When I was about fourteen (as long ago as the year
1792), in consequence of a dispute, one day after
coming out of meeting, between my father and an old
lady of the congregation, respecting the repeal of the
Corporation and Test Acts and the limits of religious
toleration, I set about forming in my head (the first
time I ever attempted to think) the following system
of political rights and general jurisprudence.
It was this circumstance that decided the fate of my
future life; or rather, I would say it was from an
original bias or craving to be satisfied of the reason
of things, that I seized hold of this accidental opportunity
to indulge in its uneasy and unconscious
determination. Mr. Currie, my old tutor at Hackney,
may still have the rough draught of this speculation,
which I gave him with tears in my eyes, and which he
good-naturedly accepted in lieu of the customary
themes, and as a proof that I was no idler, but that
my inability to produce a line on the ordinary school
topics arose from my being involved in more difficult
and abstruse matters. He must smile at the so oft-repeated
charge against me of florid flippancy and
tinsel. If from those briars I have since plucked
roses, what labour has it not cost me? The Test and
Corporation Acts were repealed the other day. How
would my father have rejoiced if this had happened
in his time, and in concert with his old friends Dr.
Price, Dr. Priestly, and others! but now that there
is no one to care about it, they give as a boon to
131]
indifference what they so long refused to justice, and
thus ascribed by some to the liberality of the age!
Spirit of contradiction! when wilt thou cease to rule
over sublunary affairs, as the moon governs the tides?
Not till the unexpected stroke of a comet throws up a
new breed of men and animals from the bowels of the
earth; nor then neither, since it is included in the
very idea of all life, power, and motion. For and
against are inseparable terms. But not to wander
any farther from the point—
I began with trying to define what a right meant;
and this I settled with myself was not simply that
which is good or useful in itself, but that which is
thought so by the individual, and which has the
sanction of his will as such. 1. Because the determining
what is good in itself is an endless question.
2. Because one person’s having a right to any good,
and another being made the judge of it, leaves him
without any security for its being exercised to his
advantage, whereas self-love is a natural guarantee for
our self-interest. 3. A thing being willed is the most
absolute moral reason for its existence: that a thing
is good in itself is no reason whatever why it should
exist, till the will clothes it with a power to act as a
motive; and there is certainly nothing to prevent this
will from taking effect (no law or admitted plea above
it) but another will opposed to it, and which forms a
right on the same principle. A good is only so far a
right, inasmuch as it virtually determines the will;
for a right meant that which contains within itself,
and as respects the bosom in which it is lodged, a
cogent and unanswerable reason why it should exist.
Suppose I have a violent aversion to one thing and
as strong an attachment to something else, and that
there is no other being in the world but myself, shall
I not have a self-evident right, full title, liberty, to
pursue the one and avoid the other? That is to say,
in other words, there can be no authority to interpose
between the strong natural tendency of the will and
its desired effect, but the will of another. It may be
132]
replied that reason, that affection, may interpose
between the will and the act; but there are motives
that influence the conduct by first altering the will;
and the point at issue is, that these being away, what
other principle or lever is there always left to appeal
to, before we come to blows? Now, such a principle
is to be found in self-interest; and such a barrier
against the violent will is erected by the limits which
this principle necessarily sets to itself in the claims
of different individuals. Thus, then, a right is not
that which is right in itself, or best for the whole, or
even for the individual, but that which is good in his
own eyes, and according to his own will; and to
which, among a number of equally selfish and self-willed
beings, he can lay claim, allowing the same latitude
and allowance to others. Political justice is that
which assigns the limits of these individual rights in
society, or it is the adjustment of force against force,
of will against will, to prevent worse consequences.
In the savage state there is nothing but an appeal to
brute force, or the right of the strongest; Politics
lays down a rule to curb and measure out the wills of
individuals in equal portions; Morals has a higher
standard still, and ought never to appeal to force in
any case whatever. Hence I always found something
wanting in Mr. Godwin’s Enquiry concerning Political
Justice (which I read soon after with great avidity,
and hoped, from its title and its vast reputation, to
get entire satisfaction from it), for he makes no distinction
between political justice, which implies an
appeal to force, and moral justice, which implies only
an appeal to reason. It is surely a distinct question,
what you can persuade people to do by argument and
fair discussion, and what you may lawfully compel
them to do, when reason and remonstrance fail. But
in Mr. Godwin’s system the ‘omnipotence of reason’
supersedes the use of law and government, merges
the imperfection of the means in the grandeur of the
end, and leaves but one class of ideas or motives, the
highest and the least attainable possible. So promises
133]
and oaths are said to be of no more value than common
breath; nor would they, if every word we uttered was
infallible and oracular, as if delivered from a Tripod.
But this is pragmatical, and putting an imaginary for
a real state of things. Again, right and duties,
according to Mr. Godwin, are reciprocal. I could
not comprehend this without an arbitrary definition
that took away the meaning. In my sense, a man
might have a right, a discriminating power, to do
something, which others could not deprive him of,
without a manifest infraction of certain rules laid down
for the peace and order of society, but which it might
be his duty to waive upon good reasons shown; rights
are seconded by force, duties are things of choice.
