To acquire, to possess, to
sell, to give, to bequeath, to contract between husband and wife,
father, mother or child, between master or domestic, employer or
employee, each act and each situation, involves rights limited by
contiguous and adverse rights, and it is the State which sets up the
boundary between them. Not that it creates this boundary; but, that
this may be recognized, it draws the line and therefore enacts civil
laws which it applies through its courts and gendarmes in such a way
as to secure to each individual what belongs to him. The State
stands, accordingly, as regulator and controller, not alone of private
possessions, but also of the family and of domestic life; its
authority is thus legitimately introduced into that reserved circle in
which the individual will has entrenched itself, and, as is the habit
of all great powers, once the circle is invaded, its tendency is to
occupy it fully and entirely. - To this end, it invokes a new
principle. Constituted as a moral personality, the same as a church,
university, or charitable or scientific body, is not the State bound,
like every corporate body that is to last for ages, to extend its
vision far and near and prefer to private interests, which are only
life-interests, the common interest (l'int?r?t commun) which is
eternal? Is not this the superior end to which all others should be
subordinated, and must this interest, which is supreme over all, be
sacrificed to two troublesome instincts which are often unreasonable
and sometimes dangerous; to conscience, which overflows in mystic
madness, and to honor, which may lead to strife even to murderous
duels? - Certainly not, and first of all when, in its grandest works,
the State, as legislator, regulates marriages, inheritances, and
testaments, then it is not respect for the will of individuals which
solely guides it; it does not content itself with obliging everybody
to pay his debts, including even those which are tacit, involuntary
and innate; it takes into account the public interest; it calculates
remote probabilities, future contingencies, all results singly and
collectively.
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