Jeniffer electronic book

But whether in
any particular case the state takes sides or remains impartial, it most
assuredly has a positive function to perform on the promises. If it
remains impartial, it simply agrees to abide by the results of natural
selection. If it interferes, it seeks to replace natural with artificial
discrimination. In both cases it authorizes discriminations which in
their effect violate the doctrine of "equal rights." Of course, a
reformer can always claim that any particular measure of reform proposes
merely to restore to the people a "Square Deal"; but that is simply an
easy and thoughtless way of concealing novel purposes under familiar
formulas. Any genuine measure of economic or political reform will, of
course, give certain individuals better opportunities than those they
have been recently enjoying, but it will reach this result only by
depriving other individuals of advantages which they have earned.
Impartiality is the duty of the judge rather than the statesman, of the
courts rather than the government.


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