Though society is not founded
on a contract, and though no good purpose
is answered by inventing
a contract in order to deduce social obligations
from it, every one who
receives
the protection of society owes a return for
the benefit, and the fact
of living in society renders it indispensable that
each should be bound to
observe a certain line of conduct towards the
rest. This conduct consists,
first, in not injuring the interests of one another;
or rather certain interests,
which, either by express legal provision or by
tacit understanding, ought
to be considered as rights; and secondly, in
each person's bearing his
share (to be fixed on some equitable principle)
of the labors and sacrifices
incurred for defending the society or its
members from injury and
molestation. These conditions society is justified
in enforcing, at all costs
to those who endeavor to withhold fulfilment. Nor is
this all that society may
do. The acts of an individual may be hurtful to
others, or wanting in due
consideration for their welfare, without going the
length of violating any
of their constituted rights. The offender may then be
justly punished by opinion,
though not by law. As soon as any part of a
person's conduct affects
prejudicially the interests of others, society has
jurisdiction over it, and
the question whether the general welfare will or will
not be promoted by
interfering
with it, becomes open to discussion. But
there is no room for
entertaining
any such question when a person's
conduct affects the
interests
of no persons besides himself, or needs not
affect them unless they
like (all the persons concerned being of full age,
and the ordinary amount
of understanding). In all such cases there should
be perfect freedom, legal
and social, to do the action and stand the
consequences.
It would be a great misunderstanding
of this doctrine, to suppose that it is
one of selfish indifference,
which pretends that human beings have no
business with each other's
conduct in life, and that they should not concern
themselves about the
well-doing
or well-being of one another, unless their
own interest is involved.
Instead of any diminution, there is need of a great
increase of disinterested
exertion to promote the good of others. But
disinterested benevolence
can find other instruments to persuade people
to their good, than whips
and scourges, either of the literal or the
metaphorical sort. I am
the last person to undervalue the self-regarding
virtues; they are only
second
in importance, if even second, to the social. It
is equally the business
of education to cultivate both. But even education
works by conviction and
persuasion as well as by compulsion, and it is by
the former only that, when
the period of education is past, the
self-regarding virtues
should
be inculcated. Human beings owe to each
other help to distinguish
the better from the worse, and encouragement to
choose the former and avoid
the latter. They should be forever stimulating
each other to increased
exercise of their higher faculties, and increased
direction of their feelings
and aims towards wise instead of foolish,
elevating instead of
degrading,
objects and contemplations. But neither
one person, nor any number
of persons, is warranted in saying to another
human creature of ripe
years,
that he shall not do with his life for his own
benefit what he chooses
to do with it. He is the person most interested in
his own well-being, the
interest which any other person, except in cases of
strong personal attachment,
can have in it, is trifling, compared with that
which he himself has; the
interest which society has in him individually
(except as to his conduct
to others) is fractional, and altogether indirect:
while, with respect to his
own feelings and circumstances, the most
ordinary man or woman has
means of knowledge immeasurably
surpassing those that can
be possessed by any one else. The interference
of society to overrule his
judgment and purposes in what only regards
himself, must be grounded
on general presumptions; which may be
altogether wrong, and even
if right, are as likely as not to be misapplied to
individual cases, by persons
no better acquainted with the circumstances
of such cases than those
are who look at them merely from without. In this
department, therefore, of
human affairs, Individuality has its proper field of
action. In the conduct of
human beings towards one another, it is
necessary that general rules
should for the most part be observed, in order
that people may know what
they have to expect; but in each person's own
concerns, his individual
spontaneity is entitled to free exercise.
Considerations to aid his
judgment, exhortations to strengthen his will, may
be offered to him, even
obtruded on him, by others; but he, himself, is the
final judge. All errors
which he is likely to commit against advice and
warning, are far outweighed
by the evil of allowing others to constrain him
to what they deem his good.
I do
not mean that the feelings with which a person is regarded
by others,
ought not to be in any way
affected by his self-regarding qualities or
deficiencies. This is
neither
possible nor desirable. If he is eminent in any
of the qualities which
conduce
to his own good, he is, so far, a proper
object of admiration. He
is so much the nearer to the ideal perfection of
human nature. If he is
grossly
deficient in those qualities, a sentiment the
opposite of admiration will
follow. There is a degree of folly, and a degree
of what may be called
(though
the phrase is not unobjectionable) lowness
or depravation of taste,
which, though it cannot justify doing harm to the
person who manifests it,
renders him necessarily and properly a subject of
distaste, or, in extreme
cases, even of contempt: a person could not have
the opposite qualities in
due strength without entertaining these feelings.
