THE RELATION BETWEEN STATICS AND DYNAMICS 59
real sense dependent on their continuance, and the refusal of an
employer to continue dealing with an employee, in certain states
of the labor market, may leave him an alternative which is
anything but tolerable. There is real compulsion in such a situa-
tion. Under competition, the compulsion is not the arbitrary
doing of any one employer, but employers as a group may benefit
by it; and competition is not perfect enough to prevent all com-
pulsion of a more personal sort.
Further, a transaction is supposed to be agreed to by both
parties, but actual transactions often include many matters in
which one or both of the parties exercise no choice or have no
effective option. The terms and conditions of employment have
never been very largely determined by free individual bargain,
but rather by the custom of the trade, by the changing techniques
of production at the command of the employer, by social legisla-
tion and, of late, by collective bargaining, which is not an
individual affair, and involves all the problems and difficulties
of representative government. In some respects, what we have
is not so much a system of free contract as one of standardized
relations, into which one is free to enter or not, (subject to the
general compulsion of entering into some relations in order to get
a living), but many of the terms of which one is not free to
change. And the methods of settling these standard terms, and
the interests which control them, are evolving continually.
The power to withhold, which is the key to the meaning of
liberty, itself varies with changing economic conditions and legal
institutions. Also the freedom of third parties—their immunity
from having their interests infringed—is not absolute, and is itself
evolving with the development of new kinds of injuries and new
kinds of protections. The Federal Reserve System, a collective
and not an individualistic institution, is one way of protecting
business men from being caught in a panic as the result of the
things other business men have done; and this protection could
not be afforded by any more individualistic method.
6. Collective Economic Personalities
Modern business is carried on, not by individuals, but by vast
collective organizations, to which the classical economists did not
apply their individualistic principles. Free contract with such
organizations is only a pseudo-individualism. In their operations