philosophy of right-第56章
按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
In the indefinite multiplication and interconnection of day…to…day needs； （a） the
acquisition and exchange of the means to their satisfactions — satisfaction which
everyone confidently expects to be possible of attainment without hindrance； and
（b） the endeavours made and the transactions carried out in order to shorten the
process of attainment as much as possible； give rise to factors which are a
common interest； and when one man occupies himself with these his labour is at
the same time done for all。 The situation is productive too of contrivances and
organisations which may be of use to the community as a whole。 These universal
activities and organisations of general utility call for the oversight and care of the
public authority。
§ 236。
The differing interests of producers and consumers may come into collision with
each other； and although a fair balance between them on the whole may be
brought about automatically； still their adjustment also requires a control which
stands above both and is consciously undertaken。 The right to the exercise of
such control in a single case （e。g。 in the fixing of the prices of the commonest
necessaries of life） depends on the fact that； by being publicly exposed for sale；
goods in absolutely universal daily demand are offered not so much to an
individual as such but rather to a universal purchaser； the public； and thus both
the defence of the public’s right not to be defrauded； and also the management
of goods inspection； may lie； as a common concern； with a public authority。 But
public care and direction are most of all necessary in the case of the larger
branches of industry； because these are dependent on conditions abroad and on
combinations of distant circumstances which cannot be grasped as a whole by the
individuals tied to these industries for their living。
Remark： At the other extreme to freedom of trade and commerce in civil society is public
organisation to provide for everything and determine everyone’s labour — take for example in
ancient times the labour on the pyramids and the other huge monuments in Egypt and Asia which
were constructed for public ends； and the worker’s task was not mediated through his private
choice and particular interest。 This interest invokes freedom of trade and commerce against
control from above； but the more blindly it sinks into self…seeking aims； the more it requires such
control to bring it back to the universal。 Control is also necessary to diminish the danger of
upheavals arising from clashing interests and to abbreviate the period in which their tension should
be eased through the working of a necessity of which they themselves know nothing。
Addition： The oversight and care exercised by the public authority aims at being a middle term
between an individual and the universal possibility； afforded by society； of attaining individual ends。
It has to undertake street…lighting； bridge…building； the pricing of daily necessaries； and the care of
public health。 In this connection； two main views predominate at the present time。 One asserts that
the superintendence of everything properly belongs to the public authority； the other that the public
authority has nothing at all to settle here because everyone will direct his conduct according to the
needs of others。 The individual must have a right to work for his bread as he pleases； but the
public also has a right to insist that essential tasks shall be properly done。 Both points of view must
be satisfied； and freedom of trade should not be such as to jeopardise the general good。
§ 237。
Now while the possibility of sharing in the general wealth is open to individuals
and is assured to them by the public authority； still it is subject to contingencies
on the subjective side （quite apart from the fact that this assurance must remain
incomplete）； and the more it presupposes skill； health； capital； and so forth as its
conditions； the more is it so subject。
§ 238。
Originally the family is the substantive whole whose function it is to provide for
the individual on his particular side by giving him either the means and the skill
necessary to enable him to earn his living out of the resources of society； or else
subsistence and maintenance in the event of his suffering a disability。 But civil
society tears the individual from his family ties； estranges the members of the
family from one another； and recognises them as self…subsistent persons。 Further；
for the paternal soil and the external inorganic resources of nature from which the
individual formerly derived his livelihood； it substitutes its own soil and subjects
the permanent existence of even the entire family to dependence on itself and to
contingency。 Thus the individual becomes a son of civil society which has as
many claims upon him as he has rights against it。
Addition： To be sure； the family has to provide bread for its members； but in civil society the
family’ is something subordinate and only lays the foundations； its effective range is no longer so
comprehensive。 Civil society is rather the tremendous power which draws men into itself and
claims from them that they work for it； owe everything to it； and do everything by its means。 If man
is to be a member of civil society in this sense； he has rights and claims against it just as he had
rights and claims in the family。 Civil society must protect its members and defend their rights； while
its rights impose duties on every one of its members。
§ 239。
In its character as a universal family； civil society has the right and duty of
superintending and influencing education； inasmuch as education bears upon the
child’s capacity to become a member of society。 Society’s right here is
paramount over the arbitrary and contingent preferences of parents； particularly in
cases where education is to be completed not by the parents but by others。 To the
same end； society must provide public educational facilities so far as is
practicable。
Addition： The line which demarcates the rights of parents from those of civil society is very hard
to draw here。 Parents usually suppose that in the matter of education they have complete freedom
and may arrange everything as they like。 The chief opposition to any form of public education
usually comes from parents and it is they who talk and make an outcry about teachers and schools
because they have a faddish dislike of them。 None the less； society has a right to act on principles
tested by its experience and to compel parents to send their children to school； to have them
vaccinated； and so forth。 The disputes that have arisen in France between the advocates of state
supervision and those who demand that education shall be free； i。e。 at the option of the parents；
are relevant here。
§ 240。
Similarly； society has the right and duty of acting as trustee to those whose
extravagance destroys the security of their own subsistence or their families。 It
must substitute for extravagance the pursuit of the ends of society and the
individuals concerned。
Addition： There was an Athenian law compelling every citizen to give an account of his source
of livelihoods Nowadays we take the view that this is nobody’s business but his own。 Of course
every individual is from one point of view independent； but he also plays his part in the system of
civil society； and while every man has the right to demand subsistence from it； it must at the same
time protect him from himself。 It is not simply starvation which is at issue； the further end in view is
to prevent the formation of a pauperised rabble。 Since civil society is responsible for feeding its
members； it also has the right to press them to provide for their own livelihood。
§ 241。
Not only caprice； however； but also contingencies； physical conditions； and
factors grounded in external circumstances （see § 200） may reduce men to
poverty。 The poor still have the needs common to civil society； and yet s
