ON
LIBERTY
(1859)
By
JOHN
STUART MILL
Chapter
I: Introductory
THE
SUBJECT of this Essay is not the so-called Liberty of the Will, so
unfortunately opposed to the misnamed doctrine of Philosophical Necessity; but
Civil, or Social Liberty: the nature and limits of the power which can be
legitimately exercised by society over the individual. A question seldom
stated, and hardly ever discussed, in general terms, but which profoundly
influences the practical controversies of the age by its latent presence, and
is likely soon to make itself recognised as the vital question of the future.
It is so far from being new, that, in a certain sense, it has divided mankind,
almost from the remotest ages; but in the stage of progress into which the more
civilized portions of the species have now entered, it presents itself under
new conditions, and requires a different and more fundamental treatment.
The struggle between Liberty and Authority
is the most conspicuous feature in the portions of history with which we are
earliest familiar, particularly in that of Greece, Rome, and England. But in
old times this contest was between subjects, or some classes of subjects, and
the Government. By liberty, was meant protection against the tyranny of the
political rulers. The rulers were conceived (except in some of the popular
governments of Greece) as in a necessarily antagonistic position to the people
whom they ruled. They consisted of a governing One, or a governing tribe or
caste, who derived their authority from inheritance or conquest, who, at all
events, did not hold it at the pleasure of the governed, and whose supremacy
men did not venture, perhaps did not desire, to contest, whatever precautions
might be taken against its oppressive exercise. Their power was regarded as
necessary, but also as highly dangerous; as a weapon which they would attempt
to use against their subjects, no less than against external enemies.
To
prevent the weaker members of the community from being preyed on 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.
To the first of these modes of limitation, the ruling power, in most European
countries, was compelled, more or less, to submit. It was not so with the
second; and, to attain this, or when already in some degree possessed, to
attain it more completely, became everywhere the principal object of the lovers
of liberty. And so long as mankind were content to combat one enemy by another,
and to be ruled by a master, on condition of being guaranteed more or less
efficaciously against his tyranny, they did not carry their aspirations beyond
this point.
A time, however, came, in the progress of
human affairs, when men ceased to think it a necessity of nature that their
governors should be an independent power, opposed in interest to themselves. It
appeared to them much better that the various magistrates of the State should
be their tenants or delegates, revocable at their pleasure. In that way alone,
it seemed, could they have complete security that the powers of government
would never be abused to their disadvantage. By degrees this new demand for
elective and temporary rulers became the prominent object of the exertions of
the popular party, wherever any such party existed; and superseded, to a
considerable extent, the previous efforts to limit the power of rulers. As the
struggle proceeded for making the ruling power emanate from the periodical
choice of the ruled, some persons began to think that too much importance had
been attached to the limitation of the power itself. That (it might seem) was a
resource against rulers whose interests were habitually opposed to those of the
people. What was now wanted was, that the rulers should be identified with the
people; that their interest and will should be the interest and will of the
nation.
The
nation did not need to be protected against its own will. There was no fear of
its tyrannizing over itself. Let the rulers be effectually responsible to it,
promptly removable by it, and it could afford to trust them with power of which
it could itself dictate the use to be made. Their power was but the nation's
own power, concentrated, and in a form convenient for exercise. This mode of
thought, or rather perhaps of feeling, was common among the last generation of
European liberalism, in the Continental section of which it still apparently
predominates. Those who admit any limit to what a government may do, except in
the case of such governments as they think ought not to exist, stand out as
brilliant exceptions among the political thinkers of the Continent. A similar
tone of sentiment might by this time have been prevalent in our own country, if
the circumstances which for a time encouraged it, had continued unaltered.
But, in political and philosophical
theories, as well as in persons, success discloses faults and infirmities which
failure might have concealed from observation. The notion, that the people have
no need to limit their power over themselves, might seem axiomatic, when
popular government was a thing only dreamed about, or read of as having existed
at some distant period of the past. Neither was that notion necessarily
disturbed by such temporary aberrations as those of the French Revolution, the
worst of which were the work of an usurping few, and which, in any case,
belonged, not to the permanent working of popular institutions, but to a sudden
and convulsive outbreak against monarchical and aristocratic despotism. In
time, however, a democratic republic came to occupy a large portion of the
earth's surface, and made itself felt as one of the most powerful members of
the community of nations; and elective and responsible government became
subject to the observations and criticisms which wait upon a great existing
fact.
