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private domain； indeed； physical or moral； offers temptations for its
neighbors to trespass on it； and； to keep this intact； demands the
superior intervention of a third party。 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'intérêt 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。 Manifestly； in allowing or forbidding divorce； in
extending or restricting what a man may dispose of by testament； in
favoring or interdicting substitutions； it is chiefly in view of some
political； economical or social advantage； either to refine or
consolidate the union of the sexes； to implant in the family habits of
discipline or sentiments of affection； to excite in children an
initiatory spirit； or one of concord； to prepare for the nation a
staff of natural chieftains； or an army of small proprietors； and
always authorized by the universal assent。 Moreover； and always with
this universal assent； it does other things outside the task
originally assigned to it； and nobody finds that it usurps when；
* it coins money；
* it regulates weights and measures；
* it establishes quarantines；
* on condition of an indemnity； it expropriates private property for
public utility；
* it builds lighthouses； harbors； dikes； canals； roads；
* it defrays the cost of scientific expeditions；
* it founds museums and public libraries；
* at times； toleration is shown for its support of universities；
schools； churches； and theaters；
and； to justify fresh drafts on private purses for such objects； no
reason is assigned for it but the common interest。 （l'intérêt commun）
… Why should it not； in like manner； take upon itself every enterprise
for the benefit of all？ Why should it hesitate in commanding the
execution of every work advantageous to the community； and why abstain
from forbidding every harmful work？ Now please note that in human
society every act or omission； even the most concealed or private； is
either a loss or a gain to society。 So if I neglect to take care of
my property or of my health； of my intellect or of my soul； I
undermine or weaken in my person a member of the community which can
only be rich； healthy and strong through the wealth； health and
strength of his fellow members； so that； from this point of view； my
private actions are all public benefits or public injuries。 Why then；
from this point of view； should the State scruple about prescribing
some of these to me and forbidding others？ Why； in order to better
exercise this right； and better fulfill this obligation； should it not
constitute itself the universal contractor for labor； and the
universal distributor of productions？ Why should it not become the
sole agriculturist； manufacturer and merchant； the unique proprietor
and administrator of all France？ … Precisely because this would be
opposed to the common weal （l'intérêt de tous； the interest of
everyone）＇15＇。 Here the second principle； that advanced against
individual independence； operates inversely； and； instead of being an
adversary； it becomes a champion。 Far from setting the State free； it
puts another chain around its neck； and thus strengthens the fence
within which modern conscience and modern honor have confined the
public guardian。
V。
Direct common interest。 … This consists in the absence of constraint。
… Two reasons in favor of freedom of action。 … Character； in general；
of the individual man。 … Modern complication。
In what； indeed； does the common weal （l'intérêt de tous； the interest
of everyone） consist？ … In the interest of each person； while that
which interests each person is the things of which the possession is
agreeable and deprivation painful。 The whole world would in vain
gainsay this point； every sensation is personal。 My suffering and my
enjoyments are not to be contested any more than my inclination for
objects which procure me the one； and my dislike of objects which
procure me the other。 There is； therefore； no arbitrary definition of
each one's particular interest； this exists as a fact independently of
the legislator； all that remains is to show what this interest is； and
what each individual prefers。 Preferences vary according to race；
time； place and circumstance。 Among the possessions which are ever
desirable and the privation of which is ever dreaded； there is one；
however； which； directly desired； and for itself； becomes； through the
progress of civilization； more and more cherished； and of which the
privation becomes； through the progress of civilization； more and more
grievous。 That is the disposition of one's self； the full ownership
of one's body and property； the faculty of thinking； believing and
worshipping as one pleases； of associating with others； of acting
separately or along with others； in all senses and without hindrance；
in short； one's liberty。 That this liberty may as extensive as
possible is； in all times； one of man's great needs； and； in our days；