Page:Sphere and Duties of Government.djvu/165

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SPHERE AND DUTIES OF GOVERNMENT.

sent of the second party must be confined within the same (and not narrower) restrictions, as those which have already been prescribed in the case of actions relating to the agent only.

3. If of those actions already specified there are some from which future rights and obligations arise between the parties (single or mutual engagements, contracts, etc.), the State must protect the right of enforcement where it depends on what has been agreed on with due capacity for deliberation, so long as it refers to objects within the disposal of the transferring party, and has been transferred with full power of decision; but this in no case where the latter conditions are wanting, or where a third person would be unjustly restricted without or against his will.

4. Even in the case of valid contracts, if such personal obligations, or, still more, such a continuing personal relation follows as is calculated to impose narrow restrictions on freedom, the State must facilitate a release from the contract, even against the will of one party, and always accord- ing to the degree of its hurtful limitations on internal development. Hence, in cases where the discharge of the duties arising from the relation is closely interwoven with the inner sensations, it must always grant the power of unconditional release; but wherever (the limitation still being somewhat narrow) this connection is not so intimate, it must allow the power of withdrawal after the lapse of a certain time, this time to be determined according to the importance of the limitation and the nature of the pursuit.

5. If any one is desirous of disposing of his fortune in the event of his death, it might be deemed advisable to allow him to appoint his immediate heir, but without any condition being appended to limit the inheritor's power of disposing of the fortune according to his views and wishes.

6. It is necessary however to prohibit all further disposi-