Page:Sphere and Duties of Government.djvu/151

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131

CHAPTER XI.

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

The subject to which we have now to direct our attention, or the consideration of actions which relate immediately to others, although it is in general more complicated than the last, does not imply so much difficulty as regards the present inquiry. For where rights are infringed on by such actions, it is clearly the duty of the State to restrict them, and compel the agents to repair the injury they have inflicted. But according to the position we endeavoured to enforce in a preceding chapter, these actions do no violence to right except when they deprive another of a part of his freedom or possessions without, or against, his will. When any one has suffered wrong, he has a right to redress; but when once, as a member of a community, he has transferred his private revenge to the State, to nothing more. He, therefore, who has committed the wrong is bound to restore to him who has sustained it, all of which he has been deprived; or, should this be impossible, to make sufficient amends, standing security for this to the full extent of his means and of all that his powers may enable him to acquire. To deprive a man of his personal liberty,—as is practised, for instance, in the case of insolvent debtors,—can only be admitted as a subordinate means, where otherwise the creditor should run the risk of losing the debtor's future earnings. Now while the State is not to refuse any just