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humanity in which society consists wholly of a herd。 In this herd
there is no distinct association in view of a distinct purpose； there
is not even a family … no permanent tie between male and female； there
is simply a contact of the sexes。 Gradually； in this herd of
individuals； all equal and all alike； particular groups define
themselves； take shape； and separate： we see appearing more and more
precise relationships； more and more distinct habitations； more and
more hereditary homesteads； fishing； hunting； and war groups； and
small workshops； if the people is a conquering people； castes
establish themselves。 At length； we find in this expanded and solidly…
organized social body provinces； communes； churches； hospitals；
schools； corporate bodies and associations of every species and
dimension； temporary or permanent； voluntary or involuntary； in brief；
a multitude of social engines constructed out of human beings who； on
account of personal interest； habit； and constraint； or through
inclination； conscience； and generosity； co…operate according to a
public or tacit statute in effecting in the material or spiritual
order of things this or that determinate undertaking。 In France； to…
day； there are； besides the State； eighty…six departments； thirty…six
thousand communes； four church bodies； forty thousand parishes； seven
or eight millions of families； millions of agricultural； industrial；
and commercial establishments； hundreds of institutions of science and
art； thousands of educational and charitable institutions； benevolent
and mutual…aid societies； and others for business or for pleasure by
tens and hundreds and thousands； in short； innumerable associations of
every kind； each with a purpose of its own； and； like a tool or a
special organ； carrying out a distinct work。
Now； each of these associations so far as it is a tool or an organ is
subject to the same law； the better it is in one direction； the more
mediocre it is in other directions； its special competency constitutes
its general incompetence。 This is why； among developed nations； no
specialized organization can replace another in a satisfactory manner。
〃An academy of painting which should also be a bank would； in all
probability； exhibit very bad pictures and discount very bad bills。 A
gas company which should also be a kindergarten would； we expect；
light the streets poorly and teach the children badly。〃 ＇1＇ And the
reason is that an instrument； whatever it may be； a mechanical tool；
or physiological organ； or human association； is always a system of
pieces whose effects converge to a given end； it matters little
whether the pieces are bits of wood and metal； as in the tool； cells
and fibers； as in the organ； souls and understandings； as in the
association； the essential thing is the convergence of their effects；
for the more convergent these effects； the more efficient is the
instrument in the realization of its end。 But； through this
convergence； it takes one direction exclusively and cannot take any
other； it cannot operate at once in two different senses； it cannot
possibly turn to the right and at the same time turn to the left。 If
any social instrument devised for a special service is made to act
additionally for another； it will perform its own office badly as well
the one it usurps。 Of the two works executed by it； the first injures
the second and the second injures the first one。 The end； ordinarily；
is the sacrifice of one to the other； and； most frequently； the
failure of both。
II。 Abusive Government Intervention。
Application of this law to the public power。 … General effect of its
intervention。
Let us follow out the effects of this law when it is the public power
which； beyond its principal and peculiar task； undertakes a different
task and puts itself in the place of corporate bodies to do their
work； when the State； not content with protecting the community and
individuals against external or internal oppression； takes upon itself
additionally the government of churches； education； or charity； the
direction of art； science； and of commercial； agricultural； municipal；
or domestic affairs。 … Undoubtedly； it can intervene in all corporate
bodies other than itself； it has both the right and the duty to
interfere； it is bound to do this through its very office as defender
of persons and property； to repress in these bodies spoliation and
oppression； to compel in them the observance of the primordial
statute； charter； or contract； to maintain in the them rights of each
member fixed by this statute； to decide according to this statute all
conflicts which may arise between administrators and the
administrated； between directors and stockholders； between pastors and
parishioners； between deceased founders and their living successors。
In doing this； it affords them its tribunals； its constables； and its
gendarmes； and it affords these to them only with full consent after
having looking into and accepted the statute。 This； too； is one of the
obligations of its office： its mandate hinders it from placing the
public power at the service of despoiling and oppressive enterprises；
it is interdicted from authorizing a contract for prostitution or
slavery； and above all； for the best of reasons； a society for
brigandage and insurrections； an armed league； or ready to arm itself；
against the community； or a part of the community； or against itself。
… But； between this legitimate intervention which enables it to
maintain rights； and the abusive interference by which it usurps
rights； the limit is visible and it oversteps this limit when； to its
function of justiciary； it adds a second； that of governing or
supporting another corporation。 In this case two series of abuses
unfold themselves； on the one side； the State acts contrary to its
primary office； and； on the other； it discharges the duties of its
superadded office badly。＇2＇
III。 The State attacks persons and property。
It acts against its function。 Its encroachments are attacks on persons
and property。
For； in the first place； to govern another corporate body； for example
the Church； the State at one time appoints its ecclesiastical heads；
as under the old monarchy after the abolition of the Pragmatic
Sanction by the Concordat of 1516； at another； as with the Constituent
Assembly in 1791； without appointing its heads； it invents a new mode
of appointment by imposing on the Church a discipline contrary to its
spirit and even to its dogmas。 Sometimes it goes further still and
reduces a special body into a mere administrative branch； transforming
its heads into revocable functionaries whose acts it orders and
directs； such under the Empire as well as under the Restoration； were
the mayor and common…councilors in a commune； and the professors and
head…masters of the University。 One step more and the invasion is
complete： naturally； either through ambition or precaution； or through
t