Book contents
- Frontmatter
- Contents
- Editor's Introduction
- ON THE LIMITS OF STATE ACTION
- NOTE ON THIS EDITION AND TRANSLATION
- Contents
- CHAPTER I Introduction
- CHAPTER II Of the individual man, and the highest ends of his existence
- CHAPTER III On the solicitude of the State for the positive welfare of the citizen
- CHAPTER IV Of the solicitude of the State for the negative welfare of the citizen—For his security
- CHAPTER V On the solicitude of the State for security against foreign enemies
- CHAPTER VI On the solicitude of the State for the mutual security of the citizens—Means for attaining this end—Institutions for reforming the mind and character of the citizen—National education
- CHAPTER VII Religion
- CHAPTER VIII Amelioration of morals
- CHAPTER IX The solicitude of the State for security more accurately and positively defined—Further development of the idea of security
- CHAPTER X On the solicitude of the State for security with respect to actions which directly relate to the agent only (Police laws)
- CHAPTER XI On the solicitude of the State for security with respect to such of the citizens' actions as relate directly to others (Civil laws)
- CHAPTER XII On the solicitude of the State for security as manifested in the juridical decision of disputes among the citizens
- CHAPTER XIII On the solicitude for security as manifested in the punishment of transgressions of the State's laws (criminal laws)
- CHAPTER XIV On the care of the State for the welfare of minors, lunatics, and idiots
- CHAPTER XV Measures for the maintenance of the State—Completion of the theory
- CHAPTER XVI Practical application of the theory proposed
- Other works by Wilhelm von Humboldt
- Select Bibliography
- Index
- CAMBRIDGE STUDIES IN THE HISTORY AND THEORY OF POLITICS
CHAPTER XII - On the solicitude of the State for security as manifested in the juridical decision of disputes among the citizens
from ON THE LIMITS OF STATE ACTION
Published online by Cambridge University Press: 05 February 2015
- Frontmatter
- Contents
- Editor's Introduction
- ON THE LIMITS OF STATE ACTION
- NOTE ON THIS EDITION AND TRANSLATION
- Contents
- CHAPTER I Introduction
- CHAPTER II Of the individual man, and the highest ends of his existence
- CHAPTER III On the solicitude of the State for the positive welfare of the citizen
- CHAPTER IV Of the solicitude of the State for the negative welfare of the citizen—For his security
- CHAPTER V On the solicitude of the State for security against foreign enemies
- CHAPTER VI On the solicitude of the State for the mutual security of the citizens—Means for attaining this end—Institutions for reforming the mind and character of the citizen—National education
- CHAPTER VII Religion
- CHAPTER VIII Amelioration of morals
- CHAPTER IX The solicitude of the State for security more accurately and positively defined—Further development of the idea of security
- CHAPTER X On the solicitude of the State for security with respect to actions which directly relate to the agent only (Police laws)
- CHAPTER XI On the solicitude of the State for security with respect to such of the citizens' actions as relate directly to others (Civil laws)
- CHAPTER XII On the solicitude of the State for security as manifested in the juridical decision of disputes among the citizens
- CHAPTER XIII On the solicitude for security as manifested in the punishment of transgressions of the State's laws (criminal laws)
- CHAPTER XIV On the care of the State for the welfare of minors, lunatics, and idiots
- CHAPTER XV Measures for the maintenance of the State—Completion of the theory
- CHAPTER XVI Practical application of the theory proposed
- Other works by Wilhelm von Humboldt
- Select Bibliography
- Index
- CAMBRIDGE STUDIES IN THE HISTORY AND THEORY OF POLITICS
Summary
The security of citizens in a society depends chiefly on transferring to the State all private pursuit of redress. With this transfer the State acquires the duty of giving to the citizens what they may no longer obtain for themselves, and hence of judging disputed cases and of protecting the successful litigant in his rights.
In so doing the State merely disinterestedly takes the place of the citizens. For security is never really violated when the man who is wronged is willing, or has reasons, to waive his right of redress; but only when he who suffers, or believes himself to suffer, wrong, will not patiently put up with it. Indeed, if ignorance or indolence should bring men to neglect their personal rights, the State should not interfere on its own account. It has sufficiently done its duty if it has not encouraged such errors by obscure and complicated laws, or by some which have not been properly made known. These considerations also apply to all means adopted by the State to solve the exact question of right in cases where redress is sought. That is, it must not advance a single step further in its investigation into the true nature of the case, than the parties concerned require.
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- The Limits of State Action , pp. 103 - 106Publisher: Cambridge University PressPrint publication year: 1969