Of The Limits To The Authority Of Society Over The Individual

WHAT, then, is the rightful limit to the sovereignty of the individual over himself? Where does the authority of society begin? How much of human life should be assigned to individuality, and how much to society?

Each will receive its proper share, if each has that which more particularly concerns it. To individuality should belong the part of life in which it is chiefly the individual that is interested; to society, the part which chiefly interests society.

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.

What I contend for is, that the inconveniences which are strictly inseparable from the unfavorable judgment of others, are the only ones to which a person should ever be subjected for that portion of his conduct and character which concerns his own good, but which does not affect the interests of others in their relations with him. Acts injurious to others require a totally different treatment. Encroachment on their rights; infliction on them of any loss or damage not justified by his own rights; falsehood or duplicity in dealing with them; unfair or ungenerous use of advantages over them; even selfish abstinence from defending them against injury--these are fit objects of moral reprobation, and, in grave cases, of moral retribution and punishment. And not only these acts, but the dispositions which lead to them, are properly immoral, and fit subjects of disapprobation which may rise to abhorrence. Cruelty of disposition; malice and ill-nature; that most anti-social and odious of all passions, envy; dissimulation and insincerity, irascibility on insufficient cause, and resentment disproportioned to the provocation; the love of domineering over others; the desire to engross more than one's share of advantages (the pleonexia of the Greeks); the pride which derives gratification from the abasement of others; the egotism which thinks self and its concerns more important than everything else, and decides all doubtful questions in his own favor;--these are moral vices, and constitute a bad and odious moral character: unlike the self-regarding faults previously mentioned, which are not properly immoralities, and to whatever pitch they may be carried, do not constitute wickedness. They may be proofs of any amount of folly, or want of personal dignity and self-respect; but they are only a subject of moral reprobation when they involve a breach of duty to others, for whose sake the individual is bound to have care for himself. What are called duties to ourselves are not socially obligatory, unless circumstances render them at the same time duties to others. The term duty to oneself, when it means anything more than prudence, means self-respect or self-development; and for none of these is any one accountable to his fellow-creatures, because for none of them is it for the good of mankind that he be held accountable to them.

The distinction between the loss of consideration which a person may rightly incur by defect of prudence or of personal dignity, and the reprobation which is due to him for an offence against the rights of others, is not a merely nominal distinction. It makes a vast difference both in our feelings and in our conduct towards him, whether he displeases us in things in which we think we have a right to control him, or in things in which we know that we have not. If he displeases us, we may express our distaste, and we may stand aloof from a person as well as from a thing that displeases us; but we shall not therefore feel called on to make his life uncomfortable. We shall reflect that he already bears, or will bear, the whole penalty of his error; if he spoils his life by mismanagement, we shall not, for that reason, desire to spoil it still further: instead of wishing to punish him, we shall rather endeavor to alleviate his punishment, by showing him how he may avoid or cure the evils his conduct tends to bring upon him. He may be to us an object of pity, perhaps of dislike, but not of anger or resentment; we shall not treat him like an enemy of society: the worst we shall think ourselves justified in doing is leaving him to himself, If we do not interfere benevolently by showing interest or concern for him. It is far otherwise if he has infringed the rules necessary for the protection of his fellow-creatures, individually or collectively. The evil consequences of his acts do not then fall on himself, but on others; and society, as the protector of all its members, must retaliate on him; must inflict pain on him for the express purpose of punishment, and must take care that it be sufficiently severe. In the one case, he is an offender at our bar, and we are called on not only to sit in judgment on him, but, in one shape or another, to execute our own sentence: in the other case, it is not our part to inflict any suffering on him, except what may incidentally follow from our using the same liberty in the regulation of our own affairs, which we allow to him in his.

Well, a totally "Free" society would or could be one of Anarchy. However, this would have a very short life. Eventually, a society of sorts would appear. This society would start out with the strongest and most brutal being in control. The resources and everything of importance would be in the hands of this small group of people. Eventually, over a period of time, a structured society would develop. That society would eventually enable some sort of "cross talk" between the two layers.

But in every case, due to the nature of man, there will always be a sort of entropy that forces a society of sorts upon an individual.

In a realist sense, I kind of agree with the authors points to some extent. However, ideally, the individual will always trup the society, as by nature we are of God. Where Society is a construct of man. God's works will always trump that of man.

I guess this is one of the fundamental differences between a Conservative-Libertarion and a Populist-Social-Democrat. One believes in a God that provides a divine spark of understanding to an individual, and the other believes in a gathered society of worthy intellect.

I'll stick with God. I can't prove that he or it exists, but I believe inherently in the worth and promise of the individual. Even though the arugments do make a case for that of society.

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.

Untrue. To accept this is to accept gay rights, etc, etc.

Here is my version:

We as a people believe in freedom, individual freedom. That is, at least we are supposed to, but its obvious many of us have accepted communistic principles as valid, but I digress...

