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retractation。



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



already quoted�察�states it as his conviction�察�that engagements which



involve personal relations or services should never be legally binding



beyond a limited duration of time�察�and that the most important of



these engagements�察�marriage�察�having the peculiarity that its objects



are frustrated unless the feelings of both the parties are in



harmony with it�察�should require nothing more than the declared will of



either party to dissolve it。 This subject is too important�察�and too



complicated�察�to be discussed in a parenthesis�察�and I touch on it



only so far as is necessary for purposes of illustration。 If the



conciseness and generality of Baron Humboldt's dissertation had not



obliged him in this instance to content himself with enunciating his



conclusion without discussing the premises�察�he would doubtless have



recognised that the question cannot be decided on grounds so simple as



those to which he confines himself。 When a person�察�either by express



promise or by conduct�察�has encouraged another to rely upon his



continuing to act in a certain way´ to build expectations and



calculations�察�and stake any part of his plan of life upon that



supposition´ a new series of moral obligations arises on his part



towards that person�察�which may possibly be overruled�察�but cannot be



ignored。 And again�察�if the relation between two contracting parties



has been followed by consequences to others�察�if it has placed third



parties in any peculiar position�察�or�察�as in the case of marriage��



has even called third parties into existence�察�obligations arise on the



part of both the contracting parties towards those third persons��



the fulfilment of which�察�or at all events the mode of fulfilment�察�must



be greatly affected by the continuance or disruption of the relation



between the original parties to the contract。 It does not follow��



nor can I admit�察�that these obligations extend to requiring the



fulfilment of the contract at all costs to the happiness of the



reluctant party�察�but they are a necessary element in the question�察�and



even if�察�as Von Humboldt maintains�察�they ought to make no difference



in the legal freedom of the parties to release themselves from the



engagement ��and I also hold that they ought not to make much



difference���察�they necessarily make a great difference in the moral



freedom。 A person is bound to take all these circumstances into



account before resolving on a step which may affect such important



interests of others�察�and if he does not allow proper weight to those



interests�察�he is morally responsible for the wrong。 I have made



these obvious remarks for the better illustration of the general



principle of liberty�察�and not because they are at all needed on the



particular question�察�which�察�on the contrary�察�is usually discussed as



if the interest of children was everything�察�and that of grown



persons nothing。



  I have already observed that�察�owing to the absence of any recognised



general principles�察�liberty is often granted where it should be



withheld�察�as well as withheld where it should be granted�察�and one of



the cases in which�察�in the modern European world�察�the sentiment of



liberty is the strongest�察�is a case where�察�in my view�察�it is



altogether misplaced。 A person should be free to do as he likes in his



own concerns�察�but he ought not to be free to do as he likes in



acting for another�察�under the pretext that the affairs of the other



are his own affairs。 The State�察�while it respects the liberty of



each in what specially regards himself�察�is bound to maintain a



vigilant control over his exercise of any power which it allows him to



possess over others。 This obligation is almost entirely disregarded in



the case of the family relations�察�a case�察�in its direct influence on



human happiness�察�more important than all others taken together。 The



almost despotic power of husbands over wives needs not be enlarged



upon here�察�because nothing more is needed for the complete removal



of the evil than that wives should have the same rights�察�and should



receive the protection of law in the same manner�察�as all other



persons�察�and because�察�on this subject�察�the defenders of established



injustice do not avail themselves of the plea of liberty�察�but stand



forth openly as the champions of power。 It is in the case of



children that misapplied notions of liberty are a real obstacle to the



fulfilment by the State of its duties。 One would almost think that a



man's children were supposed to be literally�察�and not



metaphorically�察�a part of himself�察�so jealous is opinion of the



smallest interference of law with his absolute and exclusive control



over them�察�more jealous than of almost any interference with his own



freedom of action�此�so much less do the generality of mankind value



liberty than power。 Consider�察�for example�察�the case of education。 Is



it not almost a self´evident axiom�察�that the State should require



and compel the education�察�up to a certain standard�察�of every human



being who is born its citizen�拭�Yet who is there that is not afraid



to recognise and assert this truth�拭�Hardly any one indeed will deny



that it is one of the most sacred duties of the parents ��or�察�as law



and usage now stand�察�the father���察�after summoning a human being into



the world�察�to give to that being an education fitting him to perform



