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Chapter 9

the solicitude of the state for security more accurately and positively defined.—further development of the idea of security.

After having now completed the more important and difficult portions of the present inquiry, and approached nearer to the solution of the great problem which it involves, it becomes necessary to review its progress up to this point, and endeavour to sum up its results.

Firstly, then, we have seen sufficient reasons for withdrawing the exercise of State solicitude from all such objects as do not immediately relate to the external or internal security of its citizens. In the second place, this same security has been represented as the real object of political activity; and, lastly, it has been agreed, that no efforts are allowable for the promotion of this object which are designed to operate on the morals and character of the nation itself, or to impart or counteract in them any definite direction. To a certain extent, therefore, the question as to the proper limits of State agency appears to be already fully solved, seeing that the sphere of this agency is confined to the preservation of security; and as to the means available for that purpose, still more narrowly restricted to those which do not interfere, for State ends, with the development of national character, or, rather, do not mould and fashion it with a view to those ends. For although, it is true, this definition is so far purely negative, yet that which remains after this abstraction of different departments of solicitude is of itself sufficiently distinct. That is, it is evident that political activity can only extend its influence to such actions as imply a direct trespass on the rights of others; to the task of deciding in cases of disputed right; to redressing the wronged, and punishing the wrong-doers. But the idea of security—towards defining which nothing further has been observed than that it embraces security against the attacks of foreign enemies, and against the aggressive spirit of fellow-citizens,—is too wide and comprehensive not to require some more special exposition. For, just as there are great and important differences between the modifications brought about by that advice which only seeks to persuade, and those consequent on importunate recommendation, and between these and the influence of positive coercion; and just as the degrees of unfairness and injustice may vary, from actions exercised within the limits of one’s own right, but possibly hurtful to another, to those which likewise do not trespass those limits, but often or always tend to disturb some other in the enjoyment of his own, and again from these to actual encroachments on another’s rightful property; just in like manner does the idea of security vary in extent and application, since we may understand it of security against some particular kind or degree of coercive influence, or against some certain extent of wrong. Now this very interpretation of the term security is of extreme importance; and if it is received in a too vague or, on the other hand, too narrow and restricted sense, all lines and limits are confused; while, without some distinct definition, it is impossible to re-adjust those limits and repair that confusion.

Again, the active means to be entrusted to the State for the promotion of its ends, once determined, constitute the subject of a still more accurate and minute investigation. For, although we have disapproved of any attempt on the part of the State, directed to the reformation of morals, there still remains, in this respect, too large and indefinite a field for political enterprise. There has been but little decided, for example, as to the bearing of restrictive enactments on those actions which immediately violate the rights of others; and as to how far the State may proceed in preventing actual crimes by stopping up their sources, not in the character of the citizens, but in the opportunities which facilitate their commission. Now, how far and dangerously it is possible to err in this respect, is already shown by the fact that the very solicitude for freedom has disposed more than one of singular judgment and penetration, to make the State responsible for the whole welfare of its citizens; believing that such a comprehensive arrangement would serve to promote all free and spontaneous activity. I am therefore ready to confess, in view of these considerations, that I have as yet done nothing but separate such large tracts as lie clearly without the circle of political activity, and have not yet endeavoured to draw its precise demarcations; more especially wherever its limits were questionable or unsettled.

This therefore still remains to be done; and, even though I may not be wholly successful in the attempt, it yet seems well for me to ascertain the reasons for the failure, and represent the difficulties incident to the inquiry as clearly and fully as possible. And, in any case, I hope to conclude the subject in a short compass, as all the principles I require for the task have been already discussed and settled, as far as my abilities would............

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