246 



viduals from aggression, either foreign or domestic. And this is its sole 

 essential end ; for all other ends of society can be more or less perfectly 

 attained without political interference, (a) But obviously this function in- 

 cludes numerous others ; as, for instance, tlxe function of organizing and 

 administering a government, and of maintaining it against attacks, from 

 without or within, and, as consequent upon this, the functions of tt^xa- 

 tion, judicature, legislation, punishment and many others. All of these 

 are essentially necessary, either directly or indirectly, to the exercise of 

 the function of maintaining justice and therefore to be admitted. 



§ 21. Of Other Functions of the State and of the Several Theories with 

 Reference Thereto. 



Whether, in addition to the maintenance of justice and the several 

 functions therein involved — which may be called its essential functions — 

 government has other functions, is an important question, and one upon 

 which there is much difference of opinion. On the one hand, it is 

 asserted that the functions of the State are strictly limited to the realiza- 

 tion of right or justice ; on the other, that they extend to the promotion 

 of the happiness or welfare of the community in every way. The former 

 of these theories is variously designated as the doctrine of Inissez faire, 

 laissez passer, or laissez aller, and has latterl3% I believe, by Mr. Huxley, 

 been nick- named administrative Niliilism; the latter may be called the 

 utilitarian doctrine. Between these two theories, as extremes, there are 

 several others, which, while according to the State more extensive func- 

 tions than the former, yet assign a well-defined limit to State inter- 

 ference. Of these, two maybe distinguished : The one regards the main- 

 tenance of justice as the essential end of government, and the per- 

 formance of this function as a Imiitation on its other functions, with- 

 out assigning any other limit : The other regards it as the proper 

 function of government also to supervise, protect, encourage and direct, 

 the natural development of man and society. The former is the practi- 

 cal view commonly taken by the jurists, and may, therefore, without im- 

 propriety, be called the juristic theory of political functions ; the latter, 

 from the fact that it regards the State— in the sense explained in the last 

 chapter — as organic in its nature, has been called, though not with strict 

 propriety, the organic theory of the State. These several theories will be 

 discussed in the order in which they have been named. 



§23. Of the Laissez Faire Doctrine. 



Of the first tlieory — the laissez faire, or let alone doctrine — the most 

 conspicuous representative is Mr. Herbert Spencer, whose works have 

 made the subject so familiar in this country and England as to dispense 

 with the necessity of treating it here at length. (6) His position is thus 

 admirably stated in one of his latest works : 



"Whether, in the absence of war, a government has, or has not any- 