This is the import of the words in common speech:
why then pass over this distinction in a work confessedly
rhetorical as well as logical, that is, which
laid an equal stress on sound and sense? Right,
therefore, has a personal or selfish reference, as it is
founded on the law which determines a man’s actions
in regard to his own being and well-being; and
political justice is that which assigns the limits of
these individual rights on their compatibility or incompatibility
with each other in society. Right, in a
word, is the duty which each man owes to himself;
or it is that portion of the general good of which (as
being principally interested) he is made the special
judge, and which is put under his immediate keeping.
The next question I asked myself was, what is law
and the real and necessary ground of civil government?
The answer to this is found in the former
statement. Law is something to abridge, or, more
properly speaking, to ascertain, the bounds of the
original right, and to coerce the will of individuals in
the community. Whence, then, has the community
such a right? It can only arise in self-defence, or
from the necessity of maintaining the equal rights of
every one, and of opposing force to force in case of
any violent and unwarrantable infringement of them.
Society consists of a given number of individuals; and
134]
the aggregate right of government is only the consequence
of these inherent rights, balancing and
neutralising one another. How those who deny
natural rights get at any sort of right, divine or
human, I am at a loss to discover; for whatever exists
in combination, exists beforehand in an elementary
state. The world is composed of atoms, and a
machine cannot be made without materials. First,
then, it follows that law or government is not the
mere creature of a social compact, since each person
has a certain right which he is bound to defend against
another without asking that other’s leave, or else the
right would always be at the mercy of whoever chose
to invade it. There would be a right to do wrong,
but none to resist it. Thus I have a natural right
to defend my life against a murderer, without any
mutual compact between us; hence society has an
aggregate right of the same kind, and to make a law
to that effect, forbidding and punishing murder. If
there be no such immediate value and attachment to
life felt by the individual, and a consequent justifiable
determination to defend it, then the formal pretension
of society to vindicate a right, which, according to
this reasoning, has no existence in itself, must be
founded on air, on a word, or a lawyer’s ipse dixit.
Secondly, society, or government, as such, has no
right to trench upon the liberty or rights of the
individuals its members, except as these last are, as
it were, forfeited by interfering with and destroying
one another, like opposite mechanical forces or quantities
in arithmetic. Put the basis that each man’s
will is a sovereign law to itself: this can only hold in
society as long as he does not meddle with others;
but so long as he does not do this, the first principle
retains its force, for there is no other principle to
impeach or overrule it. The will of society is not a
sufficient plea; since this is, or ought to be, made up
of the wills or rights of the individuals composing it,
which by the supposition remain entire, and consequently
without power to act. The good of society
135]
is not a sufficient plea, for individuals are only bound
(on compulsion) not to do it harm, or to be barely
just: benevolence and virtue are voluntary qualities.
For instance, if two persons are obliged to do all that
is possible for the good of both, this must either
be settled voluntarily between them, and then it is
friendship, and not force; or if this is not the case, it
is plain that one must be the slave, and lie at the
caprice and mercy of the other: it will be one will
forcibly regulating two bodies. But if each is left
master of his own person and actions, with only the
implied proviso of not encroaching on those of the
other, then both may continue free and independent,
and contented in their several spheres. One individual
has no right to interfere with the employment
of my muscular powers, or to put violence on my
person, to force me to contribute to the most laudable
undertaking if I do not approve of it, any more than
I have to force him to assist me in the direct contrary:
if one has not, ten have not, nor a million, any such
arbitrary right over me. What one can be made to
do for a million is very trifling: what a million may
do by being left free in all that merely concerns
themselves, and not subject to the perpetual caprice
and insolence of authority, and pretext of the public
good, is a very different calculation. By giving up
the principle of political independence, it is not the
million that will govern the one, but the one that will
in time give law to the million. There are some
things that cannot be free in natural society, and
against which there is a natural law; for instance, no
one can be allowed to knock out another’s brains or
to fetter his limbs with impunity. And government
is bound to prevent the same violations of liberty and
justice. The question is, whether it would not be
possible for a government to exist, and for a system
of laws to be framed, that confined itself to the
punishment of such offences, and left all the rest
(except the suppression of force by force) optional or
matter of mutual compact. What are a man’s natural
136]
rights? Those, the infringement of which cannot on
any supposition go unpunished: by leaving all but
cases of necessity to choice and reason, much would
be perhaps gained, and nothing lost.
Corollary 1. It results from the foregoing statement,
that there is nothing naturally to restrain or
oppose the will of one man, but the will of another
meeting it. Thus, in a desert island, it is evident
that my will and rights would be absolute and unlimited,
and I might say with Robinson Crusoe, ‘I am
monarch of all I survey.’
Corollary 2. It is coming into society that circumscribes
my will and rights, by establishing equal and
mutual rights, instead of the original uncircumscribed
ones. They are still ‘founded as the rock,’ though not
so broad and general as the casing air, for the only
thing that limits them is the solidity of another right,
no better than my own, and, like stones in a building,
or a mosaic pavement, each remains not the less firmly
riveted to its place, though it cannot encroach upon
the next to it. I do not belong to the state, nor am
I a nonentity in it, but I am one part of it, and independent
in it, for that very reason that every one in
it is independent of me. Equality, instead of being
destroyed by society, results from and is improved by
it; for in politics, as in physics, the action and reaction
are the same: the right of resistance on their
part implies the right of self-defence on mine. In a
theatre, each person has a right to his own seat, by
the supposition that he has no right to intrude into
any one else’s. They are convertible propositions.
