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第31章

on liberty-第31章

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pain or loss to others; or intercepts a good which they had a



reasonable hope of obtaining。 Such oppositions of interest between



individuals often arise from bad social institutions; but are



unavoidable while those institutions last; and some would be



unavoidable under any institutions。 Whoever succeeds in an overcrowded



profession; or in a competitive examination; whoever is preferred to



another in any contest for an object which both desire; reaps



benefit from the loss of others; from their wasted exertion and



their disappointment。 But it is; by common admission; better for the



general interest of mankind; that persons should pursue their



objects undeterred by this sort of consequences。 In other words;



society admits no right; either legal or moral; in the disappointed



competitors to immunity from this kind of suffering; and feels



called on to interfere; only when means of success have been



employed which it is contrary to the general interest to



permit… namely; fraud or treachery; and force。



  Again; trade is a social act。 Whoever undertakes to sell any



description of goods to the public; does what affects the interest



of other persons; and of society in general; and thus his conduct;



in principle; comes within the jurisdiction of society: accordingly;



it was once held to be the duty of governments; in all cases which



were considered of importance; to fix prices; and regulate the



processes of manufacture。 But it is now recognised; though not till



after a long struggle; that both the cheapness and the good quality of



commodities are most effectually provided for by leaving the producers



and sellers perfectly free; under the sole check of equal freedom to



the buyers for supplying themselves elsewhere。 This is the so…called



doctrine of Free Trade; which rests on grounds different from;



though equally solid with; the principle of individual liberty



asserted in this Essay。 Restrictions on trade; or on production for



purposes of trade; are indeed restraints; and all restraint; qua



restraint; is an evil: but the restraints in question affect only that



part of conduct which society is competent to restrain; and are



wrong solely because they do not really produce the results which it



is desired to produce by them。 As the principle of individual



liberty is not involved in the doctrine of Free Trade; so neither is



it in most of the questions which arise respecting the limits of



that doctrine; as; for example; what amount of public control is



admissible for the prevention of fraud by adulteration; how far



sanitary precautions; or arrangements to protect workpeople employed



in dangerous occupations; should be enforced on employers。 Such



questions involve considerations of liberty; only in so far as leaving



people to themselves is always better; caeteris paribus; than



controlling them: but that they may be legitimately controlled for



these ends is in principle undeniable。 On the other hand; there are



questions relating to interference with trade which are essentially



questions of liberty; such as the Maine Law; already touched upon; the



prohibition of the importation of opium into China; the restriction of



the sale of poisons; all cases; in short; where the object of the



interference is to make it impossible or difficult to obtain a



particular commodity。 These interferences are objectionable; not as



infringements on the liberty of the producer or seller; but on that of



the buyer。



  One of these examples; that of the sale of poisons; opens a new



question; the proper limits of what may be called the functions of



police; how far liberty may legitimately be invaded for the prevention



of crime; or of accident。 It is one of the undisputed functions of



government to take precautions against crime before it has been



committed; as well as to detect and punish it afterwards。 The



preventive function of government; however; is far more liable to be



abused; to the prejudice of liberty; than the punitory function;… for



there is hardly any part of the legitimate freedom of action of a



human being which would not admit of being represented; and fairly



too; as increasing the facilities for some form or other of



delinquency。 Nevertheless; if a public authority; or even a private



person; sees any one evidently preparing to commit a crime; they are



not bound to look on inactive until the crime is committed; but may



interfere to prevent it。 If poisons were never bought or used for



any purpose except the commission of murder it would be right to



prohibit their manufacture and sale。 They may; however; be wanted



not only for innocent but for useful purposes; and restrictions cannot



be imposed in the one case without operating in the other。 Again; it



is a proper office of public authority to guard against accidents。



If either a public officer or any one else saw a person attempting



to cross a bridge which had been ascertained to be unsafe; and there



were no time to warn him of his danger; they might seize him and



turn him back; without any real infringement of his liberty; for



liberty consists in doing what one desires; and he does not desire



to fall into the river。 Nevertheless; when there is not a certainty;



but only a danger of mischief; no one but the person himself can judge



of the sufficiency of the motive which may prompt him to incur the



risk: in this case; therefore (unless he is a child; or delirious;



or in some state of excitement or absorption incompatible with the



full use of the reflecting faculty); he ought; I conceive; to be



only warned of the danger; not forcibly prevented from exposing



himself to it。 Similar considerations; applied to such a question as



the sale of poisons; may enable us to decide which among the



possible modes of regulation are or are not contrary to principle。



Such a precaution; for example; as that of labelling the drug with



some word expressive of its dangerous character; may be enforced



without violation of liberty: the buyer cannot wish not to know that



the thing he possesses has poisonous qualities。 But to require in



all cases the certificate of a medical practitioner would make it



sometimes impossible; always expensive; to obtain the article for



legitimate uses。



  The only mode apparent to me; in which difficulties may be thrown in



the way of crime committed through this means; without any



infringement worth taking into account upon the liberty of those who



desire the poisonous substance for other purposes; consists in



providing what; in the apt language of Bentham; is called



〃preappointed evidence。〃 This provision is familiar to every one in



the case of contracts。 It is usual and right that the law; when a



contract is entered into; should require as the condition of its



enforcing performance; that certain formalities should be observed;



such as signatures; attestation of witnesses; and the like; in order



that in case of subsequent dispute there may be evidence to prove that



the contract was really entered into; and that there was nothing in



the circumstances to render it legally invalid: the effect being to



throw great obstacles in the way of fictitious contracts; or contracts



made in circumstances which; if known; would destroy their validity。



Precautions of a similar nature might be enforced in the sale of



articles adapted to be instruments of crime。 The seller; for



example; might be required to enter in a register the exact time of



the transaction; the name and address of the buyer; the precise



quality and quantity sold; to ask the purpose for which it was wanted;



and record the answer he received。 When there was no medical



prescription; the presence of some third person might be required;



to bring home the fact to the purchaser; in case there sho

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