The problem of the sphere of State activity or of the limits of political control has two sides, negative and positive, i.e., what the State should do and what it should not do. Although no finality in theory or views of the functions of the: State is found among various writers and politicians, we shall define the limits of State-activity as suggested by them, in both theory and practice.
Things which the State should not do
Freedom of Opinion.
The State should not control the expression of opinion, whether it is acceptable to it or not. The main purpose of the State is to develop the personality of its citizens. It can be attained when they have the freedom to think and express their opinions. Freedom of opinion is obviously the first thing which shall be outside the sphere of State control. Only such expression of opinion can be controlled by the State which incites others to break law, disturbs public peace or is a malicious slander and libel. But so long as a citizen obeys laws, he should be free to criticise a law to his hart’s content and agitate for its repeal or modification. Censorship by the State is not justifiable because, as Maclver says, ’it treats men as though they were children.”
Religion and Morality.
The State should not prescribe religion or morality. Religion arises really from the sentiments or hearts of the people, where the hand of the State cannot reach. Similarly, morality is a matter of conscience, or inner voice of a man which cannot be dictated by the power of the State Law or the power of the State cannot enforce moral principles as legal commands. It often happens that what is morally good may not be legally enforceable. Moreover, morality develops when one’s conscience is free to act. The moment the State makes a moral rule legally binding, its true spirit vanishes and it becomes a matter of outward observance.
Customs and fashions.
The State cannot directly create customs and fashions. They arise unconsciously among the people. Nevertheless, the State should endeavour to suppress evil customs, child marriage, because they have deleterious effects upon the social life of the nation and cause degeneration and demoralisation of the people.
Culture.
Like the customs and fashion, culture is also an unconscious evolution of popular mind. It is an expression of the spirit of the people or of an age. The State cannot produce it. No law of the State can dictate it. Yet the State can influence its development and diffusion.