It was
now perceived that such phrases as "self-government," and "the
power of the people over themselves," do not express the true state of the
case. The "people" who exercise the power are not always the same
people with those over whom it is exercised; and the "self-government"
spoken of is not the government of each by himself, but of each by all the
rest. The will of the people, moreover, practically means the will of the most
numerous or the most active part of the people; the majority, or those who
succeed in making themselves accepted as the majority; the people,
consequently, may desire to oppress a part of their number; and precautions are
as much needed against this as against any other abuse of power. The
limitation, therefore, of the power of government over individuals loses none of
its importance when the holders of power are regularly accountable to the
community, that is, to the strongest party therein. This view of things,
recommending itself equally to the intelligence of thinkers and to the
inclination of those important classes in European society to whose real or
supposed interests democracy is adverse, has had no difficulty in establishing
itself; and in political speculations "the tyranny of the majority"
is now generally included among the evils against which society requires to be
on its guard.
Like other tyrannies, the tyranny of the
majority was at first, and is still vulgarly, held in dread, chiefly as
operating through the acts of the public authorities. But reflecting persons
perceived that when society is itself the tyrant—society collectively, over the
separate individuals who compose it—its means of tyrannizing are not restricted
to the acts which it may do by the hands of its political functionaries.
Society can and does execute its own mandates: and if it issues wrong mandates
instead of right, or any mandates at all in things with which it ought not to
meddle, it practises a social tyranny more formidable than many kinds of political
oppression, since, though not usually upheld by such extreme penalties, it
leaves fewer means of escape, penetrating much more deeply into the details of
life, and enslaving the soul itself. Protection, therefore, against the tyranny
of the magistrate is not enough: there needs protection also against the
tyranny of the prevailing opinion and feeling; against the tendency of society
to impose, by other means than civil penalties, its own ideas and practices as
rules of conduct on those who dissent from them; to fetter the development,
and, if possible, prevent the formation, of any individuality not in harmony
with its ways, and compel all characters to fashion themselves upon the model
of its own. There is a limit to the legitimate interference of collective
opinion with individual independence: and to find that limit, and maintain it
against encroachment, is as indispensable to a good condition of human affairs,
as protection against political despotism.
But though this proposition is not likely to
be contested in general terms, the practical question, where to place the
limit—how to make the fitting adjustment between individual independence and
social control—is a subject on which nearly everything remains to be done. All
that makes existence valuable to any one, depends on the enforcement of
restraints upon the actions of other people. Some rules of conduct, therefore,
must be imposed, by law in the first place, and by opinion on many things which
are not fit subjects for the operation of law. What these rules should be, is
the principal question in human affairs; but if we except a few of the most
obvious cases, it is one of those which least progress has been made in
resolving. No two ages, and scarcely any two countries, have decided it alike;
and the decision of one age or country is a wonder to another.
Yet the
people of any given age and country no more suspect any difficulty in it, than
if it were a subject on which mankind had always been agreed. The rules which
obtain among themselves appear to them self-evident and self-justifying. This
all but universal illusion is one of the examples of the magical influence of
custom, which is not only, as the proverb says, a second nature, but is
continually mistaken for the first. The effect of custom, in preventing any
misgiving respecting the rules of conduct which mankind impose on one another,
is all the more complete because the subject is one on which it is not generally
considered necessary that reasons should be given, either by one person to
others, or by each to himself. People are accustomed to believe, and have been
encouraged in the belief by some who aspire to the character of philosophers,
that their feelings, on subjects of this nature, are better than reasons, and
render reasons unnecessary. The practical principle which guides them to their
opinions on the regulation of human conduct, is the feeling in each person's
mind that everybody should be required to act as he, and those with whom he
sympathizes, would like them to act. No one, indeed, acknowledges to himself
that his standard of judgment is his own liking; but an opinion on a point of
conduct, not supported by reasons, can only count as one person's preference;
and if the reasons, when given, are a mere appeal to a similar preference felt
by other people, it is still only many people's liking instead of one. To an
ordinary man, however, his own preference, thus supported, is not only a
perfectly satisfactory reason, but the only one he generally has for any of his
notions of morality, taste, or propriety, which are not expressly written in
his religious creed; and his chief guide in the interpretation even of that.