his part well in life towards others and towards himself。 But while



this is unanimously declared to be the father's duty�察�scarcely



anybody�察�in this country�察�will bear to hear of obliging him to perform



it。 Instead of his being required to make any exertion or sacrifice



for securing education to his child�察�it is left to his choice to



accept it or not when it is provided gratis� �It still remains



unrecognised�察�that to bring a child into existence without a fair



prospect of being able�察�not only to provide food for its body�察�but



instruction and training for its mind�察�is a moral crime�察�both



against the unfortunate offspring and against society�察�and that if the



parent does not fulfil this obligation�察�the State ought to see it



fulfilled�察�at the charge�察�as far as possible�察�of the parent。



  Were the duty of enforcing universal education once admitted there



would be an end to the difficulties about what the State should teach��



and how it should teach�察�which now convert the subject into a mere



battlefield for sects and parties�察�causing the time and labour which



should have been spent in educating to be wasted in quarreling about



education。 If the government would make up its mind to require for



every child a good education�察�it might save itself the trouble of



providing one。 It might leave to parents to obtain the education where



and how they pleased�察�and content itself with helping to pay the



school fees of the poorer classes of children�察�and defraying the



entire school expenses of those who have no one else to pay for



them。 The objections which are urged with reason against State



education do not apply to the enforcement of education by the State��



but to the State's taking upon itself to direct that education��



which is a totally different thing。 That the whole or any large part



of the education of the people should be in State hands�察�I go as far



as any one in deprecating。 All that has been said of the importance of



individuality of character�察�and diversity in opinions and modes of



conduct�察�involves�察�as of the same unspeakable importance�察�diversity of



education。 A general State education is a mere contrivance for



moulding people to be exactly like one another�此�and as the mould in



which it casts them is that which pleases the predominant power in the



government�察�whether this be a monarch�察�a priesthood�察�an aristocracy��



or the majority of the existing generation�察�in proportion as it is



efficient and successful�察�it establishes a despotism over the mind��



leading by natural tendency to one over the body。 An education



established and controlled by the State should only exist�察�if it exist



at all�察�as one among many competing experiments�察�carried on for the



purpose of example and stimulus�察�to keep the others up to a certain



standard of excellence。 Unless�察�indeed�察�when society in general is



in so backward a state that it could not or would not provide for



itself any proper institutions of education unless the government



undertook the task�此�then�察�indeed�察�the government may�察�as the less of



two great evils�察�take upon itself the business of schools and



universities�察�as it may that of joint stock companies�察�when private



enterprise�察�in a shape fitted for undertaking great works of industry��



does not exist in the country。 But in general�察�if the country contains



a sufficient number of persons qualified to provide education under



government auspices�察�the same persons would be able and willing to



give an equally good education on the voluntary principle�察�under the



assurance of remuneration afforded by a law rendering education



compulsory�察�combined with State aid to those unable to defray the



expense。



  The instrument for enforcing the law could be no other than public



examinations�察�extending to all children�察�and beginning at an early



age。 An age might be fixed at which every child must be examined�察�to



ascertain if he ��or she�� is able to read。 If a child proves unable��



the father�察�unless he has some sufficient ground of excuse�察�might be



subjected to a moderate fine�察�to be worked out�察�if necessary�察�by his



labour�察�and the child might be put to school at his expense。 Once in



every year the examination should be renewed�察�with a gradually



extending range of subjects�察�so as to make the universal



acquisition�察�and what is more�察�retention�察�of a certain minimum of



general knowledge virtually compulsory。 Beyond that minimum there



should be voluntary examinations on all subjects�察�at which all who



come up to a certain standard of proficiency might claim a



certificate。 To prevent the State from exercising�察�through these



arrangements�察�an improper influence over opinion�察�the knowledge



required for passing an examination ��beyond the merely instrumental



parts of knowledge�察�such as languages and their use�� should�察�even in



the higher classes of examinations�察�be confined to facts and



positive science exclusively。 The examinations on religion��



politics�察�or other disputed topics�察�should not turn on the truth or



falsehood of opinions�察�but on the matter of fact that such and such an



opinion is held�察�on such grounds�察�by such authors�察�or schools�察�or



churches。



  Under this system�察�the rising generation would be no worse off in



regard to all disputed truths than they are at present�察�they would



be brou

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