From On Liberty, 1859:
"The only freedom which deserves the name, is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it. Each is the proper guardian of his own health, whether bodily, or mental or spiritual. Mankind are greater gainers by suffering each other to live as seems good to themselves, than by compelling each to live as seems good to the rest.
"If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind. Were an opinion a personal possession of no value except to the owner; if to be obstructed in the enjoyment of it were simply a private injury, it would make some difference whether the injury was inflicted only on a few persons or on many. But the peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error. ...
"We can never be sure that the opinion we are endeavoring to stifle is a false opinion; and if we were sure, stifling it would be an evil still."
"To prevent the weaker members of the community from being preyed
upon by innumerable vultures, it was needful that there should be an animal
of prey stronger than the rest, commissioned to keep them down. But as
the king of the vultures would be no less bent upon preying upon the flock
than any of the minor harpies, it was indispensable to be in a perpetual
attitude of defence against his beak and claws. The aim, therefore, of
patriots, was to set limits to the power which the ruler should be suffered
to exercise over the community; and this limitation was what they meant
by liberty. It was attempted in two ways. First, by obtaining a recognition
of certain immunities, called political liberties or rights, which it was
to be regarded as a breach of duty in the ruler to infringe, and which,
if he did infringe, specific resistance, or general rebellion, was held
to be justifiable. A second, and generally a later expedient, was the establishment
of constitutional checks; by which the consent of the community, or of
a body of some sort supposed to represent its interests, was made a necessary
condition to some of the more important acts of the governing power."
Inherent Dilemma of a Democracy
Links to the Foundations of our Freedom
go to Vinson Law home page