第 3 节
作者:热带雨淋      更新:2021-02-20 05:16      字数:9322
  individual here and there; is that of religious belief: a case
  instructive in many ways; and not least so as forming a most
  striking instance of the fallibility of what is called the moral
  sense: for the odium theologicum; in a sincere bigot; is one of the
  most unequivocal cases of moral feeling。 Those who first broke the
  yoke of what called itself the Universal Church; were in general as
  little willing to permit difference of religious opinion as that
  church itself。 But when the heat of the conflict was over; without
  giving a complete victory to any party; and each church or sect was
  reduced to limit its hopes to retaining possession of the ground it
  already occupied; minorities; seeing that they had no chance of
  becoming majorities; were under the necessity of pleading to those
  whom they could not convert; for permission to differ。 It is
  accordingly on this battle field; almost solely; that the rights of
  the individual against society have been asserted on broad grounds
  of principle; and the claim of society to exercise authority over
  dissentients openly controverted。 The great writers to whom the
  world owes what religious liberty it possesses; have mostly asserted
  freedom of conscience as an indefeasible right; and denied
  absolutely that a human being is accountable to others for his
  religious belief。 Yet so natural to mankind is intolerance in whatever
  they really care about; that religious freedom has hardly anywhere
  been practically realised; except where religious indifference;
  which dislikes to have its peace disturbed by theological quarrels;
  has added its weight to the scale。 In the minds of almost all
  religious persons; even in the most tolerant countries; the duty of
  toleration is admitted with tacit reserves。 One person will bear
  with dissent in matters of church government; but not of dogma;
  another can tolerate everybody; short of a Papist or a Unitarian;
  another every one who believes in revealed religion; a few extend
  their charity a little further; but stop at the belief in a God and in
  a future state。 Wherever the sentiment of the majority is still
  genuine and intense; it is found to have abated little of its claim to
  be obeyed。
  In England; from the peculiar circumstances of our political
  history; though the yoke of opinion is perhaps heavier; that of law is
  lighter; than in most other countries of Europe; and there is
  considerable jealousy of direct interference; by the legislative or
  the executive power; with private conduct; not so much from any just
  regard for the independence of the individual; as from the still
  subsisting habit of looking on the government as representing an
  opposite interest to the public。 The majority have not yet learnt to
  feel the power of the government their power; or its opinions their
  opinions。 When they do so; individual liberty will probably be as much
  exposed to invasion from the government; as it already is from
  public opinion。 But; as yet; there is a considerable amount of feeling
  ready to be called forth against any attempt of the law to control
  individuals in things in which they have not hitherto been
  accustomed to be controlled by it; and this with very little
  discrimination as to whether the matter is; or is not; within the
  legitimate sphere of legal control; insomuch that the feeling;
  highly salutary on the whole; is perhaps quite as often misplaced as
  well grounded in the particular instances of its application。 There
  is; in fact; no recognised principle by which the propriety or
  impropriety of government interference is customarily tested。 People
  decide according to their personal preferences。 Some; whenever they
  see any good to be done; or evil to be remedied; would willingly
  instigate the government to undertake the business; while others
  prefer to bear almost any amount of social evil; rather than add one
  to the departments of human interests amenable to governmental
  control。 And men range themselves on one or the other side in any
  particular case; according to this general direction of their
  sentiments; or according to the degree of interest which they feel
  in the particular thing which it is proposed that the government
  should do; or according to the belief they entertain that the
  government would; or would not; do it in the manner they prefer; but
  very rarely on account of any opinion to which they consistently
  adhere; as to what things are fit to be done by a government。 And it
  seems to me that in consequence of this absence of rule or
  principle; one side is at present as of wrong as the other; the
  interference of government is; with about equal frequency;
  improperly invoked and improperly condemned。
  The object of this Essay is to assert one very simple principle;
  as entitled to govern absolutely the dealings of society with the
  individual in the way of compulsion and control; whether the means
  used be physical force in the form of legal penalties; or the moral
  coercion of public opinion。 That principle is; that the sole end for
  which mankind are warranted; individually or collectively; in
  interfering with the liberty of action of any of their number; is
  self…protection。 That the only purpose for which power can be
  rightfully exercised over any member of a civilised community; against
  his will; is to prevent harm to others。 His own good; either
  physical or moral; is not a sufficient warrant。 He cannot rightfully
  be compelled to do or forbear because it will be better for him to
  do so; because it will make him happier; because; in the opinions of
  others; to do so would be wise; or even right。 These are good
  reasons for remonstrating with him; or reasoning with him; or
  persuading him; or entreating him; but not for compelling him; or
  visiting him with any evil in case he do otherwise。 To justify that;
  the conduct from which it is desired to deter him must be calculated
  to produce evil to some one else。 The only part of the conduct of
  any one; for which he is amenable to society; is that which concerns
  others。 In the part which merely concerns himself; his independence
  is; of right; absolute。 Over himself; over his own body and mind;
  the individual is sovereign。
  It is; perhaps; hardly necessary to say that this doctrine is
  meant to apply only to human beings in the maturity of their
  faculties。 We are not speaking of children; or of young persons
  below the age which the law may fix as that of manhood or womanhood。
  Those who are still in a state to require being taken care of by
  others; must be protected against their own actions as well as against
  external injury。 For the same reason; we may leave out of
  consideration those backward states of society in which the race
  itself may be considered as in its nonage。 The early difficulties in
  the way of spontaneous progress are so great; that there is seldom any
  choice of means for overcoming them; and a ruler full of the spirit of
  improvement is warranted in the use of any expedients that will attain
  an end; perhaps otherwise unattainable。 Despotism is a legitimate mode
  of government in dealing with barbarians; provided the end be their
  improvement; and the means justified by actually effecting that end。
  Liberty; as a principle; has no application to any state of things
  anterior to the time when mankind have become capable of being
  improved by free and equal discussion。 Until then; there is nothing
  for them but implicit obedience to an Akbar or a Charlemagne; if
  they are so fortunate as to find one。 But as soon as mankind have
  attained the capacity of being guided to their own improvement by
  conviction or persuasion (a period long since reached in all nations
  with whom we need here concern ourselves); compulsion; either in the
  direct form or in that of pains and penalties for non…compliance; is
  no longer admissible as a means to their own good; and justifiable
  only for the security of others。
  It is proper to state that I forego any advantage which could be
  derived to my argument from the idea of abstract right; as a thing
  independent of utility。 I regard utility as the ultimate appeal on all
  ethical questions; but it must be utility in the largest sense;
  grounded on the permanent interests of a man as a progressive being。
  Those interests; I contend; authorise the subjection of individual
  spontaneity to external control; only in respect to those actions of
  each; which concern the interest of other people。 If any one does an
  act hurtful to others; there is a prima facie case for punishing
  him; by law; or; where legal penalties are not safely applicable; by
  general disapprobation。 There are also many positive acts for the
  benefit of others; which he may rightfully be compell