A fourth mark of the public is indicated by the idea that children and
other dependents (such as the insane, the permanently helpless) are
peculiarly its wards. When the parties involved in any transaction are
unequal in status, the relationship is likely to be one-sided, and the
interests of one party to suffer. If the consequences appear serious,
especially if they seem to be irretrievable, the public brings to bear
a weight that will equalize conditions. Legislatures are more ready to
regulate the hours of labor of children than of adults, of women than
of men. In general, labor legislation is justified against the charge
that it violates liberty of contract on the ground that the economic
resources of the parties to the arrangement are so disparate that
the conditions of a genuine contract are absent; action by the state
is introduced to form a level on which bargaining takes place. Labor
unions often object, however, to such “paternalistic” legislation on
the ground that voluntary combinations to ensure collective bargaining
is better for those concerned than action taken without the active
participation of laborers. The general objection that paternalism tends
to keep those affected by it permanently in the status of children,
without an impetus to help themselves, rests on the same basis.
The difference here is nevertheless not as to the principle that
inequality of status may call for public intervention, but as to the
best means of securing and maintaining equality.
Public-domain text, read in full here on John Shaqi.
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