Men's
opinions, accordingly, on what is laudable or blameable, are affected by all
the multifarious causes which influence their wishes in regard to the conduct
of others, and which are as numerous as those which determine their wishes on
any other subject. Sometimes their reason—at other times their prejudices or
superstitions: often their social affections, not seldom their antisocial ones,
their envy or jealousy, their arrogance or contemptuousness: but most commonly,
their desires or fears for themselves—their legitimate or illegitimate
self-interest. Wherever there is an ascendant class, a large portion of the
morality of the country emanates from its class interests, and its feelings of
class superiority. The morality between Spartans and Helots, between planters
and negroes, between princes and subjects, between nobles and roturiers,
between men and women, has been for the most part the creation of these class
interests and feelings: and the sentiments thus generated, react in turn upon
the moral feelings of the members of the ascendant class, in their relations
among themselves.
Where,
on the other hand, a class, formerly ascendant, has lost its ascendancy, or
where its ascendancy is unpopular, the prevailing moral sentiments frequently
bear the impress of an impatient dislike of superiority. Another grand
determining principle of the rules of conduct, both in act and forbearance,
which have been enforced by law or opinion, has been the servility of mankind
towards the supposed preferences or aversions of their temporal masters, or of
their gods. This servility, though essentially selfish, is not hypocrisy; it
gives rise to perfectly genuine sentiments of abhorrence; it made men burn
magicians and heretics. Among so many baser influences, the general and obvious
interests of society have of course had a share, and a large one, in the
direction of the moral sentiments: less, however, as a matter of reason, and on
their own account, than as a consequence of the sympathies and antipathies
which grew out of them: and sympathies and antipathies which had little or
nothing to do with the interests of society, have made themselves felt in the
establishment of moralities with quite as great force.
The likings and dislikings of society, or of
some powerful portion of it, are thus the main thing which has practically
determined the rules laid down for general observance, under the penalties of
law or opinion. And in general, those who have been in advance of society in
thought and feeling, have left this condition of things unassailed in
principle, however they may have come into conflict with it in some of its
details. They have occupied themselves rather in inquiring what things society
ought to like or dislike, than in questioning whether its likings or dislikings
should be a law to individuals.
They
preferred endeavouring to alter the feelings of mankind on the particular
points on which they were themselves heretical, rather than make common cause
in defence of freedom, with heretics generally. The only case in which the
higher ground has been taken on principle and maintained with consistency, by
any but an individual here and there, is that of religious belief: a case
instructive in many ways, and not least so as forming a most striking instance
of the fallibility of what is called the moral sense: for the odium
theologicum, in a sincere bigot, is one of the most unequivocal cases of moral
feeling. Those who first broke the yoke of what called itself the Universal
Church, were in general as little willing to permit difference of religious
opinion as that church itself. But when the heat of the conflict was over,
without giving a complete victory to any party, and each church or sect was
reduced to limit its hopes to retaining possession of the ground it already
occupied; minorities, seeing that they had no chance of becoming majorities,
were under the necessity of pleading to those whom they could not convert, for
permission to differ. It is accordingly on this battle field, almost solely,
that the rights of the individual against society have been asserted on broad
grounds of principle, and the claim of society to exercise authority over
dissentients, openly controverted.
The
great writers to whom the world owes what religious liberty it possesses, have
mostly asserted freedom of conscience as an indefeasible right, and denied
absolutely that a human being is accountable to others for his religious
belief. Yet so natural to mankind is intolerance in whatever they really care
about, that religious freedom has hardly anywhere been practically realized,
except where religious indifference, which dislikes to have its peace disturbed
by theological quarrels, has added its weight to the scale. In the minds of
almost all religious persons, even in the most tolerant countries, the duty of
toleration is admitted with tacit reserves. One person will bear with dissent
in matters of church government, but not of dogma; another can tolerate
everybody, short of a Papist or an Unitarian; another, every one who believes
in revealed religion; a few extend their charity a little further, but stop at
the belief in a God and in a future state. Wherever the sentiment of the
majority is still genuine and intense, it is found to have abated little of its
claim to be obeyed.
In England, from the peculiar circumstances
of our political history, though the yoke of opinion is perhaps heavier, that
of law is lighter, than in most other countries of Europe; and there is
considerable jealousy of direct interference, by the legislative or the
executive power, with private conduct; not so much from any just regard for the
independence of the individual, as from the still subsisting habit of looking
on the government as representing an opposite interest to the public. The
majority have not yet learnt to feel the power of the government their power,
or its opinions their opinions. When they do so, individual liberty will
probably be as much exposed to invasion from the government, as it already is
from public opinion. But, as yet, there is a considerable amount of feeling
ready to be called forth against any attempt of the law to control individuals
in things in which they have not hitherto been accustomed to be controlled by
it; and this with very little discrimination as to whether the matter is, or is
not, within the legitimate sphere of legal control; insomuch that the feeling,
highly salutary on the whole, is perhaps quite as often misplaced as well
grounded in the particular instances of its application. There is, in fact, no
recognised principle by which the propriety or impropriety of government
interference is customarily tested. People decide according to their personal
preferences.
