第 24 节
作者:热带雨淋      更新:2021-02-20 05:16      字数:9321
  who from personal ties are dependent on him for their comfort。 Whoever
  fails in the consideration generally due to the interests and feelings
  of others; not being compelled by some more imperative duty; or
  justified by allowable self…preference; is a subject of moral
  disapprobation for that failure; but not for the cause of it; nor
  for the errors; merely personal to himself; which may have remotely
  led to it。 In like manner; when a person disables himself; by
  conduct purely self…regarding; from the performance of some definite
  duty incumbent on him to the public; he is guilty of a social offence。
  No person ought to be punished simply for being drunk; but a soldier
  or a policeman should be punished for being drunk on duty。 Whenever;
  in short; there is a definite damage; or a definite risk of damage;
  either to an individual or to the public; the case is taken out of the
  province of liberty; and placed in that of morality or law。
  But with regard to the merely contingent; or; as it may be called;
  constructive injury which a person causes to society; by conduct which
  neither violates any specific duty to the public; nor occasions
  perceptible hurt to any assignable individual except himself; the
  inconvenience is one which society can afford to bear; for the sake of
  the greater good of human freedom。 If grown persons are to be punished
  for not taking proper care of themselves; I would rather it were for
  their own sake; than under pretence of preventing them from
  impairing their capacity or rendering to society benefits which
  society does not pretend it has a right to exact。 But I cannot consent
  to argue the point as if society had no means of bringing its weaker
  members up to its ordinary standard of rational conduct; except
  waiting till they do something irrational; and then punishing them;
  legally or morally; for it。 Society has had absolute power over them
  during all the early portion of their existence: it has had the
  whole period of childhood and nonage in which to try whether it
  could make them capable of rational conduct in life。 The existing
  generation is master both of the training and the entire circumstances
  of the generation to come; it cannot indeed make them perfectly wise
  and good; because it is itself so lamentably deficient in goodness and
  wisdom; and its best efforts are not always; in individual cases;
  its most successful ones; but it is perfectly well able to make the
  rising generation; as a whole; as good as; and a little better than;
  itself。 If society lets any considerable number of its members grow up
  mere children; incapable of being acted on by rational consideration
  of distant motives; society has itself to blame for the
  consequences。 Armed not only with all the powers of education; but
  with the ascendency which the authority of a received opinion always
  exercises over the minds who are least fitted to judge for themselves;
  and aided by the natural penalties which cannot be prevented from
  falling on those who incur the distaste or the contempt of those who
  know them; let not society pretend that it needs; besides all this;
  the power to issue commands and enforce obedience in the personal
  concerns of individuals; in which; on all principles of justice and
  policy; the decision ought to rest with those who are to abide the
  consequences。
  Nor is there anything which tends more to discredit and frustrate
  the better means of influencing conduct than a resort to the worse。 If
  there be among those whom it is attempted to coerce into prudence or
  temperance any of the material of which vigorous and independent
  characters are made; they will infallibly rebel against the yoke。 No
  such person will ever feel that others have a right to control him
  in his concerns; such as they have to prevent him from injuring them
  in theirs; and it easily comes to be considered a mark of spirit and
  courage to fly in the face of such usurped authority; and do with
  ostentation the exact opposite of what it enjoins; as in the fashion
  of grossness which succeeded; in the time of Charles II。; to the
  fanatical moral intolerance of the Puritans。 With respect to what is
  said of the necessity of protecting society from the bad example set
  to others by the vicious or the self…indulgent; it is true that bad
  example may have a pernicious effect; especially the example of
  doing wrong to others with impunity to the wrong…doer。 But we are
  now speaking of conduct which; while it does no wrong to others; is
  supposed to do great harm to the agent himself: and I do not see how
  those who believe this can think otherwise than that the example; on
  the whole; must be more salutary than hurtful; since; if it displays
  the misconduct; it displays also the painful or degrading consequences
  which; if the conduct is justly censured; must be supposed to be in
  all or most cases attendant on it。
  But the strongest of all the arguments against the interference of
  the public with purely personal conduct is that; when it does
  interfere; the odds are that it interferes wrongly; and in the wrong
  place。 On questions of social morality; of duty to others; the opinion
  of the public; that is; of an overruling majority; though of wrong; is
  likely to be still oftener right; because on such questions they are
  only required to judge of their own interests; of the manner in
  which some mode of conduct; if allowed to be practised; would effect
  themselves。 But the opinion of a similar majority; imposed as a law on
  the minority; on questions of self…regarding conduct; is quite as
  likely to be wrong as right; for in these cases public opinion
  means; at the best; some people's opinion of what is good or bad for
  other people; while very of it does not even mean that; the public;
  with the most perfect indifference; passing over the pleasure or
  convenience of those whose conduct they censure; and considering
  only their own preference。 There are many who consider as an injury to
  themselves any conduct which they have a distaste for; and resent it
  as an outrage to their feelings; as a religious bigot; when charged
  with disregarding the religious feelings of others; has been known
  to retort that they disregard his feelings; by persisting in their
  abominable worship or creed。 But there is no parity between the
  feeling of a person for his own opinion; and the feeling of another
  who is offended at his holding it; no more than between the desire
  of a thief to take a purse; and the desire of the right owner to
  keep it。 And a person's taste is as much his own peculiar concern as
  his opinion or his purse。 It is easy for any one to imagine an ideal
  public which leaves the freedom and choice of individuals in all
  uncertain matters undisturbed; and only requires them to abstain
  from modes of conduct which universal experience has condemned。 But
  where has there been seen a public which set any such limit to its
  censorship? or when does the public trouble itself about universal
  experience? In its interferences with personal conduct it is seldom
  thinking of anything but the enormity of acting or feeling differently
  from itself; and this standard of judgment; thinly disguised; is
  held up to mankind as the dictate of religion and philosophy; by
  nine…tenths of all moralists and speculative writers。 These teach that
  things are right because they are right; because we feel them to be
  so。 They tell us to search in our own minds and hearts for laws of
  conduct binding on ourselves and on all others。 What can the poor
  public do but apply these instructions; and make their own personal
  feelings of good and evil; if they are tolerably unanimous in them;
  obligatory on all the world?
  The evil here pointed out is not one which exists only in theory;
  and it may perhaps be expected that I should specify the instances
  in which the public of this age and country improperly invests its own
  preferences with the character of moral laws。 I am not writing an
  essay on the aberrations of existing moral feeling。 That is too
  weighty a subject to be discussed parenthetically; and by way of
  illustration。 Yet examples are necessary to show that the principle
  I maintain is of serious and practical moment; and that I am not
  endeavouring to erect a barrier against imaginary evils。 And it is not
  difficult to show; by abundant instances; that to extend the bounds of
  what may be called moral police; until it encroaches on the most
  unquestionably legitimate liberty of the individual; is one of the
  most universal of all human propensities。
  As a first instance; consider the antipathies which men cherish on
  no better grounds than that persons whose religious opinions are
  different from theirs do not practise