The security of citizens in a society depends chiefly on transferring to the State all private pursuit of redress. With this transfer the State acquires the duty of giving to the citizens what they may no longer obtain for themselves, and hence of judging disputed cases and of protecting the successful litigant in his rights.

In so doing the State merely disinterestedly takes the place of the citizens. For security is never really violated when the man who is wronged is willing, or has reasons, to waive his right of redress; but only when he who suffers, or believes himself to suffer, wrong, will not patiently put up with it. Indeed, if ignorance or indolence should bring men to neglect their personal rights, the State should not interfere on its own account. It has sufficiently done its duty if it has not encouraged such errors by obscure and complicated laws, or by some which have not been properly made known. These considerations also apply to all means adopted by the State to solve the exact question of right in cases where redress is sought. That is, it must not advance a single step further in its investigation into the true nature of the case, than the parties concerned require.