第 26 节
作者:热带雨淋      更新:2021-02-20 05:16      字数:9321
  general public asserts over people in general。
  But; without dwelling upon supposititious cases; there are; in our
  own day; gross usurpations upon the liberty of private life actually
  practised; and still greater ones threatened with some expectation
  of success; and opinions propounded which assert an unlimited right in
  the public not only to prohibit by law everything which it thinks
  wrong; but; in order to get at what it thinks wrong; to prohibit a
  number of things which it admits to be innocent。
  Under the name of preventing intemperance; the people of one English
  colony; and of nearly half the United States; have been interdicted by
  law from making any use whatever of fermented drinks; except for
  medical purposes: for prohibition of their sale is in fact; as it is
  intended to be; prohibition of their use。 And though the
  impracticability of executing the law has caused its repeal in several
  of the States which had adopted it; including the one from which it
  derives its name; an attempt has notwithstanding been commenced; and
  is prosecuted with considerable zeal by many of the professed
  philanthropists; to agitate for a similar law in this country。 The
  association; or 〃Alliance〃 as it terms itself; which has been formed
  for this purpose; has acquired some notoriety through the publicity
  given to a correspondence between its secretary and one of the very
  few English public men who hold that a politician's opinions ought
  to be founded on principles。 Lord Stanley's share in this
  correspondence is calculated to strengthen the hopes already built
  on him; by those who know how rare such qualities as are manifested in
  some of his public appearances unhappily are among those who figure in
  political life。 The organ of the Alliance; who would 〃deeply deplore
  the recognition of any principle which could be wrested to justify
  bigotry and persecution;〃 undertakes to point out the 〃broad and
  impassable barrier〃 which divides such principles from those of the
  association。 〃All matters relating to thought; opinion; conscience;
  appear to me;〃 he says; 〃to be without the sphere of legislation;
  all pertaining to social act; habit; relation; subject only to a
  discretionary power vested in the State itself; and not in the
  individual; to be within it。〃
  No mention is made of a third class; different from either of these;
  viz。; acts and habits which are not social; but individual; although
  it is to this class; surely; that the act of drinking fermented
  liquors belongs。 Selling fermented liquors; however; is trading; and
  trading is a social act。 But the infringement complained of is not
  on the liberty of the seller; but on that of the buyer and consumer;
  since the State might just as well forbid him to drink wine as
  purposely make it impossible for him to obtain it。 The secretary;
  however; says; 〃I claim; as a citizen; a right to legislate whenever
  my social rights are invaded by the social act of another。〃 And now
  for the definition of these 〃social rights。〃 〃If anything invades my
  social rights; certainly the traffic in strong drink does。 It destroys
  my primary right of security; by constantly creating and stimulating
  social disorder。 It invades my right of equality; by deriving a profit
  from the creation of a misery I am taxed to support。 It impedes my
  right to free moral and intellectual development; by surrounding my
  path with dangers; and by weakening and demoralising society; from
  which I have a right to claim mutual aid and intercourse。〃 A theory of
  〃social rights〃 the like of which probably never before found its way
  into distinct language: being nothing short of this… that it is the
  absolute social right of every individual; that every other individual
  shall act in every respect exactly as he ought; that whosoever fails
  thereof in the smallest particular violates my social right; and
  entitles me to demand from the legislature the removal of the
  grievance。 So monstrous a principle is far more dangerous than any
  single interference with liberty; there is no violation of liberty
  which it would not justify; it acknowledges no right to any freedom
  whatever; except perhaps to that of holding opinions in secret;
  without ever disclosing them: for; the moment an opinion which I
  consider noxious passes any one's lips; it invades all the 〃social
  rights〃 attributed to me by the Alliance。 The doctrine ascribes to all
  mankind a vested interest in each other's moral; intellectual; and
  even physical perfection; to be defined by each claimant according
  to his own standard。
  Another important example of illegitimate interference with the
  rightful liberty of the individual; not simply threatened; but long
  since carried into triumphant effect; is Sabbatarian legislation。
  Without doubt; abstinence on one day in the week; so far as the
  exigencies of life permit; from the usual daily occupation; though
  in no respect religiously binding on any except Jews; is a highly
  beneficial custom。 And inasmuch as this custom cannot be observed
  without a general consent to that effect among the industrious
  classes; therefore; in so far as some persons by working may impose
  the same necessity on others; it may be allowable and right that the
  law should guarantee to each the observance by others of the custom;
  by suspending the greater operations of industry on a particular
  day。 But this justification; grounded on the direct interest which
  others have in each individual's observance of the practice; does
  not apply to the self…chosen occupations in which a person may think
  fit to employ his leisure; nor does it hold good; in the smallest
  degree; for legal restrictions on amusements。 It is true that the
  amusement of some is the day's work of others; but the pleasure; not
  to say the useful recreation; of many; is worth the labour of a few;
  provided the occupation is freely chosen; and can be freely
  resigned。 The operatives are perfectly right in thinking that if all
  worked on Sunday; seven days' work would have to be given for six
  days' wages; but so long as the great mass of employments are
  suspended; the small number who for the enjoyment of others must still
  work; obtain a proportional increase of earnings; and they are not
  obliged to follow those occupations if they prefer leisure to
  emolument。 If a further remedy is sought; it might be found in the
  establishment by custom of a holiday on some other day of the week for
  those particular classes of persons。 The only ground; therefore; on
  which restrictions on Sunday amusements can be defended; must be
  that they are religiously wrong; a motive of legislation which can
  never be too earnestly protested against。 Deorum injuriae Diis
  curae。 It remains to be proved that society or any of its officers
  holds a commission from on high to avenge any supposed offence to
  Omnipotence; which is not also a wrong to our fellow creatures。 The
  notion that it is one man's duty that another should be religious; was
  the foundation of all the religious persecutions ever perpetrated;
  and; if admitted; would fully justify them。 Though the feeling which
  breaks out in the repeated attempts to stop railway travelling on
  Sunday; in the resistance to the opening of Museums; and the like; has
  not the cruelty of the old persecutors; the state of mind indicated by
  it is fundamentally the same。 It is a determination not to tolerate
  others in doing what is permitted by their religion; because it is not
  permitted by the persecutor's religion。 It is a belief that God not
  only abominates the act of the misbeliever; but will not hold us
  guiltless if we leave him unmolested。
  I cannot refrain from adding to these examples of the little account
  commonly made of human liberty; the language of downright
  persecution which breaks out from the press of this country whenever
  it feels called on to notice the remarkable phenomenon of Mormonism。
  Much might be said on the unexpected and instructive fact that an
  alleged new revelation; and a religion founded on it; the product of
  palpable imposture; not even supported by the prestige of
  extraordinary qualities in its founder; is believed by hundreds of
  thousands; and has been made the foundation of a society; in the age
  of newspapers; railways; and the electric telegraph。 What here
  concerns us is; that this religion; like other and better religions;
  has its martyrs: that its prophet and founder was; for his teaching;
  put to death by a mob; that others of its adherents lost their lives
  by the same lawless violence; that they were forcibly expelled; in a
  body; from the country in which they first grew up; while; now that
  they have been chased into a solitary recess in the midst of a desert;