4 ECONOMICS OF FORESTRY. 



goes, finds expression in the old Roman law, "Utere 

 tiio ne alteriim noceas" namely, such use of the 

 property as shall not entail damage to another 

 party. 



This ancient restrictive principle, which is rec- 

 ognized in all civilized states, was at first probably 

 applied only to interferences between private inter- 

 ests ; but finally the protection of the interests of 

 the aggregation against those of the individual 

 must have necessitated its application, whenever 

 a communal interest would suffer by the unre- 

 stricted exercise of individual rights. 



This restrictive function of the state, in addition 

 to that of defending the aggregation against out- 

 siders, will probably be admitted by all parties and 

 schools as elementary and essential to the existence 

 of the state. Divergence of opinion arises, how- 

 ever, not only when additional, more positive, and 

 directive functions are claimed for the state, — as, 

 for instance, when the laissez-faire policy is to be 

 supplanted by a faire-7narcJier promotive policy, — 

 but also in the interpretation of the meaning of the 

 terms of the mere restrictive function, when the 

 question arises, what is to be considered damage 

 and who the other is that is to be protected. 



The very nature of the modern civilized govern- 

 ment necessitates the very widest interpretation of 

 these terms. Civilized states of to-day are intended 

 and built for permanency ; they are not held to- 

 gether by mere compacts of the single members of 



