Page:Sphere and Duties of Government.djvu/16

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2. through means of contracts, which otherwise the State must enforce by law.—Examination of the question whether the State may enforce positive actions.—This position disproved, seeing that such coercion is hurtful, while it is unnecessary for the maintenance of Security.—Exception in the case of necessary self-protection.—Actions affecting common property.

3. CHAPTER XI.

4. ON THE SOLICITUDE OF THE STATE FOR SECURITY WITH RESPECT TO SUCH OF THE CITIZENS 5 ACTIONS AS RELATE DIRECTLY TO OTHERS. (CIVIL LAWS.) ................................................................................................................................................................................................................................................................................................................................................................................................

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5. Actions infringing on the rights of others.—Duty of the State to obtain redress for him who is wronged, and to protect him who has done the wrong from the revenge of him who has sustained.—Actions performed by mutual consent.—Promises and Engagements.—Twofold duty of the State with regard to these: first, to enforce them when valid j second, to refuse the support of the law to those which are contrary to right, and, even in the case of legal engagements, to prevent men binding themselves by too oppressive restrictions.—Validity of Engagements.—Extension of facilities for dissolving legal contracts, as a consequence of the second duty of the State above-mentioned; only allowable in the case of such contracts as concern the Person; and with various modifications according to the particular nature of the contracts.—Testamentary Dispositions.—Are they valid according to the general principles of right?—Their injurious consequences.—Dangers of a merely hereditary succession ab intestato, and the advantages of private disposition of property.—Middle course, by which the latter advantages may be secured, while the former disadvantages may be avoided.—Succession ab intestato.—Determination of the portions due to the testator's family.—How far contracts entered into by the living must be binding on their heirs;—only in so far as the means bequeathed have assumed another form.—Precautionary measures to be adopted by the State in order to prevent, in this case, relations which are restrictive of freedom.—Corporations.—Their disadvantages.—The cause of these.—They are obviated when every aggregate Corporation is regarded only as a union of the actual members.—General Principle.