on liberty-及24嫗
梓囚徒貧圭�鮗� ○ 賜 ★ 辛酔堀貧和鍬匈��梓囚徒貧議 Enter 囚辛指欺云慕朕村匈��梓囚徒貧圭�鮗� ● 辛指欺云匈競何��
!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
the principles which we have hitherto defended are true�察�society has
no business�察�as society�察�to decide anything to be wrong which concerns
only the individual�察�that it cannot go beyond dissuasion�察�and that one
person should be as free to persuade as another to dissuade。 In
opposition to this it may be contended�察�that although the public�察�or
the State�察�are not warranted in authoritatively deciding�察�for purposes
of repression or punishment�察�that such or such conduct affecting
only the interests of the individual is good or bad�察�they are fully
justified in assuming�察�if they regard it as bad�察�that its being so
or not is at least a disputable question�此�That�察�this being supposed��
they cannot be acting wrongly in endeavouring to exclude the influence
of solicitations which are not disinterested�察�of instigators who
cannot possibly be impartial´ who have a direct personal interest on
one side�察�and that side the one which the State believes to be
wrong�察�and who confessedly promote it for personal objects only。 There
can surely�察�it may be urged�察�be nothing lost�察�no sacrifice of good�察�by
so ordering matters that persons shall make their election�察�either
wisely or foolishly�察�on their own prompting�察�as free as possible
from the arts of persons who stimulate their inclinations for
interested purposes of their own。 Thus ��it may be said�� though the
statutes respecting unlawful games are utterly indefensible´ though
all persons should be free to gamble in their own or each other's
houses�察�or in any place of meeting established by their own
subscriptions�察�and open only to the members and their visitors´ yet
public gambling´houses should not be permitted。 It is true that the
prohibition is never effectual�察�and that�察�whatever amount of
tyrannical power may be given to the police�察�gambling´houses can
always be maintained under other pretences�察�but they may be
compelled to conduct their operations with a certain degree of secrecy
and mystery�察�so that nobody knows anything about them but those who
seek them�察�and more than this society ought not to aim at。
There is considerable force in these arguments。 I will not venture
to decide whether they are sufficient to justify the moral anomaly
of punishing the accessary�察�when the principal is ��and must be��
allowed to go free�察�of fining or imprisoning the procurer�察�but not the
fornicator´ the gambling´house keeper�察�but not the gambler。 Still less
ought the common operations of buying and selling to be interfered
with on analogous grounds。 Almost every article which is bought and
sold may be used in excess�察�and the sellers have a pecuniary
interest in encouraging that excess�察�but no argument can be founded on
this�察�in favour�察�for instance�察�of the Maine Law�察�because the class
of dealers in strong drinks�察�though interested in their abuse�察�are
indispensably required for the sake of their legitimate use。 The
interest�察�however�察�of these dealers in promoting intemperance is a
real evil�察�and justifies the State in imposing restrictions and
requiring guarantees which�察�but for that justification�察�would be
infringements of legitimate liberty。
A further question is�察�whether the State�察�while it permits�察�should
nevertheless indirectly discourage conduct which it deems contrary
to the best interests of the agent�察�whether�察�for example�察�it should
take measures to render the means of drunkenness more costly�察�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�察�many
distinctions require to be made。 To tax stimulants for the sole
purpose of making them more difficult to be obtained�察�is a measure
differing only in degree from their entire prohibition�察�and would be
justifiable only if that were justifiable。 Every increase of cost is a
prohibition�察�to those whose means do not come up to the augmented
price�察�and to those who do�察�it is a penalty laid on them for
gratifying a particular taste。 Their choice of pleasures�察�and their
mode of expending their income�察�after satisfying their legal and moral
obligations to the State and to individuals�察�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�察�that the State�察�therefore�察�cannot
help imposing penalties�察�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�察�in the imposition of taxes�察�what commodities
the consumers can best spare�察�and a fortiori�察�to select in
preference those of which it deems the use�察�beyond a very moderate
quantity�察�to be positively injurious。 Taxation�察�therefore�察�of
stimulants�察�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�察�but to be approved of。