Some,
whenever they see any good to be done, or evil to be remedied, would willingly
instigate the government to undertake the business; while others prefer to bear
almost any amount of social evil, rather than add one to the departments of
human interests amenable to governmental control. And men range themselves on
one or the other side in any particular case, according to this general
direction of their sentiments; or according to the degree of interest which
they feel in the particular thing which it is proposed that the government
should do, or according to the belief they entertain that the government would,
or would not, do it in the manner they prefer; but very rarely on account of
any opinion to which they consistently adhere, as to what things are fit to be
done by a government. And it seems to me that in consequence of this absence of
rule or principle, one side is at present as often wrong as the other; the
interference of government is, with about equal frequency, improperly invoked
and improperly condemned.
The object of this Essay is to assert one
very simple principle, as entitled to govern absolutely the dealings of society
with the individual in the way of compulsion and control, whether the means
used be physical force in the form of legal penalties, or the moral coercion of
public opinion. That principle is, that the sole end for which mankind are
warranted, individually or collectively, in interfering with the liberty of
action of any of their number, is self-protection. That the only purpose for
which power can be rightfully exercised over any member of a civilized
community, against his will, is to prevent harm to others. His own good, either
physical or moral, is not a sufficient warrant. He cannot rightfully be
compelled to do or forbear because it will be better for him to do so, because
it will make him happier, because, in the opinions of others, to do so would be
wise, or even right. These are good reasons for remonstrating with him, or
reasoning with him, or persuading him, or entreating him, but not for
compelling him, or visiting him with any evil in case he do otherwise. To
justify that, the conduct from which it is desired to deter him, must be
calculated to produce evil to some one else. The only part of the conduct of
any one, for which he is amenable to society, is that which concerns others. In
the part which merely concerns himself, his independence is, of right,
absolute. Over himself, over his own body and mind, the individual is
sovereign.
It is, perhaps, hardly necessary to say that
this doctrine is meant to apply only to human beings in the maturity of their
faculties. We are not speaking of children, or of young persons below the age
which the law may fix as that of manhood or womanhood. Those who are still in a
state to require being taken care of by others, must be protected against their
own actions as well as against external injury. For the same reason, we may
leave out of consideration those backward states of society in which the race
itself may be considered as in its nonage. The early difficulties in the way of
spontaneous progress are so great, that there is seldom any choice of means for
overcoming them; and a ruler full of the spirit of improvement is warranted in
the use of any expedients that will attain an end, perhaps otherwise
unattainable. Despotism is a legitimate mode of government in dealing with
barbarians, provided the end be their improvement, and the means justified by
actually effecting that end. Liberty, as a principle, has no application to any
state of things anterior to the time when mankind have become capable of being
improved by free and equal discussion. Until then, there is nothing for them
but implicit obedience to an Akbar or a Charlemagne, if they are so fortunate
as to find one. But as soon as mankind have attained the capacity of being
guided to their own improvement by conviction or persuasion (a period long
since reached in all nations with whom we need here concern ourselves),
compulsion, either in the direct form or in that of pains and penalties for
non-compliance, is no longer admissible as a means to their own good, and
justifiable only for the security of others.
It is proper to state that I forego any
advantage which could be derived to my argument from the idea of abstract
right, as a thing independent of utility. I regard utility as the ultimate
appeal on all ethical questions; but it must be utility in the largest sense,
grounded on the permanent interests of man as a progressive being. Those
interests, I contend, authorize the subjection of individual spontaneity to
external control, only in respect to those actions of each, which concern the
interest of other people. If any one does an act hurtful to others, there is a
primâ facie case for punishing him, by law, or, where legal penalties are not
safely applicable, by general disapprobation. There are also many positive acts
for the benefit of others, which he may rightfully be compelled to perform;
such as, to give evidence in a court of justice; to bear his fair share in the
common defence, or in any other joint work necessary to the interest of the
society of which he enjoys the protection; and to perform certain acts of
individual beneficence, such as saving a fellow-creature's life, or interposing
to protect the defenceless against ill-usage, things which whenever it is
obviously a man's duty to do, he may rightfully be made responsible to society
for not doing. A person may cause evil to others not only by his actions but by
his inaction, and in either case he is justly accountable to them for the
injury.
