The New German Constitution

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First, he may act in his own right provided that he confines himself within the limits of the right in question. Within these rights he is truly sovereign, and the state may not encroach on them to impose any obligation whatsoever. On the other hand, conversely, the state docs not owe any positive service or pledge to the profit of the individual. It must abstain from all interference and allow him free indi- 202 THE GERMAN CONSTITUTION vidual activities. The State owes nothing to the individua...l, who in turn can claim nothing from it.
This doctrine does not appear in the new German Constitu- tion. The Assembly at Weimar has substituted for it a con- ception by virtue of which man, while still, it is true, enjoy- ing a certain number of individual prerogatives, nevertheless must place them at the service of the collectivity. In what- ever concerns liberty properly so-called, property, the means of production, the intellectual development of man, there is found everywhere this dominant idea of the social function of man.


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