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第33章

on liberty-第33章

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interest; however; of these dealers in promoting intemperance is a



real evil; and justifies the State in imposing restrictions and



requiring guarantees which; but for that justification; would be



infringements of legitimate liberty。



  A further question is; whether the State; while it permits; should



nevertheless indirectly discourage conduct which it deems contrary



to the best interests of the agent; whether; for example; it should



take measures to render the means of drunkenness more costly; or add



to the difficulty of procuring them by limiting the number of the



places of sale。 On this as on most other practical questions; many



distinctions require to be made。 To tax stimulants for the sole



purpose of making them more difficult to be obtained; is a measure



differing only in degree from their entire prohibition; and would be



justifiable only if that were justifiable。 Every increase of cost is a



prohibition; to those whose means do not come up to the augmented



price; and to those who do; it is a penalty laid on them for



gratifying a particular taste。 Their choice of pleasures; and their



mode of expending their income; after satisfying their legal and moral



obligations to the State and to individuals; are their own concern;



and must rest with their own judgment。 These considerations may seem



at first sight to condemn the selection of stimulants as special



subjects of taxation for purposes of revenue。 But it must be



remembered that taxation for fiscal purposes is absolutely inevitable;



that in most countries it is necessary that a considerable part of



that taxation should be indirect; that the State; therefore; cannot



help imposing penalties; which to some persons may be prohibitory;



on the use of some articles of consumption。 It is hence the duty of



the State to consider; in the imposition of taxes; what commodities



the consumers can best spare; and a fortiori; to select in



preference those of which it deems the use; beyond a very moderate



quantity; to be positively injurious。 Taxation; therefore; of



stimulants; up to the point which produces the largest amount of



revenue (supposing that the State needs all the revenue which it



yields) is not only admissible; but to be approved of。



  The question of making the sale of these commodities a more or



less exclusive privilege; must be answered differently; according to



the purposes to which the restriction is intended to be subservient。



All places of public resort require the restraint of a police; and



places of this kind peculiarly; because offences against society are



especially apt to originate there。 It is; therefore; fit to confine



the power of selling these commodities (at least for consumption on



the spot) to persons of known or vouched…for respectability of



conduct; to make such regulations respecting hours of opening and



closing as may be requisite for public surveillance; and to withdraw



the licence if breaches of the peace repeatedly take place through the



connivance or incapacity of the keeper of the house; or if it



becomes a rendezvous for concocting and preparing offences against the



law。 Any further restriction I do not conceive to be; in principle;



justifiable。 The limitation in number; for instance; of beer and



spirit houses; for the express purpose of rendering them more



difficult of access; and diminishing the occasions of temptation;



not only exposes all to an inconvenience because there are some by



whom the facility would be abused; but is suited only to a state of



society in which the labouring classes are avowedly treated as



children or savages; and placed under an education of restraint; to



fit them for future admission to the privileges of freedom。 This is



not the principle on which the labouring classes are professedly



governed in any free country; and no person who sets due value on



freedom will give his adhesion to their being so governed; unless



after all efforts have been exhausted to educate them for freedom



and govern them as freemen; and it has been definitively proved that



they can only be governed as children。 The bare statement of the



alternative shows the absurdity of supposing that such efforts have



been made in any case which needs be considered here。 It is only



because the institutions of this country are a mass of



inconsistencies; that things find admittance into our practice which



belong to the system of despotic; or what is called paternal;



government; while the general freedom of our institutions precludes



the exercise of the amount of control necessary to render the



restraint of any real efficacy as a moral education。



  It was pointed out in an early part of this Essay; that the



liberty of the individual; in things wherein the individual is alone



concerned; implies a corresponding liberty in any number of



individuals to regulate by mutual agreement such things as regard them



jointly; and regard no persons but themselves。 This question



presents no difficulty; so long as the will of all the persons



implicated remains unaltered; but since that will may change; it is



often necessary; even in things in which they alone are concerned;



that they should enter into engagements with one another; and when



they do; it is fit; as a general rule; that those engagements should



be kept。 Yet; in the laws; probably; of every country; this general



rule has some exceptions。 Not only persons are not held to engagements



which violate the rights of third parties; but it is sometimes



considered a sufficient reason for releasing them from an



engagement; that it is injurious to themselves。 In this and most other



civilised countries; for example; an engagement by which a person



should sell himself; or allow himself to be sold; as a slave; would be



null and void; neither enforced by law nor by opinion。 The ground



for thus limiting his power of voluntarily disposing of his own lot in



life; is apparent; and is very clearly seen in this extreme case。



The reason for not interfering; unless for the sake of others; with



a person's voluntary acts; is consideration for his liberty。 His



voluntary choice is evidence that what he so chooses is desirable;



or at least endurable; to him; and his good is on the whole best



provided for by allowing him to take his own means of pursuing it。 But



by selling himself for a slave; be abdicates his liberty; he



foregoes any future use of it beyond that single act。 He therefore



defeats; in his own case; the very purpose which is the



justification of allowing him to dispose of himself。 He is no longer



free; but is thenceforth in a position which has no longer the



presumption in its favour; that would be afforded by his voluntarily



remaining in it。 The principle of freedom cannot require that he



should be free not to be free。 It is not freedom to be allowed to



alienate his freedom。 These reasons; the force of which is so



conspicuous in this peculiar case; are evidently of far wider



application; yet a limit is everywhere set to them by the



necessities of life; which continually require; not indeed that we



should resign our freedom; but that we should consent to this and



the other limitation of it。 The principle; however; which demands



uncontrolled freedom of action in all that concerns only the agents



themselves; requires that those who have become bound to one



another; in things which concern no third party; should be able to



release one another from the engagement: and even without such



voluntary release there are perhaps no contracts or engagements;



except those that relate to money or money's worth; of which one can



venture to say that there ought to be no liberty whatever of



retractation。



  Baron Wilhelm von Humboldt; in the excellent essay from which I have



already

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