Page:Philosophical Review Volume 29.djvu/422

408 ever more deeply inspired by the idea of personal rights, the empirical dissolution of personality accompanying the now dominant 'psychology without a soul' has led in the philosophy of right to a denial of the substantiality of the human being as a legal conception. The philosophy of right is being confounded with history, and the doctrine of positive law and the notion of right as an objective entity is perishing. Only with the abandonment of an exclusively empirical, sceptical, and superficial philosophy, in favor of a true philosophy in harmony with imperishable moral principles and based on the intrinsic constitution of the individual and the necessity of justice, will the philosophy of right again come into its own. The right may establish its truth through struggle, but the truth of the idea is anterior to the process of its realization.

To what extent is it desirable for the state to interfere in the morality of its citizens? There is no objection to the state assuming an important role in the case of children. But with adults the situation is much more difficult. Here the object of the state should be to avoid interference, but at the same time to produce as favorable an environment as possible. "It must leave a man free to make a fool of himself if he chooses; but it is not necessary that special facilities be provided." The state has a right to infringe on personal freedom, however, when that interferes with or injures some other individual. The method of the state, then, should be to punish severely any immorality which becomes a social menace. In this way personal freedom would not be limited and yet all forms of immorality would be minimized.

The last century showed a tendency toward human integration and centralization illustrated in the political realm by imperialism culminating in leagues of empires, and in the economic sphere by capitalism. Nationalism and class antagonisms now threaten these kindred forms of power-integration, while even as regards efficiency and economy, integration reaches a point of diminishing returns; and Britain, the loosest system, shows most stability. Human nature has not changed. The individual must be more than a tool or cog; and face to face relationships, as emphasized by Aristotle and Rousseau, are fundamental to democracy, though "toward such a democracy we have at best made only a start." It is not merely an economic matter. Religion and education should dispense with their machinery and allow for variety. Happiness and culture and spiritual values in general require personal association, and deteriorate with