The question of making the sale of these commodities a more or
less exclusive privilege�察�must be answered differently�察�according to
the purposes to which the restriction is intended to be subservient。
All places of public resort require the restraint of a police�察�and
places of this kind peculiarly�察�because offences against society are
especially apt to originate there。 It is�察�therefore�察�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�察�to make such regulations respecting hours of opening and
closing as may be requisite for public surveillance�察�and to withdraw
the licence if breaches of the peace repeatedly take place through the
connivance or incapacity of the keeper of the house�察�or if it
becomes a rendezvous for concocting and preparing offences against the
law。 Any further restriction I do not conceive to be�察�in principle��
justifiable。 The limitation in number�察�for instance�察�of beer and
spirit houses�察�for the express purpose of rendering them more
difficult of access�察�and diminishing the occasions of temptation��
not only exposes all to an inconvenience because there are some by
whom the facility would be abused�察�but is suited only to a state of
society in which the labouring classes are avowedly treated as
children or savages�察�and placed under an education of restraint�察�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�察�and no person who sets due value on
freedom will give his adhesion to their being so governed�察�unless
after all efforts have been exhausted to educate them for freedom
and govern them as freemen�察�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�察�that things find admittance into our practice which
belong to the system of despotic�察�or what is called paternal��
government�察�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�察�that the
liberty of the individual�察�in things wherein the individual is alone
concerned�察�implies a corresponding liberty in any number of
individuals to regulate by mutual agreement such things as regard them
jointly�察�and regard no persons but themselves。 This question
presents no difficulty�察�so long as the will of all the persons
implicated remains unaltered�察�but since that will may change�察�it is
often necessary�察�even in things in which they alone are concerned��
that they should enter into engagements with one another�察�and when
they do�察�it is fit�察�as a general rule�察�that those engagements should
be kept。 Yet�察�in the laws�察�probably�察�of every country�察�this general
rule has some exceptions。 Not only persons are not held to engagements
which violate the rights of third parties�察�but it is sometimes
considered a sufficient reason for releasing them from an
engagement�察�that it is injurious to themselves。 In this and most other
civilised countries�察�for example�察�an engagement by which a person
should sell himself�察�or allow himself to be sold�察�as a slave�察�would be
null and void�察�neither enforced by law nor by opinion。 The ground
for thus limiting his power of voluntarily disposing of his own lot in
life�察�is apparent�察�and is very clearly seen in this extreme case。
The reason for not interfering�察�unless for the sake of others�察�with
a person's voluntary acts�察�is consideration for his liberty。 His
voluntary choice is evidence that what he so chooses is desirable��
or at least endurable�察�to him�察�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�察�be abdicates his liberty�察�he
foregoes any future use of it beyond that single act。 He therefore
defeats�察�in his own case�察�the very purpose which is the
justification of allowing him to dispose of himself。 He is no longer
free�察�but is thenceforth in a position which has no longer the
presumption in its favour�察�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�察�the force of which is so
conspicuous in this peculiar case�察�are evidently of far wider
application�察�yet a limit is everywhere set to them by the
necessities of life�察�which continually require�察�not indeed that we
should resign our freedom�察�but that we should consent to this and
the other limitation of it。 The principle�察�however�察�which demands
uncontrolled freedom of action in all that concerns only the agents
themselves�察�requires that those who have become bound to one
another�察�in things which concern no third party�察�should be able to
release one another from the engagement�此�and even without such
voluntary release there are perhaps no contracts or engagements��
except those that relate to money or money's worth�察�of which one can
venture to say that there ought to be no liberty whatever of
retractation。
Baron Wilhelm von Humboldt�察�in the excellent essay from which