第 29 节
作者:热带雨淋      更新:2021-02-20 05:16      字数:9322
  indeed; a new element of complication is introduced; namely; the
  existence of classes of persons with an interest opposed to what is
  considered as the public weal; and whose mode of living is grounded on
  the counteraction of it。 Ought this to be interfered with; or not?
  Fornication; for example; must be tolerated; and so must gambling; but
  should a person be free to be a pimp; or to keep a gambling…house? The
  case is one of those which lie on the exact boundary line between
  two principles; and it is not at once apparent to which of the two
  it properly belongs。
  There are arguments on both sides。 On the side of toleration it
  may be said that the fact of following anything as an occupation;
  and living or profiting by the practice of it; cannot make that
  criminal which would otherwise be admissible; that the act should
  either be consistently permitted or consistently prohibited; that if
  the principles which we have hitherto defended are true; society has
  no business; as society; to decide anything to be wrong which concerns
  only the individual; that it cannot go beyond dissuasion; and that one
  person should be as free to persuade as another to dissuade。 In
  opposition to this it may be contended; that although the public; or
  the State; are not warranted in authoritatively deciding; for purposes
  of repression or punishment; that such or such conduct affecting
  only the interests of the individual is good or bad; they are fully
  justified in assuming; if they regard it as bad; that its being so
  or not is at least a disputable question: That; this being supposed;
  they cannot be acting wrongly in endeavouring to exclude the influence
  of solicitations which are not disinterested; of instigators who
  cannot possibly be impartial… who have a direct personal interest on
  one side; and that side the one which the State believes to be
  wrong; and who confessedly promote it for personal objects only。 There
  can surely; it may be urged; be nothing lost; no sacrifice of good; by
  so ordering matters that persons shall make their election; either
  wisely or foolishly; on their own prompting; as free as possible
  from the arts of persons who stimulate their inclinations for
  interested purposes of their own。 Thus (it may be said) though the
  statutes respecting unlawful games are utterly indefensible… though
  all persons should be free to gamble in their own or each other's
  houses; or in any place of meeting established by their own
  subscriptions; and open only to the members and their visitors… yet
  public gambling…houses should not be permitted。 It is true that the
  prohibition is never effectual; and that; whatever amount of
  tyrannical power may be given to the police; gambling…houses can
  always be maintained under other pretences; but they may be
  compelled to conduct their operations with a certain degree of secrecy
  and mystery; so that nobody knows anything about them but those who
  seek them; and more than this society ought not to aim at。
  There is considerable force in these arguments。 I will not venture
  to decide whether they are sufficient to justify the moral anomaly
  of punishing the accessary; when the principal is (and must be)
  allowed to go free; of fining or imprisoning the procurer; but not the
  fornicator… the gambling…house keeper; but not the gambler。 Still less
  ought the common operations of buying and selling to be interfered
  with on analogous grounds。 Almost every article which is bought and
  sold may be used in excess; and the sellers have a pecuniary
  interest in encouraging that excess; but no argument can be founded on
  this; in favour; for instance; of the Maine Law; because the class
  of dealers in strong drinks; though interested in their abuse; are
  indispensably required for the sake of their legitimate use。 The
  interest; however; of these dealers in promoting intemperance is a
  real evil; and justifies the State in imposing restrictions and
  requiring guarantees which; but for that justification; would be
  infringements of legitimate liberty。
  A further question is; whether the State; while it permits; should
  nevertheless indirectly discourage conduct which it deems contrary
  to the best interests of the agent; whether; for example; it should
  take measures to render the means of drunkenness more costly; or add
  to the difficulty of procuring them by limiting the number of the
  places of sale。 On this as on most other practical questions; many
  distinctions require to be made。 To tax stimulants for the sole
  purpose of making them more difficult to be obtained; is a measure
  differing only in degree from their entire prohibition; and would be
  justifiable only if that were justifiable。 Every increase of cost is a
  prohibition; to those whose means do not come up to the augmented
  price; and to those who do; it is a penalty laid on them for
  gratifying a particular taste。 Their choice of pleasures; and their
  mode of expending their income; after satisfying their legal and moral
  obligations to the State and to individuals; are their own concern;
  and must rest with their own judgment。 These considerations may seem
  at first sight to condemn the selection of stimulants as special
  subjects of taxation for purposes of revenue。 But it must be
  remembered that taxation for fiscal purposes is absolutely inevitable;
  that in most countries it is necessary that a considerable part of
  that taxation should be indirect; that the State; therefore; cannot
  help imposing penalties; which to some persons may be prohibitory;
  on the use of some articles of consumption。 It is hence the duty of
  the State to consider; in the imposition of taxes; what commodities
  the consumers can best spare; and a fortiori; to select in
  preference those of which it deems the use; beyond a very moderate
  quantity; to be positively injurious。 Taxation; therefore; of
  stimulants; up to the point which produces the largest amount of
  revenue (supposing that the State needs all the revenue which it
  yields) is not only admissible; but to be approved of。
  The question of making the sale of these commodities a more or
  less exclusive privilege; must be answered differently; according to
  the purposes to which the restriction is intended to be subservient。
  All places of public resort require the restraint of a police; and
  places of this kind peculiarly; because offences against society are
  especially apt to originate there。 It is; therefore; fit to confine
  the power of selling these commodities (at least for consumption on
  the spot) to persons of known or vouched…for respectability of
  conduct; to make such regulations respecting hours of opening and
  closing as may be requisite for public surveillance; and to withdraw
  the licence if breaches of the peace repeatedly take place through the
  connivance or incapacity of the keeper of the house; or if it
  becomes a rendezvous for concocting and preparing offences against the
  law。 Any further restriction I do not conceive to be; in principle;
  justifiable。 The limitation in number; for instance; of beer and
  spirit houses; for the express purpose of rendering them more
  difficult of access; and diminishing the occasions of temptation;
  not only exposes all to an inconvenience because there are some by
  whom the facility would be abused; but is suited only to a state of
  society in which the labouring classes are avowedly treated as
  children or savages; and placed under an education of restraint; to
  fit them for future admission to the privileges of freedom。 This is
  not the principle on which the labouring classes are professedly
  governed in any free country; and no person who sets due value on
  freedom will give his adhesion to their being so governed; unless
  after all efforts have been exhausted to educate them for freedom
  and govern them as freemen; and it has been definitively proved that
  they can only be governed as children。 The bare statement of the
  alternative shows the absurdity of supposing that such efforts have
  been made in any case which needs be considered here。 It is only
  because the institutions of this country are a mass of
  inconsistencies; that things find admittance into our practice which
  belong to the system of despotic; or what is called paternal;
  government; while the general freedom of our institutions precludes
  the exercise of the amount of control necessary to render the
  restraint of any real efficacy as a moral education。
  It was pointed out in an early part of this Essay; that the
  liberty of the individual; in things wherein the individual is alone
  concerned; implies a corresponding liberty in any number of
  individuals to regulate by mutual agreement such things as regard them
  jointly; and regard no person