Away, then, with the notion that liberty and equality
are inconsistent. But here is the artifice: by merging
the rights and independence of the individual in the
fictitious order of society, those rights become arbitrary,
capricious, equivocal, removable at the pleasure
of the state or ruling power; there is nothing substantial
or durable implied in them: if each has no
positive claim, naturally, those of all taken together
can mount up to nothing; right and justice are mere
137]
blanks to be filled up with arbitrary will, and the
people have thenceforward no defence against the
government. On the other hand, suppose these
rights to be not empty names or artificial arrangements,
but original and inherent like solid atoms,
then it is not in the power of government to annihilate
one of them, whatever may be the confusion
arising from their struggle for mastery, or before
they can settle into order and harmony. Mr. Burke
talks of the reflections and refractions of the rays of
light as altering their primary essence and direction.
But if there were no original rays of light, there
could be neither refraction, nor reflections. Why,
then, does he try by cloudy sophistry to blot the sun
out of heaven? One body impinges against and
impedes another in the fall, but it could not do this,
but for the principle of gravity. The author of the
Sublime and Beautiful would have a single atom outweigh
the great globe itself; or all empty title, a
bloated privilege, or a grievous wrong overturn the
entire mass of truth and justice. The question
between the author and his opponents appears to be
simply this: whether politics, or the general good, is
all affair of reason or imagination! and this seems
decided by another consideration, viz. that Imagination
is the judge of individual things, and Reason
of generals. Hence the great importance of the principle
of universal suffrage; for if the vote and choice
of a single individual goes for nothing, so, by parity
of reasoning, may that of all the rest of the community:
but if the choice of every man in the community
is held sacred, then what must be the weight
and value of the whole.
Many persons object that by this means property is
not represented, and so, to avoid that, they would
have nothing but property represented, at the same
time that they pretend that if the elective franchise
were thrown open to the poor, they would be wholly
at the command of the rich, to the prejudice and
exclusion of the middle and independent classes of
138]
society. Property always has a natural influence and
authority: it is only people without property that
have no natural protection, and require every artificial
and legal one. Those that have much, shall have more;
and those that have little, shall have less. This proverb
is no less true in public than in private life. The
better orders (as they are called, and who, in virtue of
this title, would assume a monopoly in the direction
of state affairs) are merely and in plain English those
who are better off than others; and as they get the
wished-for monopoly into their hands, others will
uniformly be worse off, and will sink lower and lower
in the scale; so that it is essentially requisite to extend
the elective franchise in order to counteract the excess
of the great and increasing goodness of the better
orders to themselves. I see no reason to suppose that
in any case popular feeling (if free course were given
to it) would bear down public opinion. Literature is
at present pretty nearly on the footing of universal
suffrage, yet the public defer sufficiently to the critics;
and when no party bias interferes, and the government
do not make a point of running a writer down,
the verdict is tolerably fair and just. I do not say
that the result might not be equally satisfactory, when
literature was patronised more immediately by the
great; but then lords and ladies had no interest in
praising a bad piece and condemning a good one. If
they could have laid a tax on the town for not going
to it, they would have run a bad play forty nights
together, or the whole year round, without scruple.
As things stand, the worse the law, the better for the
lawmakers: it takes everything from others to give to
them. It is common to insist on universal suffrage
and the ballot together. But if the first were allowed,
the second would be unnecessary. The ballot is only
useful as a screen from arbitrary power. There is
nothing manly or independent to recommend it.
Corollary 3. If I was out at sea in a boat with a
jure divino monarch, and he wanted to throw me
overboard, I would not let him. No gentleman would
139]
ask such a thing, no freeman would submit to it.
Has he, then, a right to dispose of the lives and
liberties of thirty millions of men? Or have they
more right than I have to resist his demands? They
have thirty millions of times that right, if they had a
particle of the same spirit that I have. It is not the
individual, then, whom in this case I fear (to me
‘there’s no divinity doth hedge a king’), but thirty
millions of his subjects that call me to account in his
name, and who are of a most approved and indisputable
loyalty, and who have both the right and power.
The power rests with the multitude, but let them
beware how the exercise of it turns against their own
rights! It is not the idol but the worshippers that
are to be dreaded, and who, by degrading one of their
fellows, render themselves liable to be branded with
the same indignities.
Corollary 4. No one can be born a slave; for my
limbs are my own, and the power and the will to use
them are anterior to all laws, and independent of the
control of every other person. No one acquires a
right over another but that other acquires some reciprocal
right over him; therefore the relation of
master and slave is a contradiction in political logic.
