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68 that right will be beaten. What is obscurely intended, when this phrase is used, is that the stronger side is only rendered stronger by men's sense of right. But men's sense of right is very subjective, and is only one factor in deciding the preponderance of force. What is desirable in a Legislature is, not that it should decide by its personal sense of right, but that it should decide in a way which is felt to make an appeal to force unnecessary.

Having considered what the State ought not to do, I come now to what it ought to do.

Apart from war and the preservation of internal order, there are certain more positive functions which the State performs, and certain others which it ought to perform.

We may lay down two principles as regards these positive functions.

First: there are matters in which the welfare of the whole community depends upon the practically universal attainment of a certain minimum; in such cases the State has the right to insist upon this minimum being attained.

Secondly: there are ways in which, by insisting upon the maintenance of law, the State, if it does nothing further, renders possible various forms of injustice which would otherwise