If I make an appointment with a dentist or doctor, the transaction
is primarily between us. It is my health which is affected and his
pocket-book, skill and reputation. But exercise of the professions
has consequences so widespread that the examination and licensing of
persons who practice them becomes a public matter. John Smith buys or
sells real estate. The transaction is effected by himself and some
other person. Land, however, is of prime importance to society, and the
private transaction is hedged about with legal regulations; evidence
of transfer and ownership has to be recorded with a public official in
forms publicly prescribed. The choice of a mate and the act of sexual
union are intimately personal. But the act is the condition of bearing
of offspring who are the means of the perpetuation of the community.
The public interest is manifested in formalities which are necessary
to make a union legal and for its legal termination. Consequences, in
a word, affect large numbers beyond those immediately concerned in
the transaction. It is often thought that in a socialistic state the
formation and dissolution of marriages would cease to have a public
phase. It is possible. But it is also possible that such a state would
be even more alive than is the community at present to the consequences
of the union of man and woman not only upon children but upon its
own well-being and stability. In that case certain regulations would
be relaxed, but there might be imposed stringent rules as to health,
economic capacity and psychologic compatibility as preconditions of
wedlock.
No one can take into account all the consequences of the acts he
performs. It is a matter of necessity for him, as a rule, to limit his
attention and foresight to matters which, as we say, are distinctively
his own business. Any one who looked too far abroad with regard to
the outcome of what he is proposing to do would, if there were no
general rules in existence, soon be lost in a hopelessly complicated
muddle of considerations. The man of most generous outlook has to
draw the line somewhere, and he is forced to draw it in whatever
concerns those closely associated with himself. In the absence of some
objective regulation, effects upon them are all he can be sure of in
any reasonable degree. Much of what is called selfishness is but the
outcome of limitation of observation and imagination. Hence when
consequences concern a large number, a number so mediately involved
that a person cannot readily prefigure how they are to be affected,
that number is constituted a public which intervenes. It is not merely
that the combined observations of a number cover more ground than those
of a single person. It is rather that the public itself, being unable
to forecast and estimate all consequences, establishes certain dikes
and channels so that actions are confined within prescribed limits, and
insofar have moderately predictable consequences.
Public-domain text, read in full here on John Shaqi.
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