Hence, also, it follows that combinations among
labourers for the rise of wages are always just and
lawful, as much as those among master manufacturers
to keep them down. A man’s labour is his own, at
least as much as another’s goods; and he may starve
if he pleases, but he may refuse to work except on
his own terms. The right of property is reducible to
this simple principle, that one man has not a right to
the produce of another’s labour, but each man has a
right to the benefit of his own exertions and the use
of his natural and inalienable powers, unless for a
supposed equivalent and by mutual consent. Personal
liberty and property therefore rest upon the same
foundation. I am glad to see that Mr. Macculloch,
in his Essay on Wages, admits the right of combination
among journeymen and others. I laboured this point
140]
hard, and, I think, satisfactorily, a good while ago, in
my Reply to Mr. Malthus. ‘Throw your bread upon the
waters, and after many days you shall find it again.’
There are four things that a man may especially
call his own. 1. His person. 2. His actions. 3. His
property. 4. His opinions. Let us see how each of
these claims unavoidably circumscribes and modifies
those of others, on the principle of abstract equity
and necessity and independence above laid down.
First, as to the Rights of Persons. My intention
is to show that the right of society to make laws to
coerce the will of others, is founded on the necessity
of repelling the wanton encroachment of that will on
their rights; that is, strictly on the right of self-defence
or resistance to aggression. Society comes
forward and says, ‘Let us alone, and we will let you
alone, otherwise we must see which is strongest’; its
object is not to patronise or advise individuals for
their good, and against their will, but to protect
itself: meddling with others forcibly on any other
plea or for any other purpose is impertinence. But
equal rights destroy one another; nor can there be a
right to impossible or impracticable things. Let A,
B, C, D, etc., be different component parts of any
society, each claiming to be the centre and master of
a certain sphere of activity and self-determination:
as long as each keeps within his own line of demarcation
there is no harm done, nor any penalty incurred—it
is only the superfluous and overbearing will of
particular persons that must be restrained or lopped
off by the axe of the law. Let A be the culprit: B,
C, D, etc., or the rest of the community, are plaintiffs
against A, and wish to prevent his taking any unfair
or unwarranted advantage over them. They set up
no pretence to dictate or domineer over him, but
merely to hinder his dictating to and domineering
over them; and in this, having both might and right
on their side, they have no difficulty in putting it in
execution. Every man’s independence and discretionary
power over what peculiarly and exclusively
141]
concerns himself, is his castle (whether round, square,
or, according to Mr. Owen’s new map of improvements,
in the form of a parallelogram). As long as
he keeps within this, he is safe—society has no hold
of him: it is when he quits it to attack his neighbours
that they resort to reprisals, and make short work
of the interloper. It is, however, time to endeavour
to point out in what this natural division of right, and
separate advantage consists. In the first place, A, B,
C, D have the common and natural rights of persons,
in so far that none of these has a right to offer violence
to, or cause bodily pain or injury to any of the others.
Sophists laugh at natural rights: they might as well
deny that we have natural persons; for while the last
distinction holds true and good by the constitution
of things, certain consequences must and will follow
from it—‘while this machine is to us Hamlet,’ etc.
For instance, I should like to know whether Mr.
Burke, with his Sublime and Beautiful fancies, would
deny that each person has a particular body and senses
belonging to him, so that he feels a peculiar and
natural interest in whatever affects these more than
another can, and whether such a peculiar and paramount
interest does not imply a direct and unavoidable
right in maintaining this circle of individuality
inviolate. To argue otherwise is to assert that indifference,
or that which does not feel either the good
or the ill, is as capable a judge and zealous a discriminator
of right and wrong as that which does. The
right, then, is coeval and co-extended with the interest,
not a product of convention, but inseparable
from the order of the universe; the doctrine itself is
natural and solid; it is the contrary fallacy that is
made of air and words. Mr. Burke, in such a question,
was like a man out at sea in a haze, and could
never tell the difference between land and clouds.
If another break my arm by violence, this will not
certainly give him additional health or strength; if
he stun me by a blow or inflict torture on my limbs,
it is I who feel the pain, and not he; and it is hard if
142]
I, who am the sufferer, am not allowed to be the
judge. That another should pretend to deprive me
of it, or pretend to judge for me, and set up his will
against mine, in what concerns this portion of my
existence—where I have all at stake and he nothing—is
not merely injustice, but impudence. The circle
of personal security and right, then, is not an imaginary
and arbitrary line fixed by law and the will of
the prince, or the scaly finger of Mr. Hobbes’s Leviathan,
but is real and inherent in the nature of things,
and itself the foundation of law and justice. ‘Hands
off is fair play’—according to the old adage. One,
therefore, has not a right to lay violent hands on
another, or to infringe on the sphere of his personal
identity; one must not run foul of another, or he is
liable to be repelled and punished for the offence. If
you meet an Englishman suddenly in the street, he
will run up against you sooner than get out of your
way, which last he thinks a compromise of his dignity
and a relinquishment of his purpose, though he
expects you to get out of his. A Frenchman in the
same circumstances will come up close to you, and
try to walk over you, as if there was no one in his
way; but if you take no notice of him, he will step
on one side, and make you a low bow. The one is a
fellow of stubborn will, the other a petit-maître. An
Englishman at a play mounts upon a bench, and
refuses to get down at the request of another, who
threatens to call him to account the next day. ‘Yes,’
is the answer of the first, ‘if your master will let
you!’ His abuse of liberty, he thinks, is justified by
the other’s want of it. All an Englishman’s ideas
are modifications of his will; which shows, in one
way, that right is founded on will, since the English
are at once the freest and most wilful of all people.
