Government services face challenge only on scope, not propriety, when private supply fails

Evidence

When this second question can be answered with a clear negative, the propriety of providing the service is likely to be unchallenged. Controversy then will turn on issues of the scope and quality of the service, with the outcome depending upon appraisal of benefits in In the case of public education, the need and the benefits are so plain that we have the rare phenomenon of people being coerced into accept- ing what the government offers. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 858

Categorization

  • XREF: connects to: Direct government action governs its own employees through management, not law’s distinctive means — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 848; Government insurance programs arise only where private supply has failed — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1885

Broader Connections