30 LANDLORD AND TENANT 



State to landlord and tenant now require our attention. 

 The general principle upon which the greater part of our 

 legislation is based is that which Sidgwick calls " The 

 individualistic minimum of governmental interference." 

 This seeks to realize the greatest happiness of the people by 

 allowing the miximum of freedom, and imposing restraint 

 only so far as to prevent definite injuries by physically or 

 economically stronger persons on the weaker, and in general 

 to avoid infringements of liberty. There are, however, two 

 other important principles on which legislation is sometimes 

 based the paternal principle which regards it as the duty 

 of the State to make laws guiding the conduct of persons for 

 their own benefit, as for example, prohibition of consumption 

 of alcohol or smoking by children ; and on the other hand 

 the socialistic principle in which the State definitely inter- 

 feres and concerns itself with the welfare of the whole 

 community. There is no reason to object to the socialistic 

 principle for land legislation in India, excepting on the 

 ground of the difficulty of securing its enforcement, as will be 

 seen in an example which I shall mention later. The prin- 

 ciple of the minimum of interference is undoubtedly that 

 which will lead to the best practical results, for if the 

 legislation be well devised with due consideration of all the 

 economic forces and social tendencies acting on the popula- 

 tion affected, considerable results may be obtained with a 

 degree of interference which is easily enforceable, and 

 liable to produce but little friction or irritation. The 

 paternal principle of legislation may also be kept in view 

 as applicable to this case so far as the conditions allow of 

 enforcement. 



In relation to the land the State really occupies a 

 two-fold position. In the first place the State is the superior 

 landlord of the whole country. This still remains a legal 

 * Elements of Politics, 2nd ed., p. 44. 



