[The Origins of Contemporary France Volume 4 (of 6) by Hippolyte A. Taine]@TWC D-Link bookThe Origins of Contemporary France Volume 4 (of 6) CHAPTER II 19/49
The important thing is to keep a chain around its neck and confine it within its own enclosure. IV.
The state is tempted to encroach. The state is tempted to encroach .-- Precedents and reasons for its pretensions. Let us go around the fold, which is an extensive one, and, through its extensions, reach into almost every nook of private life .-- Each private domain, indeed, physical or moral, offers temptations for its neighbors to trespass on it, and, to keep this intact, demands the superior intervention of a third party.
To acquire, to possess, to sell, to give, to bequeath, to contract between husband and wife, father, mother or child, between master or domestic, employer or employee, each act and each situation, involves rights limited by contiguous and adverse rights, and it is the State which sets up the boundary between them. Not that it creates this boundary; but, that this may be recognized, it draws the line and therefore enacts civil laws which it applies through its courts and gendarmes in such a way as to secure to each individual what belongs to him.
The State stands, accordingly, as regulator and controller, not alone of private possessions, but also of the family and of domestic life; its authority is thus legitimately introduced into that reserved circle in which the individual will has entrenched itself, and, as is the habit of all great powers, once the circle is invaded, its tendency is to occupy it fully and entirely .-- To this end, it invokes a new principle.
Constituted as a moral personality, the same as a church, university, or charitable or scientific body, is not the State bound, like every corporate body that is to last for ages, to extend its vision far and near and prefer to private interests, which are only life-interests, the common interest (l'interet commun) which is eternal? Is not this the superior end to which all others should be subordinated, and must this interest, which is supreme over all, be sacrificed to two troublesome instincts which are often unreasonable and sometimes dangerous; to conscience, which overflows in mystic madness, and to honor, which may lead to strife even to murderous duels ?--Certainly not, and first of all when, in its grandest works, the State, as legislator, regulates marriages, inheritances, and testaments, then it is not respect for the will of individuals which solely guides it; it does not content itself with obliging everybody to pay his debts, including even those which are tacit, involuntary and innate; it takes into account the public interest; it calculates remote probabilities, future contingencies, all results singly and collectively.
<<Back Index Next>> D-Link book Top TWC mobile books
|