on liberty-第23部分
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unless we are willing to adopt the logic of persecutors; and to say
that we may persecute others because we are right; and that they
must not persecute us because they are wrong; we must beware of
admitting a principle of which we should resent as a gross injustice
the application to ourselves。
The preceding instances may be objected to; although unreasonably;
as drawn from contingencies impossible among us: opinion; in this
country; not being likely to enforce abstinence from meats; or to
interfere with people for worshipping; and for either marrying or
not marrying; according to their creed or inclination。 The next
example; however; shall be taken from an interference with liberty
which we have by no means passed all danger of。 Wherever the
Puritans have been sufficiently powerful; as in New England; and in
Great Britain at the time of the Commonwealth; they have
endeavoured; with considerable success; to put down all public; and
nearly all private; amusements: especially music; dancing; public
games; or other assemblages for purposes of diversion; and the
theatre。 There are still in this country large bodies of persons by
whose notions of morality and religion these recreations are
condemned; and those persons belonging chiefly to the middle class;
who are the ascendant power in the present social and political
condition of the kingdom; it is by no means impossible that persons of
these sentiments may at some time or other command a majority in
Parliament。 How will the remaining portion of the community like to
have the amusements that shall be permitted to them regulated by the
religious and moral sentiments of the stricter Calvinists and
Methodists? Would they not; with considerable peremptoriness; desire
these intrusively pious members of society to mind their own business?
This is precisely what should be said to every government and every
public; who have the pretension that no person shall enjoy any
pleasure which they think wrong。 But if the principle of the
pretension be admitted; no one can reasonably object to its being
acted on in the sense of the majority; or other preponderating power
in the country; and all persons must be ready to conform to the idea
of a Christian commonwealth; as understood by the early settlers in
New England; if a religious profession similar to theirs should ever
succeed in regaining its lost ground; as religions supposed to be
declining have so often been known to do。
To imagine another contingency; perhaps more likely to be realised
than the one last mentioned。 There is confessedly a strong tendency in
the modern world towards a democratic constitution of society;
accompanied or not by popular political institutions。 It is affirmed
that in the country where this tendency is most completely realised…
where both society and the government are most democratic… the United
States… the feeling of the majority; to whom any appearance of a
more showy or costly style of living than they can hope to rival is
disagreeable; operates as a tolerably effectual sumptuary law; and
that in many parts of the Union it is really difficult for a person
possessing a very large income to find any mode of spending it which
will not incur popular disapprobation。 Though such statements as these
are doubtless much exaggerated as a representation of existing
facts; the state of things they describe is not only a conceivable and
possible; but a probable result of democratic feeling; combined with
the notion that the public has a right to a veto on the manner in
which individuals shall spend their incomes。 We have only further to
suppose a considerable diffusion of Socialist opinions; and it may
become infamous in the eyes of the majority to possess more property
than some very small amount; or any income not earned by manual
labour。 Opinions similar in principle to these already prevail
widely among the artisan class; and weigh oppressively on those who
are amenable to the opinion chiefly of that class; namely; its own
members。 It is known that the bad workmen who form the majority of the
operatives in many branches of industry; are decidedly of opinion that
bad workmen ought to receive the same wages as good; and that no one
ought to be allowed; through piecework or otherwise; to earn by
superior skill or industry more than others can without it。 And they
employ a moral police; which occasionally becomes a physical one; to
deter skilful workmen from receiving; and employers from giving; a
larger remuneration for a more useful service。 If the public have
any jurisdiction over private concerns; I cannot see that these people
are in fault; or that any individual's particular public can be blamed
for asserting the same authority over his individual conduct which the
general public asserts over people in general。
But; without dwelling upon supposititious cases; there are; in our
own day; gross usurpations upon the liberty of private life actually
practised; and still greater ones threatened with some expectation
of success; and opinions propounded which assert an unlimited right in
the public not only to prohibit by law everything which it thinks
wrong; but; in order to get at what it thinks wrong; to prohibit a
number of things which it admits to be innocent。
Under the name of preventing intemperance; the people of one English
colony; and of nearly half the United States; have been interdicted by
law from making any use whatever of fermented drinks; except for
medical purposes: for prohibition of their sale is in fact; as it is
intended to be; prohibition of their use。 And though the
impracticability of executing the law has caused its repeal in several
of the States which had adopted it; including the one from which it
derives its name; an attempt has notwithstanding been commenced; and
is prosecuted with considerable zeal by many of the professed
philanthropists; to agitate for a similar law in this country。 The
association; or 〃Alliance〃 as it terms itself; which has been formed
for this purpose; has acquired some notoriety through the publicity
given to a correspondence between its secretary and one of the very
few English public men who hold that a politician's opinions ought
to be founded on principles。 Lord Stanley's share in this
correspondence is calculated to strengthen the hopes already built
on him; by those who know how rare such qualities as are manifested in
some of his public appearances unhappily are among those who figure in
political life。 The organ of the Alliance; who would 〃deeply deplore
the recognition of any principle which could be wrested to justify
bigotry and persecution;〃 undertakes to point out the 〃broad and
impassable barrier〃 which divides such principles from those of the
association。 〃All matters relating to thought; opinion; conscience;
appear to me;〃 he says; 〃to be without the sphere of legislation;
all pertaining to social act; habit; relation; subject only to a
discretionary power vested in the State itself; and not in the
individual; to be within it。〃
No mention is made of a third class; different from either of these;
viz。; acts and habits which are not social; but individual; although
it is to this class; surely; that the act of drinking fermented
liquors belongs。 Selling fermented liquors; however; is trading; and
trading is a social act。 But the infringement complained of is not
on the liberty of the seller; but on that of the buyer and consumer;
since the State might just as well forbid him to drink wine as
purposely make it impossible for him to obtain it。 The secretary;
however; says; 〃I claim; as a citizen; a right to legislate whenever
my social rights are invaded by the social act of another。〃 And now
for the definition of these 〃social rights。〃 〃If anything invades my
social rights; certainly the traffic in strong drink does。 It destroys
my primary right of security; by constantly creating and stimulating
social disorder。 It invades my right of equality; by deriving a profit
from the creation of a misery I am taxed to support。 It impedes my
right to free moral and intellectual development; by surrounding my
path with dangers; and by weakening and demoralising society; from
which I have a right to claim mutual aid and intercourse。〃 A theory of
〃social rights〃 the like of which probably never before found its way
into distinct language: being nothing short of this… that it is the
absolute social right of every individual; that every other individual
shall act in every respect exactly as he ought; that whosoever fails
thereof in the smallest particular violates my social right; and
entitles me to demand from the legislature the removal of the
grievance。 So monstrous a principle is far more dangerous than any
single interference with liberty; there is no violation of liberty
which it would not justify; it acknowledges no right to any freedom
whatever; except perhaps to that of holding opinions in secret;
without ever disclosing them: for; the moment an opinion which I
consider noxious passes any one's lips; it invades all the 〃social
rights〃 attributed to me by the Alliance。 The doctrine ascribes to all
mankind a vested interest in each other's moral; intellectual; and
even physical perfection; to be defined by each claimant according
to his own standard。
Another important example of illegitimate interference with the
rightful liberty of the individual; not simply threatened; but long
since carried into triumphant effect; is Sabbatarian legislation。
Without doubt; abstinence on one day in the week; so far as the
exigencies of life permit; from the usual daily