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the science of right-第34章

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it is actually the people that assess themselves; this being the

only mode of proceeding according to laws of right。 This may be

effected through the medium of the body of deputies who represent

the people。 It is also permissible; in circumstances in which the

state is in imminent danger; to proceed by a forced loan; as a right

vested in the sovereign; although this may be a divergence from the

existing law。

  Upon this principle is also founded the right of administering the

national economy; including the finance and the police。 The police has

specially to care for the public safety; convenience; and decency。

As regards the last of these… the feeling or negative taste for public

propriety… it is important that it be not deadened by such

influences as begging; disorderly noises; offensive smells; public

prostitution (Venus vulgivaga); or other offences against the moral

sense; as it greatly facilitates the government in the task of

regulating the life of the people by law。

  For the preservation of the state there further belongs to it a

right of inspection (jus inspectionis); which entitles the public

authority to see that no secret society; political or religious;

exists among the people that can exert a prejudicial influence upon

the public weal。 Accordingly; when it is required by the police; no

such secret society may refuse to lay open its constitution。 But the

visitation and search of private houses by the police can only be

justified in a case of necessity; and in every particular instance; it

must be authorized by a higher authority。



    C。 Relief of the Poor。 Foundling Hospitals。 The Church。



  The sovereign; as undertaker of the duty of the people; has the

right to tax them for purposes essentially connected with their own

preservation。 Such are; in particular; the relief of the poor;

foundling asylums; and ecclesiastical establishments; otherwise

designated charitable or pious foundations。

  1。 The people have in fact united themselves by their common will

into a society; which has to be perpetually maintained; and for this

purpose they have subjected themselves to the internal power of the

state; in order to preserve the members of this society even when they

are not able to support themselves。 By the fundamental principle of

the state; the government is justified and entitled to compel those

who are able; to furnish the means necessary to preserve those who are

not themselves capable of providing for the most necessary wants of

nature。 For the existence of persons with property in the state

implies their submission under it for protection and the provision

by the state of what is necessary for their existence; and accordingly

the state founds a right upon an obligation on their part to

contribute of their means for the preservation of their fellow

citizens。 This may be carried out by taxing the property or the

commercial industry of the citizens; or by establishing funds and

drawing interest from them; not for the wants of the state as such;

which is rich; but for those of the people。 And this is not to be done

merely by voluntary contributions; but by compulsory exactions as

state…burdens; for we are here considering only the right of the state

in relation to the people。 Among the voluntary modes of raising such

contributions; lotteries ought not to be allowed; because they

increase the number of those who are poor; and involve danger to the

public property。 It may be asked whether the relief of the poor

ought to be administered out of current contributions; so that every

age should maintain its own poor; or whether this were better done

by means of permanent funds and charitable institutions; such as

widows' homes; hospitals; etc。? And if the former method is the

better; it may also be considered whether the means necessary are to

be raised by a legal assessment rather than by begging; which is

generally nigh akin to robbing。 The former method must in reality be

regarded as the only one that is conformable to the right of the

state; which cannot withdraw its connection from any one who has to

live。 For a legal current provision does not make the profession of

poverty a means of gain for the indolent; as is to be feared is the

case with pious foundations when they grow with the number of the

poor; nor can it be charged with being an unjust or unrighteous burden

imposed by the government on the people。

  2。 The state has also a right to impose upon the people the duty

of preserving children exposed from want or shame; and who would

otherwise perish; for it cannot knowingly allow this increase of its

power to be destroyed; however unwelcome in some respects it may be。

But it is a difficult question to determine how this may most justly

be carried out。 It might be considered whether it would not be right

to exact contributions for this purpose from the unmarried persons

of both sexes who are possessed of means; as being in part responsible

for the evil; and further; whether the end in view would be best

carried out by foundling hospitals; or in what other way consistent

with right。 But this is a problem of which no solution has yet been

offered that does not in some measure offend against right or

morality。

  3。 The church is here regarded as an ecclesiastical establishment

merely; and as such it must be carefully distinguished from

religion; which as an internal mode of feeling lies wholly beyond

the sphere of the action of the civil power。 Viewed as an

institution for public worship founded for the people… to whose

opinion or conviction it owes its origin… the church establishment

responds to a real want in the state。 This is the need felt by the

people to regard themselves as also subjects of a Supreme Invisible

Power to which they must pay homage; and which may of be brought

into a very undesirable collision with the civil power。 The state

has therefore a right in this relation; but it is not to be regarded

as the right of constitutional legislation in the church; so as to

organize it as may seem most advantageous for itself; or to

prescribe and command its faith and ritual forms of worship (ritus);

for all this must be left entirely to the teachers and rulers which

the church has chosen for itself。 The function of the state in this

connection; only includes the negative right of regulating the

influence of these public teachers upon the visible political

commonwealth; that it may not be prejudicial to the public peace and

tranquility。 Consequently the state has to take measures; on

occasion of any internal conflict in the church; or on occasion of any

collision of the several churches with each other; that civil

concord is not endangered; and this right falls within the province of

the police。 It is beneath the dignity of the supreme power to

interpose in determining what particular faith the church shall

profess; or to decree that a certain faith shall be unalterably

held; and that the ch
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