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humanity in which society consists wholly of a herd。 In this herd
there is no distinct association in view of a distinct purpose; there
is not even a family … no permanent tie between male and female; there
is simply a contact of the sexes。 Gradually; in this herd of
individuals; all equal and all alike; particular groups define
themselves; take shape; and separate: we see appearing more and more
precise relationships; more and more distinct habitations; more and
more hereditary homesteads; fishing; hunting; and war groups; and
small workshops; if the people is a conquering people; castes
establish themselves。 At length; we find in this expanded and solidly…
organized social body provinces; communes; churches; hospitals;
schools; corporate bodies and associations of every species and
dimension; temporary or permanent; voluntary or involuntary; in brief;
a multitude of social engines constructed out of human beings who; on
account of personal interest; habit; and constraint; or through
inclination; conscience; and generosity; co…operate according to a
public or tacit statute in effecting in the material or spiritual
order of things this or that determinate undertaking。 In France; to…
day; there are; besides the State; eighty…six departments; thirty…six
thousand communes; four church bodies; forty thousand parishes; seven
or eight millions of families; millions of agricultural; industrial;
and commercial establishments; hundreds of institutions of science and
art; thousands of educational and charitable institutions; benevolent
and mutual…aid societies; and others for business or for pleasure by
tens and hundreds and thousands; in short; innumerable associations of
every kind; each with a purpose of its own; and; like a tool or a
special organ; carrying out a distinct work。
Now; each of these associations so far as it is a tool or an organ is
subject to the same law; the better it is in one direction; the more
mediocre it is in other directions; its special competency constitutes
its general incompetence。 This is why; among developed nations; no
specialized organization can replace another in a satisfactory manner。
〃An academy of painting which should also be a bank would; in all
probability; exhibit very bad pictures and discount very bad bills。 A
gas company which should also be a kindergarten would; we expect;
light the streets poorly and teach the children badly。〃 '1' And the
reason is that an instrument; whatever it may be; a mechanical tool;
or physiological organ; or human association; is always a system of
pieces whose effects converge to a given end; it matters little
whether the pieces are bits of wood and metal; as in the tool; cells
and fibers; as in the organ; souls and understandings; as in the
association; the essential thing is the convergence of their effects;
for the more convergent these effects; the more efficient is the
instrument in the realization of its end。 But; through this
convergence; it takes one direction exclusively and cannot take any
other; it cannot operate at once in two different senses; it cannot
possibly turn to the right and at the same time turn to the left。 If
any social instrument devised for a special service is made to act
additionally for another; it will perform its own office badly as well
the one it usurps。 Of the two works executed by it; the first injures
the second and the second injures the first one。 The end; ordinarily;
is the sacrifice of one to the other; and; most frequently; the
failure of both。
II。 Abusive Government Intervention。
Application of this law to the public power。 … General effect of its
intervention。
Let us follow out the effects of this law when it is the public power
which; beyond its principal and peculiar task; undertakes a different
task and puts itself in the place of corporate bodies to do their
work; when the State; not content with protecting the community and
individuals against external or internal oppression; takes upon itself
additionally the government of churches; education; or charity; the
direction of art; science; and of commercial; agricultural; municipal;
or domestic affairs。 … Undoubtedly; it can intervene in all corporate
bodies other than itself; it has both the right and the duty to
interfere; it is bound to do this through its very office as defender
of persons and property; to repress in these bodies spoliation and
oppression; to compel in them the observance of the primordial
statute; charter; or contract; to maintain in the them rights of each
member fixed by this statute; to decide according to this statute all
conflicts which may arise between administrators and the
administrated; between directors and stockholders; between pastors and
parishioners; between deceased founders and their living successors。
In doing this; it affords them its tribunals; its constables; and its
gendarmes; and it affords these to them only with full consent after
having looking into and accepted the statute。 This; too; is one of the
obligations of its office: its mandate hinders it from placing the
public power at the service of despoiling and oppressive enterprises;
it is interdicted from authorizing a contract for prostitution or
slavery; and above all; for the best of reasons; a society for
brigandage and insurrections; an armed league; or ready to arm itself;
against the community; or a part of the community; or against itself。
… But; between this legitimate intervention which enables it to
maintain rights; and the abusive interference by which it usurps
rights; the limit is visible and it oversteps this limit when; to its
function of justiciary; it adds a second; that of governing or
supporting another corporation。 In this case two series of abuses
unfold themselves; on the one side; the State acts contrary to its
primary office; and; on the other; it discharges the duties of its
superadded office badly。'2'
III。 The State attacks persons and property。
It acts against its function。 Its encroachments are attacks on persons
and property。
For; in the first place; to govern another corporate body; for example
the Church; the State at one time appoints its ecclesiastical heads;
as under the old monarchy after the abolition of the Pragmatic
Sanction by the Concordat of 1516; at another; as with the Constituent
Assembly in 1791; without appointing its heads; it invents a new mode
of appointment by imposing on the Church a discipline contrary to its
spirit and even to its dogmas。 Sometimes it goes further still and
reduces a special body into a mere administrative branch; transforming
its heads into revocable functionaries whose acts it orders and
directs; such under the Empire as well as under the Restoration; were
the mayor and common…councilors in a commune; and the professors and
head…masters of the University。 One step more and the invasion is
complete: naturally; either through ambition or precaution; or through
theory or prejudice; on undertaking a new service it is tempted to
reserve to itself or delegate its monopoly。 Before 1789 there existed
one of these monopolies to the advantage of the Catholic Church;
through the interdiction of other cults; also another to the advantage
of each corporation of 〃Arts et Métiers;〃 through the interdiction of
free labor; after 1800; there existed one for the benefit of the
University through all sorts of shackles and constraints imposed on
the establishment and maintenance of private schools。 … Now; through
each of these constraints the State encroaches on the domain of the
individual; the more extended its encroachments the more does it prey
upon and reduce the circle of spontaneous initiation and of
independent action; which constitute the true life of the individual;
if; in conformity with the Jacobin program; it pushes its interference
to the end; it absorbs in itself all other lives;'3' henceforth; the
community consists only of automata maneuvered from above; infinitely
small residues of men; passive; mutilated; and; so to say; dead souls;
the State; instituted to preserve persons; has reduced them to
nonentities。
The effect is the same with property when the State supports other
organizations than its own。 For; to maintain these; it has no other
funds than those of the taxpayers; consequently; using its collectors;
it takes the money out of their pockets; all; indiscriminately;
willingly or not; pay supplementary taxes for supplementary services;
whether this service benefits them or is repugnant to them。 If I am a
Protestant in a Catholic State; or a Catholic in a Protestant State; I
pay for religion which seems wrong to me and for a Church which seems
to me mischievous。 If I am a skeptic; a free…thinker; indifferent or
hostile to positive religions in France; I pay to…day for the support
of four cults which I regard as useless or pernicious。 If I am a
provincial or a peasant; I pay f