So what is this individual freedom? How do we define it as, at least, a starting point, a thing to conserve? Freedom means the ability to exercise ones natural rights in a stable society -- amongst your fellow man and 'civilization'.

Your natural rights axiom: Man has the right to do as he pleases as long as his actions do not physically harm another or his property. Should they do so, man also has the right of compensation by those who harm him.

This is our 'precious liberty' we attempt to preserve and there needs to be a high bar protecting it from erosion.

As individuals, we come together and create a government to provide the basic criminal system to secure this liberty. This government is serves first and foremost the interests of the individual. It is his franchise.

Now, by the sheer fact that these individuals live in a common land, own property and form a nation as well as uphold these common beliefs deep in our heart we implicitly pledge our lives in defence of this creation, this Nation. We are the underwriters, morally bound to give our lives in its defense simply due to that fact of geography, both physical and philosophical.

The facets of government that are created are a justice system, a monetary standard, and defence system. Within the justice system however our government is allowed to offer assurances or privileges that help ease the burden on itself. These instruments are licensing and incorporation. Licensing is a way of demonstrating to the court, in times of lawsuit, that you are prudent and competent to engage in your business, and the court will take that into consideration -- it is a form of protection. The same goes for incorporation -- it protects owners from liability.

Licensing may not be required except in the most extenuating circumstances where the potential loss is grevious (Hazardous materials, Large scale construction), so, in general licensing and incorporation are PRIVILEGES: no one forces them on you.

Because they are privileges, the government (us individuals) may set the terms for thier acquisition and use: TAXES.

Us individuals however, cannot be taxed. Even if the majority wanted to have an income tax we still cannot because: EXCHANGING YOUR LABOR FOR THE MEANS TO LIVE IS A RIGHT. A right of the individual. As a right it cannot be taxed because that would be charging a fee to access a right - it is a contradiction.

Nor may we be 'sales taxed' as individuals UNLESS the business selling goods is incorporated (accessing a government privilege).

The other legit source of taxes is import tariffs -- charging to access our market. This form of taxation leaves the INDIVIDUAL the most choice and freedom to adjust his tax burden: he may buy from a non-corporate proprietor or he may simply 'buy American'.

Now, whats left is civil law. This is the system we set up that compensates for things other than CRIME (intentional/negligent physical harm to property/persons). It handles things such as fraud, slander, and 'endangerment' (accidents that occur, and those that dont).

Agents of the state must not be allowed to issue these 'civil infractions' they must come from the aggrieved party.

As you can see, there is no confusion as to what laws are proper -- you may only deter CRIME by lawful punishments after a crime has occurred, and you may only deter CIVIL HARM by restitution ordered by a civil court.

THERE IS NO "PREVENTATIVE, CRIME PRE-EMPTING" LAWS. No rules or regulations (unless you access government PRIVILEGE).

You may not use public funds as CHARITY, such as welfare, nor ECONOMIC ENHANCEMENTS, such as stadiums. EACH ENDEAVOR of the government, such as 'licensing of doctors' is a seperate fund account that gets its money FROM the people accessing that privilege.

Bottom line: All things are done to PRESERVE INDIVIDUAL LIBERTY, it only comes under assault when there is no other choice whatsoever, it is the thing we are here to conserve and protect, not winnow away. It is a nestegg.

13] For, brethren, ye have been called unto liberty; only use not liberty for an occasion to the flesh, but by love serve one another.
[14] For all the law is fulfilled in one word, even in this; Thou shalt love thy neighbour as thyself.
[15] But if ye bite and devour one another, take heed that ye be not consumed one of another.
[16] This I say then, Walk in the Spirit, and ye shall not fulfill the lust of the flesh.
[17] For the flesh lusteth against the Spirit, and the Spirit against the flesh: and these are contrary the one to the other: so that ye cannot do the things that ye would.
[18] But if ye be led of the Spirit, ye are not under the law.
[19] Now the works of the flesh are manifest, which are these; Adultery, fornication, uncleanness, lasciviousness,
[20] Idolatry, witchcraft, hatred, variance, emulations, wrath, strife, seditions, heresies,
[21] Envyings, murders, drunkenness, revellings, and such like: of the which I tell you before, as I have also told you in time past, that they which do such things shall not inherit the kingdom of God.
[22] But the fruit of the Spirit is love, joy, peace, longsuffering, gentleness, goodness, faith,
[23] Meekness, temperance: against such there is no law.
[24] And they that are Christ's have crucified the flesh with the affections and lusts.
[25] If we live in the Spirit, let us also walk in the Spirit.
[26] Let us not be desirous of vain glory, provoking one another, envying one another.

Gal.6
[1] Brethren, if a man be overtaken in a fault, ye which are spiritual, restore such an one in the spirit of meekness; considering thyself, lest thou also be tempted.
[2] Bear ye one another's burdens, and so fulfil the law of Christ.

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