The New Zealand Tablet THURSDAY, JULY 1918. STATE INTERFERENCE
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HE State is a natural institution, not a product of chance or convention. It is natural because it is founded on the most natural of all social institutions, the family, and also because it developed naturally from the family of which it is nothing v more than the natural expansion. It is natural again because its end is the furtherance of man's natural welfare in regard to those things which cannot be attained by the activities of the family alone. The family is capable of attaining to no more than the daily necessities of life ;' the State enables it to attain to the things that are necessary for better or more perfect life. As Aristotle-has it, whatsis necessary for "mere ' life" is within reach of the family what is necessary for mor v e \ perfect life is supplied to the family by the State. In a word the
end of the State is the promotion of the common good or the good of the social body as such individual interests or private good are not the natural end, of the State. These principles are the fundamentals of all discussion concerning the power of the State and the limits of its interference; and it is only when the State departs from them and usurps rights which are beyond it that we have such confusion as we are brought to by Governments like our own through radical ignorance of the very first truths of politics. "" • *■■■■•. The State is made up of families; the family is the real unit of the State, and the individual comes into relation with the State only through the family. The end of the State is the common good; it has no power except what is in keeping with the attainment of that end; it has no rights higher than the attainment of its end postulates. Hence the State acts unjustly if it presumes ,to encroach on the prior and higher rights of individuals and faniilies and to intrude between families and individuals where their proper concerns are in question. The individual and the family were before the State. God created Adam and Eve and gave them rights and duties 'with which no State has any right to interfere. The State becomes a tyranny as soon as it dares to come between man and God or to interfere . with duties and rights founded on the natural law. As corollaries from these principles it may be laid down : (1) The State has all the rights, and those' only, which are necessary to it for the attainment of its end. Its end being natural is indirectly from God, and from Him consequently comes the authority to take the means needful for the attainment of its end. From God, in a prior and higher way, is the liberty of the individual, with which •the State cannot lawfully interfere except for the fulfilment of its own end. The State has therefore no right to pass laws opposed to the freedom of the Church or to the welfare of individual or family life. (2) The State has no right to pass any laws which are in opposition to the Divine law or the natural law. All power is from God, from Whom is the whole natural order ; therefore no law of the civil power is lawful if it tends to subvert the economy established by the Creator : for example, laws which prevent parents from bringing up children in the fear and love of God are wrong and immoral, and to oppose them is a Christian duty. (3) The State is bound to observe distributive justice in its administration. Thus it ought not to impose intolerable burdens on any class; its taxes ought to be regulated so that the rich should bear the major part of them ; merit and worth, and not influence, ought to be the guide in the distribution of offices and favors. \ (4) The chief function of the State is to safeguard the rights of its subjects, not to remove them. In all things the liberty and rights of the individual come first, and the necessity must be great as well as evident before the State' attempts any restriction. (5) It is incumbent on the State to promote "bublic morality and decency and to restrain abuses. Hence it is the duty of every State which is not openly atheistic to abolish schools- which are the fertile causes of unbelief anl laxity of morals, and to encourage those which are calculated to promote chastity, obedience, justice, «and religion. Such schools as are encouraged by our unfortunate legislators are as dangerous in their ultimate effects as bad books, improper plays, or an immoral press. The State never has. any right to interfere with the liberty of the subject as far as concerns the essentials of those rights which are fundamental in human nature, which precede the State, which are the very foundation on which the security of the State rests. A man's life, a man's right to marry, the right of parents to educate their children.in their own religion, are above.the province of the State. Sometimes the civil power may interfere with human liberty- in view
of the rights • arising ' from the common good. : This happens if (a) the free, unrestrained pursuit of "their own interests by, individuals becomes harmful to the community c or to a large part of it. - For instance, for the sake of the common, good the State -has the right to see that the ■ forests or fisheries are not injured : by private owners, and also to intervene to settle disputes between employers and laborers. Again, the State may interfere to prevent the sale of spurious articles or of goods injurious to the community: it might prohibit the sale of unsound meat, quack medicines, or very injurious intoxicants. It would be also within its province to protect individuals or small classes who are unable to protect themselves: in .this way its action might be beneficially exercised to restrain trusts, or to prevent wealthy merchants from making "corners" in provisions. Such interference must be always in view of the end of the State which is the common good, beyond which end the State has no powers and no authority. In all things the rights of religion, of families, and of private persons must be jealously respected. Few modern States now respect such rights. Few modern States are not enemies of the people and tyrants. Few modern statesmen manifest the smallest concern for the law of God, or for anything else beyond their own interest. When political pot-hunters attempt to deprive the people of their rights it is the clear duty of every man who cares for the interests of his country to do all in his power to replace the unprincipled politicians by honest men.
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New Zealand Tablet, 4 July 1918, Page 25
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1,146The New Zealand Tablet THURSDAY, JULY 1918. STATE INTERFERENCE New Zealand Tablet, 4 July 1918, Page 25
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