There has been a steady tendency for the education of children to be
regarded as properly a state charge in spite of the fact that children
are primarily the care of a family. But the period in which education
is possible to an effective degree is that of childhood; if this time
is not taken advantage of the consequences are irreparable. The neglect
can rarely be made up later. In the degree, then, that a certain
measure of instruction and training is deemed to have significant
consequences for the social body, rules are laid down affecting the
action of parents in relation to their children, and those who are not
parents are taxed--Herbert Spencer to the contrary notwithstanding--to
maintain schools. Again, the consequences of neglect of safeguards in
industries involving machines which are dangerous and those presenting
unhygienic conditions, are so serious and irretrievable that the modern
public has intervened to maintain conditions conducive to safety and
health. Movements which aim at insurance against illness and old-age
under governmental auspices illustrate the same principle. While public
regulation of a minimum wage is still a disputed matter, the argument
in behalf of it appeals to the criterion stated. The argument in effect
is that a living wage is a matter of such serious indirect consequences
to society that it cannot be safely left to the parties directly
concerned, owing to the fact that immediate need may incapacitate one
party to the transaction from effective bargaining.
In what has been said there is no attempt to lay down criteria to be
applied in a predetermined way to ensure just such and such results. We
are not concerned to predict the special forms which state action will
take in the future. We have simply been engaged in pointing out the
marks by which public action as distinct from private is characterized.
Transactions between singular persons and groups bring a public into
being when their indirect consequences--their effects beyond those
immediately engaged in them--are of importance. Vagueness is not
eliminated from the idea of importance. But at least we have pointed
out some of the factors which go to make up importance: namely, the
far-reaching character of consequences, whether in space or time; their
settled, uniform and recurrent nature, and their irreparableness. Each
one of these matters involves questions of degree. There is no sharp
and clear line which draws itself, pointing out beyond peradventure,
like the line left by a receding high tide, just where a public comes
into existence which has interests so significant that they must be
looked after and administered by special agencies, or governmental
officers. Hence there is often room for dispute. The line of
demarcation between actions left to private initiative and management
and those regulated by the state has to be discovered experimentally.
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