Though doing no wrong to
any one, a person may so act as to compel us
to judge him, and feel to
him, as a fool, or as a being of an inferior order:
and since this judgment
and feeling are a fact which he would prefer to
avoid, it is doing him a
service to warn him of it beforehand, as of any other
disagreeable consequence
to which he exposes himself. It would be well,
indeed, if this good office
were much more freely rendered than the
common notions of politeness
at present permit, and if one person could
honestly point out to
another
that he thinks him in fault, without being
considered unmannerly or
presuming. We have a right, also, in various
ways, to act upon our
unfavorable
opinion of any one, not to the oppression
of his individuality, but
in the exercise of ours. We are not bound, for
example, to seek his
society;
we have a right to avoid it (though not to
parade the avoidance), for
we have a right to choose the society most
acceptable to us. We have
a right, and it may be our duty, to caution others
against him, if we think
his example or conversation likely to have a
pernicious effect on those
with whom he associates. We may give others a
preference over him in
optional
good offices, except those which tend to
his improvement. In these
various modes a person may suffer very severe
penalties at the hands of
others, for faults which directly concern only
himself; but he suffers
these penalties only in so far as they are the natural,
and, as it were, the
spontaneous
consequences of the faults themselves,
not because they are
purposely
inflicted on him for the sake of punishment.
A person who
shows rashness, obstinacy, self-conceit -- who cannot live
within moderate means --
who cannot restrain himself from hurtful
indulgences -- who pursues
animal pleasures at the expense of those of
feeling and intellect --
must expect to be lowered in the opinion of others,
and to have a less share
of their favorable sentiments, but of this he has no
right to complain, unless
he has merited their favor by special excellence in
his social relations, and
has thus established a title to their good offices,
which is not affected by
his demerits towards himself.
The distinction here pointed
out between the part of a person's life which
concerns only himself, and
that which concerns others, many persons will
refuse to admit. How (it
may be asked) can any part of the conduct of a
member of society be a
matter
of indifference to the other members? No
person is an entirely
isolated
being; it is impossible for a person to do
anything seriously or
permanently
hurtful to himself, without mischief
reaching at least to his
near connections, and often far beyond them. If he
injures his property, he
does harm to those who directly or indirectly
derived support from it,
and usually diminishes, by a greater or less
amount, the general
resources
of the community. If he deteriorates his
bodily or mental faculties,
he not only brings evil upon all who depended on
him for any portion of their
happiness, but disqualifies himself for rendering
the services which he owes
to his fellow-creatures generally; perhaps
becomes a burden on their
affection or benevolence; and if such conduct
were very frequent, hardly
any offence that is committed would detract
more from the general sum
of good. Finally, if by his vices or follies a
person does no direct harm
to others, he is nevertheless (it may be said)
injurious by his example;
and ought to be compelled to control himself, for
the sake of those whom the
sight or knowledge of his conduct might
corrupt or mislead.
And even (it will be added)
if the consequences of misconduct could be
confined to the vicious
or thoughtless individual, ought society to abandon
to their own guidance those
who are manifestly unfit for it? If protection
against themselves is
confessedly
due to children and persons under age,
is not society equally bound
to afford it to persons of mature years who are
equally incapable of
self-government?
If gambling, or drunkenness, or
incontinence, or idleness,
or uncleanliness, are as injurious to happiness,
and as great a hindrance
to improvement, as many or most of the acts
prohibited by law, why (it
may be asked) should not law, so far as is
consistent with
practicability
and social convenience, endeavor to repress
these also? And as a
supplement
to the unavoidable imperfections of law,
ought not opinion at least
to organize a powerful police against these
vices, and visit rigidly
with social penalties those who are known to
practise them? There is
no question here (it may be said) about restricting
individuality, or impeding
the trial of new and original experiments in living.
The only things it is sought
to prevent are things which have been tried and
condemned from the beginning
of the world until now; things which
experience has shown not
to be useful or suitable to any person's
individuality. There must
be some length of time and amount of experience,
after which a moral or
prudential
truth may be regarded as established,
and it is merely desired
to prevent generation after generation from falling
over the same precipice
which has been fatal to their predecessors.
