His ideas were expressed in the form of practical principles, not in abstract generalities. A government that "governs least" leaves too many questions unanswered.
What is least? Less government requires some kind of rational guideline more than just that indefinite statement. Jefferson did not express a belief in limited government as an arbitrary generality; rather, he frequently referred to principles whose effect would be the limitation of government within proper bounds.
For example, he believed that government should be shaped by the will of the people. As he wrote:. Morris, In other words, there is no indication that his theories of the scope of government were formed apart from its necessary function founded on the will of the people.
It will be perpetually tampering with private interests, and sending forth seeds of corruption which will result in the demoralization of the society. Its domestic action should be confined to the administration of justice, for the protection of the natural equal rights of the citizen and the preservation of social order. The natural laws which will establish themselves and find their own level are the best laws.
The same hand was the Author of the moral, as of the physical world; and we feel clear and strong in the assurance that we cannot err in trusting, in the former, to the same fundamental principles of spontaneous action and self-regulation which produce the beautiful order of the latter. Reprinted from the Washington Post. Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy.
Please, enable JavaScript and reload the page to enjoy our modern features. This work is licensed under a Creative Commons Attribution 4. Please do not edit the piece, ensure that you attribute the author and mention that this article was originally published on FEE. Latest Stories. Thoreau was referring to the phrase as an existing motto and suggesting a revision to it that goes considerably further. Eugene Volokh. Governance Thoreau Interventionism.
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