Freedom, Society, and State - Ludwig von Mises Institute

for prevent ing abuse) that large proportion of its
members who cannot help themselves," Green maintained
that the State ought not always to be seen simply as an
agent for I imiting individual freedom. On the contrary,
it can bea vital and positive force in extending
f r e e d 0 m • The c I ass i c a IIi be r a Is, he rna i n t a i ned, had
only a "one-sided view of the function of laws; the
view viz., that their only business is to prevent
interference with the liberty of the individual."
Cia s sicall i b era 1 ism was i n dee d v111 ua bleinthatit
he I ped to get rid of many" laws which •.. were really
mischievous." But its one-sidedness limited its
usefulness.
Ha v i n g don e its wo r k, the the0 r y now tend s to
become obstructive, because in fact advancing
c i v iIi z a t ion b r i ngs withit moreand morei nterference
with the liberty of the individual
to do as he likes, and this theory affords a
rea son for res i s tin g a I I posit i ve ref 0 r ms ,
all reforms which involve an action of the
state in the way of promoting conditions
favorable to a moral life.(50)
The nega t i ve view of freedom, for example, has as
its corollary the absolute right of contract. But
often the existing economic conditions weight the terms
of the contract against the worker. The result is a
perpetuation of such unnecessary, and therefore inexcusable,
social maladies as poverty and disease. By
I imi t ing such rr freedom, rr or rr ignorant license," the
state may, says Green, actually increase the "general
freedom of its members." Every injury to the health of
the individual is, he argues in his lecture, "Liberal
LegiSlation and Freedom of Contract,"
a public injury. It is an impediment to the
general freedom. to make the best of
ourselves. Society is, therefore, plainly
within its rights when it limits freedom of
contract for the sale of labor, so far as is
done by our laws for the sanitary regulation
of factor i es, workshops, and mines. It is
equally within its right in prohibiting the
1a bo r 0 f women and young persons beyond certain
hours
It is similar for such things as education. Without a
basic education,
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