第 4 节
作者:热带雨淋      更新:2021-02-20 05:16      字数:9321
  benefit of others; which he may rightfully be compelled to perform;
  such as to give evidence in a court of justice; to bear his fair share
  in the common defence; or in any other joint work necessary to the
  interest of the society of which he enjoys the protection; and to
  perform certain acts of individual beneficence; such as saving a
  fellow creature's life; or interposing to protect the defenceless
  against ill…usage; things which whenever it is obviously a man's
  duty to do; he may rightfully be made responsible to society for not
  doing。 A person may cause evil to others not only by his actions but
  by his inaction; and in either case he is justly accountable to them
  for the injury。 The latter case; it is true; requires a much more
  cautious exercise of compulsion than the former。 To make any one
  answerable for doing evil to others is the rule; to make him
  answerable for not preventing evil is; comparatively speaking; the
  exception。 Yet there are many cases clear enough and grave enough to
  justify that exception。 In all things which regard the external
  relations of the individual; he is de jure amenable to those whose
  interests are concerned; and; if need be; to society as their
  protector。 There are often good reasons for not holding him to the
  responsibility; but these reasons must arise from the special
  expediencies of the case: either because it is a kind of case in which
  he is on the whole likely to act better; when left to his own
  discretion; than when controlled in any way in which society have it
  in their power to control him; or because the attempt to exercise
  control would produce other evils; greater than those which it would
  prevent。 When such reasons as these preclude the enforcement of
  responsibility; the conscience of the agent himself should step into
  the vacant judgment seat; and protect those interests of others
  which have no external protection; judging himself all the more
  rigidly; because the case does not admit of his being made accountable
  to the judgment of his fellow creatures。
  But there is a sphere of action in which society; as distinguished
  from the individual; has; if any; only an indirect interest;
  comprehending all that portion of a person's life and conduct which
  affects only himself; or if it also affects others; only with their
  free; voluntary; and undeceived consent and participation。 When I
  say only himself; I mean directly; and in the first instance; for
  whatever affects himself; may affect others through himself; and the
  objection which may be grounded on this contingency; will receive
  consideration in the sequel。 This; then; is the appropriate region
  of human liberty。 It comprises; first; the inward domain of
  consciousness; demanding liberty of conscience in the most
  comprehensive sense; liberty of thought and feeling; absolute
  freedom of opinion and sentiment on all subjects; practical or
  speculative; scientific; moral; or theological。 The liberty of
  expressing and publishing opinions may seem to fall under a
  different principle; since it belongs to that part of the conduct of
  an individual which concerns other people; but; being almost of as
  much importance as the liberty of thought itself; and resting in great
  part on the same reasons; is practically inseparable from it。
  Secondly; the principle requires liberty of tastes and pursuits; of
  framing the plan of our life to suit our own character; of doing as we
  like; subject to such consequences as may follow: without impediment
  from our fellow creatures; so long as what we do does not harm them;
  even though they should think our conduct foolish; perverse; or wrong。
  Thirdly; from this liberty of each individual; follows the liberty;
  within the same limits; of combination among individuals; freedom to
  unite; for any purpose not involving harm to others: the persons
  combining being supposed to be of full age; and not forced or
  deceived。
  No society in which these liberties are not; on the whole;
  respected; is free; whatever may be its form of government; and none
  is completely free in which they do not exist absolute and
  unqualified。 The only freedom which deserves the name; is that of
  pursuing our own good in our own way; so long as we do not attempt
  to deprive others of theirs; or impede their efforts to obtain it。
  Each is the proper guardian of his own health; whether bodily; or
  mental and spiritual。 Mankind are greater gainers by suffering each
  other to live as seems good to themselves; than by compelling each
  to live as seems good to the rest。
  Though this doctrine is anything but new; and; to some persons;
  may have the air of a truism; there is no doctrine which stands more
  directly opposed to the general tendency of existing opinion and
  practice。 Society has expended fully as much effort in the attempt
  (according to its lights) to compel people to conform to its notions
  of personal as of social excellence。 The ancient commonwealths thought
  themselves entitled to practise; and the ancient philosophers
  countenanced; the regulation of every part of private conduct by
  public authority; on the ground that the State had a deep interest
  in the whole bodily and mental discipline of every one of its
  citizens; a mode of thinking which may have been admissible in small
  republics surrounded by powerful enemies; in constant peril of being
  subverted by foreign attack or internal commotion; and to which even a
  short interval of relaxed energy and self…command might so easily be
  fatal that they could not afford to wait for the salutary permanent
  effects of freedom。 In the modern world; the greater size of political
  communities; and; above all; the separation between spiritual and
  temporal authority (which placed the direction of men's consciences in
  other hands than those which controlled their worldly affairs);
  prevented so great an interference by law in the details of private
  life; but the engines of moral repression have been wielded more
  strenuously against divergence from the reigning opinion in
  self…regarding; than even in social matters; religion; the most
  powerful of the elements which have entered into the formation of
  moral feeling; having almost always been governed either by the
  ambition of a hierarchy; seeking control over every department of
  human conduct; or by the spirit of Puritanism。 And some of those
  modern reformers who have placed themselves in strongest opposition to
  the religions of the past; have been noway behind either churches or
  sects in their assertion of the right of spiritual domination: M。
  Comte; in particular; whose social system; as unfolded in his
  Systeme de Politique Positive; aims at establishing (though by moral
  more than by legal appliances) a despotism of society over the
  individual; surpassing anything contemplated in the political ideal of
  the most rigid disciplinarian among the ancient philosophers。
  Apart from the peculiar tenets of individual thinkers; there is also
  in the world at large an increasing inclination to stretch unduly
  the powers of society over the individual; both by the force of
  opinion and even by that of legislation; and as the tendency of all
  the changes taking place in the world is to strengthen society; and
  diminish the power of the individual; this encroachment is not one
  of the evils which tend spontaneously to disappear; but; on the
  contrary; to grow more and more formidable。 The disposition of
  mankind; whether as rulers or as fellow…citizens; to impose their
  own opinions and inclinations as a rule of conduct on others; is so
  energetically supported by some of the best and by some of the worst
  feelings incident to human nature; that it is hardly ever kept under
  restraint by anything but want of power; and as the power is not
  declining; but growing; unless a strong barrier of moral conviction
  can be raised against the mischief; we must expect; in the present
  circumstances of the world; to see it increase。
  It will be convenient for the argument; if; instead of at once
  entering upon the general thesis; we confine ourselves in the first
  instance to a single branch of it; on which the principle here
  stated is; if not fully; yet to a certain point; recognised by the
  current opinions。 This one branch is the Liberty of Thought: from
  which it is impossible to separate the cognate liberty of speaking and
  of writing。 Although these liberties; to some considerable amount;
  form part of the political morality of all countries which profess
  religious toleration and free institutions; the grounds; both
  philosophical and practical; on which they rest; are perhaps not so
  familiar to the general mind; nor so thoroughly appreciated by many
  even of the leaders