The Least a State Must Do
What is the least a government must do, and where may the general happiness justify more? The book starts from a minimum of law and argues outward, case by case.
The individualistic principle says the state should restrain people only to stop them harming one another and to hold them to their contracts. Sidgwick works out what that minimum requires — security of person and reputation, private property with the right to give, sell and bequeath it, protection against deception and coercion — and finds its edges already disputed over land and the results of intellectual labour. He then asks where paternal or socialistic interference earns its place on utilitarian grounds.
- individualism
- property rights
- property
- inheritance
- compensation
- paternalism
- individual liberty
- legislation
- rule of law
- utilitarianism
Enter a dialogue
- Your starting rule lets the state only stop harm and enforce contracts. Why treat that as a minimum to build on rather than a limit?
- Many parents feel their children are owed an inheritance. Why do you see no adequate reason for the law to create that expectation?
- Standard weights and measures stop cheating before it happens rather than punishing it after. Once the state prevents harm in advance, where does its interference end?
- Someone attacked may repel the attacker, but may not strike back afterwards in anger. Why does your minimum draw the line between repulsion and retaliation?
- To curb drunkenness, the law can punish the seller rather than the drinker. Why do you prefer coercion that falls on the trade?