If you meet another on the ridge of a precipice, are you
to throw each other down? Certainly not. You are
to pass as well as you can. ‘Give and take,’ is the
rule of natural right, where the right is not all on
one side and cannot be claimed entire. Equal weights
143]
and scales produce a balance, as much as where the
scales are empty: so it does not follow (as our votaries
of absolute power would insinuate) that one man’s
right is nothing because another’s is something. But
suppose there is not time to pass, and one or other
must perish, in the case just mentioned, then each
must do the best for himself that he can, and the
instinct of self-preservation prevails over everything
else. In the streets of London, the passengers take
the right hand of one another and the wall alternately;
he who should not conform to this rule would be
guilty of a breach of the peace. But if a house were
falling, or a mad ox driven furiously by, the rule would
be, of course, suspended, because the case would
be out of the ordinary. Yet I think I can conceive,
and have even known, persons capable of carrying the
point of gallantry in political right to such a pitch as
to refuse to take a precedence which did not belong
to them in the most perilous circumstances, just as a
soldier may waive a right to quit his post, and takes
his turn in battle. The actual collision or case of personal
assault and battery, is, then, clearly prohibited,
inasmuch as each person’s body is clearly defined:
but how if A use other means of annoyance against B,
such as a sword or poison, or resort to what causes
other painful sensations besides tangible ones, for
instance, certain disagreeable sounds and smells? Or,
if these are included as a violation of personal rights,
then how draw the line between them and the employing
certain offensive words and gestures or uttering
opinions which I disapprove? This is a puzzler
for the dogmatic school; but they solve the whole
difficulty by an assumption of utility, which is as much
as to tell a person that the way to any place to which
he asks a direction is ‘to follow his nose.’ We want
to know by given marks and rules what is best and
useful; and they assure us very wisely, that this is
infallibly and clearly determined by what is best and
useful. Let us try something else. It seems no
less necessary to erect certain little fortalices, with
144]
palisades and outworks about them, for Right to
establish and maintain itself in, than as landmarks to
guide us across the wide waste of Utility. If a person
runs a sword through me, or administers poison, or
procures it to be administered, the effect, the pain,
disease or death is the same, and I have the same
right to prevent it, on the principle that I am the
sufferer; that the injury is offered to me, and he is
no gainer by it, except for mere malice or caprice,
and I therefore remain master and judge of my own
remedy, as in the former case; the principle and
definition of right being to secure to each individual
the determination and protection of that portion of
sensation in which he has the greatest, if not a sole
interest, and, as it were, identity with it. Again, as
to what are called nuisances, to wit offensive smells,
sounds, etc., it is more difficult to determine, on the
ground that one man’s meat is another man’s poison.
I remember a case occurred in the neighbourhood
where I was, and at the time I was trying my best
at this question, which puzzled me a good deal. A
rector of a little town in Shropshire, who was at
variance with all his parishioners, had conceived a
particular spite to a lawyer who lived next door to him,
and as a means of annoying him, used to get together
all sorts of rubbish, weeds, and unsavoury materials,
and set them on fire, so that the smoke should blow
over into his neighbour’s garden; whenever the wind
set in that direction, he said, as a signal to his
gardener, ‘It’s a fine Wicksteed wind to-day’; and
the operation commenced. Was this an action of
assault and battery, or not? I think it was, for this
reason, that the offence was unequivocal, and that the
only motive for the proceeding was the giving this
offence. The assailant would not like to be served so
himself. Mr. Bentham would say, the malice of the
motive was a set-off to the injury. I shall leave that
prima philosophia consideration out of the question.
A man who knocks out another’s brains with a
bludgeon may say it pleases him to do so; but will it
145]
please him to have the compliment returned? If he
still persists, in spite of this punishment, there is no
preventing him; but if not, then it is a proof that he
thinks the pleasure less than the pain to himself, and
consequently to another in the scales of justice. The
lex talionis is an excellent test. Suppose a third
person (the physician of the place) had said, ‘It is a
fine Egerton wind to-day,’ our rector would have
been non-plussed; for he would have found that, as
he suffered all the hardship, he had the right to
complain of and to resist an action of another, the
consequences of which affected principally himself.
Now mark: if he had himself had any advantage to
derive from the action, which he could not obtain in
any other way, then he would feel that his neighbour
also had the same plea and right to follow his own
course (still this might be a doubtful point); but in the
other case it would be sheer malice and wanton interference;
that is, not the exercise of a right, but the
invasion of another’s comfort and independence. Has
a person, then, a right to play on the horn or on a
flute, on the same staircase? I say, yes; because it
is for his own improvement and pleasure, and not to
annoy another; and because, accordingly, every one
in his own case would wish to reserve this or a similar
privilege to himself. I do not think a person has a
right to beat a drum under one’s window, because
this is altogether disagreeable, and if there is an
extraordinary motive for it, then it is fit that the
person should be put to some little inconvenience in
removing his sphere of liberty of action to a reasonable
distance. A tallow-chandler’s shop or a steam-engine
is a nuisance in a town, and ought to be
removed into the suburbs; but they are to be tolerated
where they are least inconvenient, because they are
necessary somewhere, and there is no remedying the
inconvenience. The right to protest against and to
prohibit them rests with the suffering party; but
because this point of the greatest interest is less clear
in some cases than in others, it does not follow that
146]
there is no right or principle of justice in the case.
