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第29章

on liberty-第29章

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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 occupation; though



in no respect religiously binding on any except Jews; is a highly



beneficial custom。 And inasmuch as this custom cannot be observed



without a general consent to that effect among the industrious



classes; therefore; in so far as some persons by working may impose



the same necessity on others; it may be allowable and right that the



law should guarantee to each the observance by others of the custom;



by suspending the greater operations of industry on a particular



day。 But this justification; grounded on the direct interest which



others have in each individual's observance of the practice; does



not apply to the self…chosen occupations in which a person may think



fit to employ his leisure; nor does it hold good; in the smallest



degree; for legal restrictions on amusements。 It is true that the



amusement of some is the day's work of others; but the pleasure; not



to say the useful recreation; of many; is worth the labour of a few;



provided the occupation is freely chosen; and can be freely



resigned。 The operatives are perfectly right in thinking that if all



worked on Sunday; seven days' work would have to be given for six



days' wages; but so long as the great mass of employments are



suspended; the small number who for the enjoyment of others must still



work; obtain a proportional increase of earnings; and they are not



obliged to follow those occupations if they prefer leisure to



emolument。 If a further remedy is sought; it might be found in the



establishment by custom of a holiday on some other day of the week for



those particular classes of persons。 The only ground; therefore; on



which restrictions on Sunday amusements can be defended; must be



that they are religiously wrong; a motive of legislation which can



never be too earnestly protested against。 Deorum injuriae Diis



curae。 It remains to be proved that society or any of its officers



holds a commission from on

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