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28 Harv. L. Rev. 343 (1914-1915)
Interests of Personality

handle is hein.journals/hlr28 and id is 383 raw text is: HARVARD LAW REVIEW VOL. XXVIII FEBRUARY, 1915 No. 4 INTERESTS OF PERSONALITY I. INTERESTS ' A LEGAL system attains its end by recognizing certain in- terests,- individual, public, and social,- by defining the lints within which these interests shall be recognized legally and given effect through the force of the state, and by endeavoring to secure the interests so recognized within the defined limits. It does not create these interests. There is so much truth in the old theories of natural rights. Undoubtedly the progress of society and the development of government increase the demands which individuals may make, and so increase the number and variety of these interests.2 But they arise, apart from the law, through NoTE. The substance of this paper will appear in Chapter IX of a book entitlcd Sociological jurisprudence, now in preparation. 1 Ritchie, Natural Rights; Spencer, justice, chs. 9-18; Paulsen, Ethics (Thilly's trans.), 633-637; Green, Principles of Political Obligation, §§ 3o-3i; Lorimer, Institutes of Law, ch. 7; Demogue, Notions fondamentales du droit priv6, 4o5-443; Ahrens, Cours de droit naturel, 8 ed., II, §§ 43-88; Hegel, Grundlinien der Philos- ophie des Rechts, §§ 34-io4; Fichte, Grundlage des Naturrechts, §§ i8, ig, Erster Afihang, §§ i-6i (Kroeger's trans., 298-343, 391-469); Beaussire, Les principes du droit, bk. 1Il; Lasson, System der Rechtsphilosophie, §§ 48-56; Boistel, Philosophie du droit, I, §§ 96-241; Kohler, Lehrbuch der Rechtsphilosophie, 91-142; Miraglia, Comparative Legal Philosophy (Lisle's Trans.), bk. EI, chs. I, 2. 2 A man's rights multiply as his opportunities and capacities develop.... The more civilized the nation, the richer he is in rights. Miraglia, Comparative Legal Philosophy (Lisle's trans.), 324. The idea here is that interests, - that is, demands of the individual, - increase with increasing civilization, and hence the

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