3. As to matters of contempt and the expression of
opinion, I think these do not fall under the head of
force, and are not, on that ground, subjects of coercion
and law. For example, if a person inflicts a
sensation upon me by material means, whether tangible
or otherwise, I cannot help that sensation; I am
so far the slave of that other, and have no means of
resisting him but by force, which I would define to be
material agency. But if another proposes an opinion
to me, I am not bound to be of this opinion; my
judgment and will is left free, and therefore I have
no right to resort to force to recover a liberty which
I have not lost. If I do this to prevent that other
from pressing that opinion, it is I who invade his
liberty, without warrant, because without necessity.
It may be urged that material agency, or force,
is used in the adoption of sounds or letters of the
alphabet, which I cannot help seeing or hearing.
But the injury is not here, but in the moral and
artificial inference, which I am at liberty to admit or
reject, according to the evidence. There is no force
but argument in the case, and it is reason, not the
will of another, that gives the law. Further, the
opinion expressed, generally concerns not one individual,
but the general interest; and of that my
approbation or disapprobation is not a commensurate
or the sole judge. I am judge of my own interests,
because it is my affair, and no one’s else; but by the
same rule, I am not judge, nor have I a veto on that
which appeals to all the world, merely because I have
a prejudice or fancy against it. But suppose another
expresses by signs or words a contempt for me?
Answer. I do not know that he is bound to have a
respect for me. Opinion is free; for if I wish him to
have that respect, then he must be left free to judge
for himself, and consequently to arrive at and to
express the contrary opinion, or otherwise the verdict
and testimony I aim at could not be obtained; just
as players must consent to be hissed if they expect
147]
to be applauded. Opinion cannot be forced, for it is
not grounded on force, but on evidence and reason,
and therefore these last are the proper instruments to
control that opinion, and to make it favourable to
what we wish, or hostile to what we disapprove. In
what relates to action, the will of another is force,
or the determining power: in what relates to opinion,
the mere will or ipse dixit of another is of no avail but
as it gains over other opinions to its side, and therefore
neither needs nor admits of force as a counteracting
means to be used against it. But in the case
of calumny or indecency: 1. I would say that it is
the suppression of truth that gives falsehood its
worst edge. What transpires (however maliciously or
secretly) in spite of the law, is taken for gospel, and as
it is impossible to prevent calumny, so it is impossible
to counteract it on the present system, or while every
attempt to answer it is attributed to the people’s not
daring to speak the truth. If any single fact or accident
peeps out, the whole character, having this legal
screen before it, is supposed to be of a piece; and
the world, defrauded of the means of coming to their
own conclusion, naturally infer the worst. Hence the
saying, that reputation once gone never returns. If,
however, we grant the general licence or liberty of
the press, in a scheme where publicity is the great
object, it seems a manifest contre-sens that the author
should be the only thing screened or kept a secret:
either, therefore, an anonymous libeller would be
heard with contempt, or if he signed his name thus —,
or thus — —, it would be equivalent to being branded
publicly as a calumniator, or marked with the T. F.
(travail forcé) or the broad R. (rogue) on his back.
These are thought sufficient punishments, and yet
they rest on opinion without stripes or labour. As to
indecency, in proportion as it is flagrant is the shock
and resentment against it; and as vanity is the source
of indecency, so the universal discountenance and
shame is its most effectual antidote. If it is public,
it produces immediate reprisals from public opinion
148]
which no brow can stand; and if secret, it had better
be left so. No one can then say it is obtruded on
him; and if he will go in search of it, it seems odd
he should call upon the law to frustrate the object of
his pursuit. Further, at the worst, society has its
remedy in its own hands whenever its moral sense
is outraged, that is, it may send to Coventry, or excommunicate
like the church of old; for though it
may have no right to prosecute, it is not bound to
protect or patronise, unless by voluntary consent of
all parties concerned. Secondly, as to rights of
action, or personal liberty. These have no limit but
the rights of persons or property aforesaid, or to be
hereafter named. They are the channels in which
the others run without injury and without impediment,
as a river within its banks. Every one has a
right to use his natural powers in the way most
agreeable to himself, and which he deems most conducive
to his own advantage, provided he does not
interfere with the corresponding rights and liberties
of others. He has no right to coerce them by a
decision of his individual will, and as long as he
abstains from this he has no right to be coerced by
an expression of the aggregate will, that is, by law.