I fully admit that the
mischief
which a person does to himself, may seriously
affect, both through their
sympathies and their interests, those nearly
connected with him, and
in a minor degree, society at large. When, by
conduct of this sort, a
person is led to violate a distinct and assignable
obligation to any other
person or persons, the case is taken out of the
self-regarding class, and
becomes amenable to moral disapprobation in
the proper sense of the
term. If, for example, a man, through intemperance
or extravagance, becomes
unable to pay his debts, or, having undertaken
the moral responsibility
of a family, becomes from the same cause
incapable of supporting
or educating them, he is deservedly reprobated,
and might be justly
punished;
but it is for the breach of duty to his family or
creditors, not for the
extravagence.
If the resources which ought to have
been devoted to them, had
been diverted from them for the most prudent
investment, the moral
culpability
would have been the same. George
Barnwell murdered his uncle
to get money for his mistress, but if he had
done it to set himself up
in business, he would equally have been hanged.
Again, in the frequent case of a man who causes grief to
his family by
addiction to bad habits,
he deserves reproach for his unkindness or
ingratitude; but so he may
for cultivating habits not in themselves vicious, if
they are painful to those
with whom he passes his life, or 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 of 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.
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 often
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
affect 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
often 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 endeavoring
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
their religious observances, especially their religious
abstinences. To cite a
rather
trivial example, nothing in the creed or
practice of Christians does
more to envenom the hatred of Mahomedans
against them, than the fact
of their eating pork. There are few acts which
Christians and Europeans
regard with more unaffected disgust, than
Mussulmans regard this
particular
mode of satisfying hunger. It is, in the
first place, an offence
against their religion; but this circumstance by no
means explains either the
degree or the kind of their repugnance; for wine
also is forbidden by their
religion, and to partake of it is by all Mussulmans
accounted wrong, but not
disgusting. Their aversion to the flesh of the
"unclean beast" is, on the
contrary, of that peculiar character, resembling
an instinctive antipathy,
which the idea of uncleanness, when once it
thoroughly sinks into the
feelings, seems always to excite even in those
whose personal habits are
anything but scrupulously cleanly and of which
the sentiment of religious
impurity, so intense in the Hindoos, is a
remarkable example. Suppose
now that in a people, of whom the majority
were Mussulmans, that
majority
should insist upon not permitting pork to
be eaten within the limits
of the country. This would be nothing new in
Mahomedan countries.[1]
Would it be a legitimate exercise of the moral
authority of public opinion?
and if not, why not? The practice is really
revolting to such a public.
They also sincerely think that it is forbidden and
abhorred by the Deity.
Neither
could the prohibition be censured as
religious persecution. It
might be religious in its origin, but it would not be
persecution for religion,
since nobody's religion makes it a duty to eat
pork. The only tenable
ground
of condemnation would be, that with the
personal tastes and
self-regarding
concerns of individuals the public has
no business to interfere.
To come somewhat nearer home:
the majority of Spaniards consider it a
gross impiety, offensive
in the highest degree to the Supreme Being, to
worship him in any other
manner than the Roman Catholic; and no other
public worship is lawful
on Spanish soil. The people of all Southern Europe
look upon a married clergy
as not only irreligious, but unchaste, indecent,
gross, disgusting. What
do Protestants think of these perfectly sincere
feelings, and of the attempt
to enforce them against non-Catholics? Yet, if
mankind are justified in
interfering with each other's liberty in things which
do not concern the interests
of others, on what principle is it possible
consistently to exclude
these cases? or who can blame people for desiring
to suppress what they regard
as a scandal in the sight of God and man?
No stronger case can be
shown for prohibiting anything which is regarded
as a personal immorality,
than is made out for suppressing these practices
in the eyes of those who
regard them as impieties; and unless we are
willing to adopt the logic
of persecutors, and to say that we may persecute
others because we are right,
and that they must not persecute us because
they are wrong, we must
beware of admitting a principle of which we
should resent as a gross
injustice the application to ourselves.
The preceding instances may
be objected to, although unreasonably, as
drawn from contingencies
impossible among us: opinion, in this country,
not being likely to enforce
abstinence from meats, or to interfere with
people for worshipping,
and for either marrying or not marrying, according
to their creed or
inclination.
The next example, however, shall be taken
from an interference with
liberty which we have by no means passed all
danger of.