rather is with how to reason about designs. I explain what kinds of reasons justify institutions and how. In other words, I develop a constitutivist framing of governance and policy matters.