The law is the emanation of the aggregate will, and
this will receives its warrant to act only from the
forcible pressure from without, and its indispensable
resistance to it. Let us see how this will operate to
the pruning and curtailment of law. The rage of
legislation is the first vice of society; it ends by limiting
it to as few things as possible. 1. There can,
according to the principle here imperfectly sketched,
be no laws for the enforcement of morals; because
morals have to do with the will and affections, and
the law only puts a restraint on these. Every one is
politically constituted the judge of what is best for
himself; it is only when he encroaches on others that
he can be called to account. He has no right to say
to others, You shall do as I do: how then should they
have a right to say to him, You shall do as we do?
149]
Mere numbers do not convey the right, for the law
addresses not one, but the whole community. For
example, there cannot rightly be a law to set a man
in the stocks for getting drunk. It injures his health,
you say. That is his concern, and not mine. But it
is detrimental to his affairs: if so, he suffers most by
it. But it is ruinous to his wife and family: he is
their natural and legal guardian. But they are thrown
upon the parish: the parish need not take the burden
upon itself, unless it chooses or has agreed to do so.
If a man is not kind to or fond of his wife I see no
law to make him. If he beats her, or threatens her
life, she as clearly has a right to call in the aid of a
constable or justice of peace. I do not see, in like
manner, how there can be law against gambling
(against cheating there may), nor against usury. A
man gives twenty, forty, a hundred per cent. with his
eyes open, but would he do it if strong necessity did
not impel him? Certainly no man would give double if
he could get the same advantage for half. There are
circumstances in which a rope to save me from drowning,
or a draught of water, would be worth all I have.
In like manner, lotteries are fair things; for the loss
is inconsiderable, and the advantage may be incalculable.
I do not believe the poor put into them, but
the reduced rich, the shabby-genteel. Players were
formerly prohibited as a nuisance, and fortune-tellers
still are liable to the Vagrant Act, which the parson
of the parish duly enforces, in his zeal to prevent
cheating and imposture, while he himself has his two
livings, and carries off a tenth of the produce of the
soil. Rape is an offence clearly punishable by law;
but I would not say that simple incontinence is so.
I will give one more example, which, though quaint,
may explain the distinction I aim at. A man may
commit suicide if he pleases, without being responsible
to any one. He may quit the world as he would quit
the country where he was born. But if any person
were to fling himself from the gallery into the pit of
a playhouse, so as to endanger the lives of others, if
150]
he did not succeed in killing himself, he would render
himself liable to punishment for the attempt, if it were
to be supposed that a person so desperately situated
would care about consequences. Duelling is lawful
on the same principle, where every precaution is taken
to show that the act is voluntary and fair on both
sides. I might give other instances, but these will
suffice. 2. There should be a perfect toleration in
matters of religion. In what relates to the salvation of
a man’s soul, he is infinitely more concerned than I
can be; and to pretend to dictate to him in this particular
is an infinite piece of impertinence and presumption.
But if a man has no religion at all? That does
not hinder me from having any. If he stood at the
church door and would not let me enter, I should
have a right to push him aside; but if he lets me pass
by without interruption, I have no right to turn back
and drag him in after me. He might as well force
me to have no religion as I force him to have one,
or burn me at a stake for believing what he does not.
Opinion, ‘like the wild goose, flies unclaimed of any
man’: heaven is like ‘the marble air, accessible to
all’; and therefore there is no occasion to trip up one
another’s heels on the road, or to erect a turnpike gate
to collect large sums from the passengers. How have
I a right to make another pay for the saving of my
soul, or to assist me in damning his? There should
be no secular interference in sacred things; no laws
to suppress or establish any church or sect in religion,
no religious persecutions, tests, or disqualifications;
the different sects should be left to inveigh and hate
each other as much as they please; but without the
love of exclusive domination and spiritual power there
would be little temptation to bigotry and intolerance.
3. As to the Rights of Property. It is of no use
a man’s being left to enjoy security, or to exercise his
freedom of action, unless he has a right to appropriate
certain other things necessary to his comfort and
subsistence to his own use. In a state of nature, or
rather of solitary independence, he has a right to all
151]
he can lay his hands on: what then limits this right?
Its being inconsistent with the same right in others.
This strikes a mathematical or logical balance between
two extreme and equal pretensions. As there is not
a natural and indissoluble connection between the
individual and his property, or those outward objects
of which he may have need (they being detached,
unlimited, and transferable), as there is between the
individual and his person, either as an organ of
sensation or action, it is necessary, in order to prevent
endless debate and quarrels, to fix upon some
other criterion or common ground of preference.
