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CHAPTER VIII NATURE OF THE END OF THE STATE AND CONSEQUENT LIMIT OF STATE ACTION 180-234

Оглавление

1. Distinction between Individual and Society irrelevant to question of Social Means and End 180

2. True contrast: Automatism and Consciousness 181

3. End of State, and Means at its disposal qua State 184

4. State can only secure “external” actions 186

5. Principle of the hindrance of hindrances 190

6. State action as the maintenance of rights 201

(a) System of rights from standpoint of community 203 (b) From standpoint of individuals. “Position” 204 (i) As Rights or recognised claims 206 (ii) As Obligations or recognised debts 206 (c) Rights as implying Duties 208 (i) When Duty = Obligation 208 (ii) When Duty = Purpose, which is source of Right 209 (d) Rights, why recognised claims? 210 (i) A “Position” involves recognition 210 (ii) No right based on individual caprice 212

7. State action as punishment 216

(i) Punishment as reformatory 221

(ii) Punishment as retributory 223

(iii) Punishment as deterrent 228

Conclusion. State Action as exercise of a General Will 232

The Philosophical Theory of the State

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