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Moral Justification Of The State Interference With Rights And Liberties Of The Citizens
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1.3 FUNCTIONS OF THE STATE
Having studies the definitions and origin of the state it become
necessary to link up such pervious analysis to the role, they are to
perform on behalf of the citizens. The main aim of the state is the good
of all in the society. The state Aristotle tells us, originated for the
purpose of life. The end of the state is therefore, ethical the state
exists for the increase of its population or wealth or for empire or the
extension of its influence. It exists for the exercise of the
qualities, which make men good citizens, good husband father, neighbors,
and good heads of households. The ethic end of the state is
subordinated to convenience in Hocke. His concern is not with the “Goodâ€
but with the “Convenientâ€. The great end of men uniting into state is
the preservation of their personal rights and liberties.
All state, no matter the nature performs almost the same function such function could be classified into two:
The function as a night watchman
The paternalistic function
The
function of a night watchman: This is the first major function of a
state, this function sees the state as playing more as a passive
function, for the state facts as a mere overseer. But the state does in
fact in some cases perform more active function on good moral grounds
than a more overseers, bearing in mind the modern challenges of a state
such as economic, education and technological development and a
situation where the general welfare of the citizens is used as a
surrogate for measuring a good state. Robert Norzick conceives of the
state in terms of a minimal function of the night watchman. In this
case, the state performs the limited functions of preventing theft,
fraud promotion of the enforcement of contracts and agreement guards
against the use of force7.
The paternalistic functions: By this
function the state can make demands of affirmative action or restraint
forms its members. The father should be seen to promise a positive role
and in the sense of what the law does by prohibition in terms of
negative ends. This involves the choice of actions for citizens in bid
to promote their welfare and happiness.
This paternalistic function
is a way of providing the positive aspects of liberties for citizens by
way of social services such as school, good roads, hospitals, water,
electricity to mention a few. To achieve these aims for example, the
state might be seen by haven to impose taxation which might be seen by
the people as interference. The paternalistic upon which mind and
character may develop them selves. Similarly, the state is to maintain
order, peace and security for its citizens, therefore creating a good
habitat or environment for them to actualized their potentialities which
is the only condition by which Aristotle could regard the state as
good. This, the state does by providing for the law enforcement agent to
prevent violence that might obviate a peaceful atmosphere.
The state
through those involvement punishes offenders in order to maintain
social equilibrium. In the process rights and liberties are safeguard
which is necessary for the well being of all, but at the same time, a
violation of the natural tendencies are being put under check.
It
could be observed that the function of the state is not basically to
build individual character but rather the group character, the state is
concerned with the general good of all in the society, this is the basic
aim of the state and the individual character as member of such a
group. This individual character also graduate into group character.
With
definition and origin of state as a basis, it becomes imperative to
progress in the next chapter by explaining the concepts of rights
liberties as basis that would logically need the states encroachment.
REFERENCES AND NOTES
J.J.
Rousseau The Social Contract and Discourse Translated and With
Introduction by G.O.H. Cole (London : Dent and sons Ltd, 1973), p.165.
S.I Ben and R.S Peters Social Principles and Democratic state. (London: Hampshire pub. 1984), p.252.
The Bible, (RSV) Rom. B vs 1-2.
D.Hume Essay of The Origin of Government (Middlesex : Penguin Books, 1969), p.89.
E. Junks A History of Politics. (London : Jonathan Cape pub. 1971), p.72.
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