Animals, or savages, have no idea of any other right
than that of the strongest, and seize on all they can
get by force, without any regard to justice or an
equal claim. 1. One mode of settling the point is
to divide the spoil. That is allowing an equal advantage
to both. Thus boys, when they unexpectedly
find anything, are accustomed to cry ‘Halves!’ But
this is liable to other difficulties, and applies only to
the case of joint finding. 2. Priority of possession is
a fair way of deciding the right of property; first, on
the mere principle of a lottery, or the old saying,
‘First come, first served’; secondly, because the
expectation having been excited, and the will more
set upon it, this constitutes a powerful reason for not
violently forcing it to let go its hold. The greater
strength of volition is, we have seen, one foundation
of right; for supposing a person to be absolutely indifferent
to anything, he could properly set up no
claim to it. 3. Labour, or the having produced a
thing or fitted it for use by previous exertion, gives
this right, chiefly, indeed, for moral and final causes;
because if one enjoyed what another had produced,
there would be nothing but idleness and rapacity;
but also in the sense we are inquiring into, because
on a merely selfish ground the labour undergone,
or the time lost, is entitled to an equivalent cæteris
manentibus. 4. If another, voluntarily, or for a
consideration, resigns to me his right in anything,
152]
it to all intents and purposes becomes mine. This
accounts not only for gifts, the transfer of property
by bargains, etc., but for legacies, and the transmission
of property in families or otherwise. It is
hard to make a law to circumscribe this right of disposing
of what we have as we please; yet the boasted
law of primogeniture, which is professedly the bulwark
and guardian of property, is in direct violation
of this principle. 5, and lastly. Where a thing is
common, and there is enough for all, and no one
contributes to it, as air or water, there can be no
property in it. The proximity to a herring-fishery,
or the having been the first to establish a particular
traffic in such commodities, may perhaps give this
right by aggravating our will, as having a nearer or
longer power over them; but the rule is the other
way. It is on the same principle that poaching is
a kind of honest thieving, for that which costs no
trouble and is confined to no limits seems to belong
to no one exclusively (why else do poachers or country
people seize on this kind of property with the least
reluctance, but that it is the least like stealing?);
and as the game laws and the tenaciousness of the
rights to that which has least the character of property,
as most a point of honour, produced a revolution
in one country, so they are not unlikely to
produce it in another. The object and principle of
the laws of property, then, is this: 1. To supply
individuals and the community with what they need.
2. To secure an equal share to each individual, other
circumstances being the same. 3. To keep the peace
and promote industry and plenty, by proportioning
each man’s share to his own exertions, or to the
good-will and discretion of others. The intention,
then, being that no individual should rob another,
or be starved but by his refusing to work (the earth
and its produce being the natural estate of the community,
subject to these regulations of individual
right and public welfare), the question is, whether
any individual can have a right to rob or starve the
153]
whole community: or if the necessary discretion left
in the application of the principle has led to a state
of things subversive of the principle itself, and
destructive to the welfare and existence of the state,
whether the end being defeated, the law does not fall
to the ground, or require either a powerful corrective
or a total reconstruction. The end is superior to the
means, and the use of a thing does not justify its
abuse. If a clock is quite out of order and always
goes wrong, it is no argument to say it was set
right at first and on true mechanical principles, and
therefore it must go on as it has done, according to
all the rules of art; on the contrary, it is taken
to pieces, repaired, and the whole restored to the
original state, or, if this is impossible, a new one
is made. So society, when out of order, which it is
whenever the interests of the many are regularly and
outrageously sacrificed to those of the few, must be
repaired, and either a reform or a revolution cleanse
its corruptions and renew its elasticity. People talk
of the poor laws as a grievance. Either they or a
national bankruptcy, or a revolution, are necessary.
The labouring population have not doubled in the
last forty years; there are still no more than are
necessary to do the work in husbandry, etc., that is
indispensably required; but the wages of a labouring
man are no higher than they were forty years
ago, and the price of food and necessaries is at least
double what it was then, owing to taxes, grants,
monopolies, and immense fortunes gathered during
the war by the richer or more prosperous classes,
who have not ceased to propagate in the geometrical
ratio, though the poor have not done it, and the
maintaining of whose younger and increasing branches
in becoming splendour and affluence presses with
double weight on the poor and labouring classes.
The greater part of a community ought not to be
paupers or starving; and when a government by
obstinacy and madness has reduced them to that
state, it must either take wise and effectual measures
154]
to relieve them from it, or pay the forfeit of its own
wickedness and folly.
It seems, then, that a system of just and useful
laws may be constructed nearly, if not wholly, on the
principle of the right of self-defence, or the security for
person, liberty, and property. There are exceptions,
such, for instance, as in the case of children, idiots,
and insane persons. These common-sense dictates
for a general principle can only hold good where the
general conditions are complied with. There are
also mixed cases, partaking of civil and moral justice.
Is a man bound to support his children? Not in
strict political right; but he may be compelled to
forego all the benefits of civil society, if he does not
fulfil an engagement which, according to the feelings
and principles of that society, he has undertaken.
So in respect to marriage. It is a voluntary contract,
and the violation of it is punishable on the same plea
of sympathy and custom. Government is not necessarily
founded on common consent, but on the right
which society has to defend itself against all aggression.
But am I bound to pay or support the government
for defending the society against any violence
or injustice? No: but then they may withdraw the
protection of the law from me if I refuse, and it is
on this ground that the contributions of each individual
to the maintenance of the state are demanded.
Laws are, or ought to be, founded on the supposed
infraction of individual rights. If these rights, and
the best means of maintaining them, are always clear,
and there could be no injustice or abuse of power on
the part of the government, every government might
be its own lawgiver: but as neither of these is the
case, it is necessary to recur to the general voice for
settling the boundaries of right and wrong, and even
more for preventing the government, under pretence
of the general peace and safety, from subjecting the
whole liberties, rights, and resources of the community
to its own advantage and sole will.
1828.
155]