Page:Sphere and Duties of Government.djvu/197

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177
SPHERE AND DUTIES OF GOVERNMENT.

their life, their health, their fortune (if they already possess any), and should not be limited even in their freedom, except in so far as the parents may think necessary, partly for their own development, and partly to preserve the newly-arisen domestic relations, while such limitations should not extend beyond the time required for their training. Children must never be compelled to actions which extend in their immediate consequences beyond this period of development, or even over the whole life. Hence, for example, they cannot be bound in the matter of marriage, or be obliged to follow any particular career. With the age of maturity the power of the parents must necessarily cease altogether. The duty of the parents, then, may be thus generally defined,—to put their children in a condition (partly by personal care for their physical and moral well-being, and partly by providing them with the necessary means) to choose a plan of life for themselves, while they are only restricted in that choice by the circumstances of their individual position; the duty of the children, on the other hand, consists in doing all that is necessary for the sufficient performance of that duty on the part of the parents. I shall not pause here to enumerate and examine in detail all that these respective duties comprehend. Such an examination belongs rather to a theory of legislation, and even in such could hardly be fully presented, seeing that it depends in great measure on the special circumstances of individual positions.

Now, it clearly belongs to the State to provide for the security of the rights of children against parental encroachment; and hence to determine, first, a legal age of maturity. Now, this must naturally differ, not only according to the difference of the climate and the epoch in which they live, but also according to individual circumstances, and the greater or less degree of intellectual maturity required in them. In addition to this, it must see that the parental