251 



tice is an essential function of government, and its performance, a limi- 

 tation on its other functions ; in other words, that it is not permissible for 

 the government to do anything that is inconsistent with justice. 



More specially, the principle, and the grounds upon which it rests, may 

 be stated in the following three proposition? : 



(1) There is always a presumption in favor of liberty, which rests upon 

 the principle that the healtliy development, and consequent welfare of 

 man, considered either individually or collectively as a State, can, in gen- 

 eral, be secured only by leaving his development to natural processes, 

 and hence that in every particular case, the presumption is against gov- 

 ernmental interference, and the burden ot proof upon him who asserts 

 its propriety. 



(2) In order to secure the liberty or freedom of action essential to the 

 health}' development and well-being of man, the State must interfere by 

 governmental action, so far as may be necessary for the purpose ; and 

 hence, it is the essential function of government to maintain justice. 



(3) It follows, as a corollary of the last proposition, that the perform- 

 ance of the function of maintaining justice (which constitutes the raison 

 d'etre of government, and the condition of its existence), is a limitation 

 on its other functions ; and that no other function can be admitted that is 

 inconsistent with this. 



§ 25. Of the Organic Theory of the Functions of Oovernment. 



These propositions, however, do not establish the negative proposition 

 of Spencer and others, that the functions of the State do not extend 

 beyond the function of maintaining justice ; and it remains, therefore, to 

 consider the affirmative of this proposition. 



On this point, as we have said, it cannot be denied that the ultimate 

 end of the State is the welfare or well-being of the individuals — including 

 future generations — that compose it. But this end can be effected only 

 by means of society — which is as essential to the welfare of each individ- 

 ual as food or raiment or shelter — and, in general, only by the perfect 

 freedom of its action. The government may, indeed, with the resources 

 of the Stat?, assist this or that individual or class of individuals, and thus 

 add to the fortunes and perhaps to the happiness of sucii individual or 

 class ; but, as all its rights are held in trust for, and in fact belong to the 

 whole community, it cannot legitimately or justly do this, except to the 

 extent that the interests or the obligations of the whole community may 

 require it. Hence, it may be said that the ultimate end of government is 

 merely to maintain the healthy existence and development of society. 



To this end, as we have seen, it is an essential condition that justice 

 should be observed ; but justice itself is perhaps but a corollary from a 

 higher principle; namely, that the aummum bonum , or greatest good of 

 man, is the perfect and harmonious development and exercise of his facul- 

 ties ; and that his nature is such that the principal instrumentality of such 

 development must consist in individual liberty, operating freely under 