The
latter case, it is true, requires a much more cautious exercise of compulsion
than the former. To make any one answerable for doing evil to others, is the
rule; to make him answerable for not preventing evil, is, comparatively
speaking, the exception. Yet there are many cases clear enough and grave enough
to justify that exception. In all things which regard the external relations of
the individual, he is de jure amenable to those whose interests are concerned,
and if need be, to society as their protector. There are often good reasons for
not holding him to the responsibility; but these reasons must arise from the
special expediencies of the case: either because it is a kind of case in which
he is on the whole likely to act better, when left to his own discretion, than
when controlled in any way in which society have it in their power to control
him; or because the attempt to exercise control would produce other evils,
greater than those which it would prevent. When such reasons as these preclude
the enforcement of responsibility, the conscience of the agent himself should
step into the vacant judgment seat, and protect those interests of others which
have no external protection; judging himself all the more rigidly, because the
case does not admit of his being made accountable to the judgment of his
fellow-creatures.
But there is a sphere of action in which
society, as distinguished from the individual, has, if any, only an indirect
interest; comprehending all that portion of a person's life and conduct which
affects only himself, or if it also affects others, only with their free,
voluntary, and undeceived consent and participation. When I say only himself, I
mean directly, and in the first instance: for whatever affects himself, may
affect others through himself; and the objection which may be grounded on this
contingency, will receive consideration in the sequel. This, then, is the
appropriate region of human liberty. It comprises, first, the inward domain of
consciousness; demanding liberty of conscience, in the most comprehensive
sense; liberty of thought and feeling; absolute freedom of opinion and
sentiment on all subjects, practical or speculative, scientific, moral, or
theological.
The
liberty of expressing and publishing opinions may seem to fall under a
different principle, since it belongs to that part of the conduct of an
individual which concerns other people; but, being almost of as much importance
as the liberty of thought itself, and resting in great part on the same
reasons, is practically inseparable from it. Secondly, the principle requires
liberty of tastes and pursuits; of framing the plan of our life to suit our own
character; of doing as we like, subject to such consequences as may follow:
without impediment from our fellow-creatures, so long as what we do does not
harm them, even though they should think our conduct foolish, perverse, or
wrong. Thirdly, from this liberty of each individual, follows the liberty,
within the same limits, of combination among individuals; freedom to unite, for
any purpose not involving harm to others: the persons combining being supposed
to be of full age, and not forced or deceived.
No society in which these liberties are not,
on the whole, respected, is free, whatever may be its form of government; and
none is completely free in which they do not exist absolute and unqualified.
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 and 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.
Though this doctrine is anything but new,
and, to some persons, may have the air of a truism, there is no doctrine which
stands more directly opposed to the general tendency of existing opinion and
practice. Society has expended fully as much effort in the attempt (according
to its lights) to compel people to conform to its notions of personal, as of
social excellence. The ancient commonwealths thought themselves entitled to practise,
and the ancient philosophers countenanced, the regulation of every part of
private conduct by public authority, on the ground that the State had a deep
interest in the whole bodily and mental discipline of every one of its
citizens; a mode of thinking which may have been admissible in small republics
surrounded by powerful enemies, in constant peril of being subverted by foreign
attack or internal commotion, and to which even a short interval of relaxed
energy and self-command might so easily be fatal, that they could not afford to
wait for the salutary permanent effects of freedom.
In the
modern world, the greater size of political communities, and above all, the
separation between spiritual and temporal authority (which placed the direction
of men's consciences in other hands than those which controlled their worldly
affairs), prevented so great an interference by law in the details of private
life; but the engines of moral repression have been wielded more strenuously
against divergence from the reigning opinion in self-regarding, than even in
social matters; religion, the most powerful of the elements which have entered
into the formation of moral feeling, having almost always been governed either
by the ambition of a hierarchy, seeking control over every department of human
conduct, or by the spirit of Puritanism. And some of those modern reformers who
have placed themselves in strongest opposition to the religions of the past,
have been noway behind either churches or sects in their assertion of the right
of spiritual domination: M. Comte, in particular, whose social system, as
unfolded in his Systeme de Politique Positive, aims at establishing (though by
moral more than by legal appliances) a despotism of society over the
individual, surpassing anything contemplated in the political ideal of the most
rigid disciplinarian among the ancient philosophers.
Apart from the peculiar tenets of individual
thinkers, there is also in the world at large an increasing inclination to
stretch unduly the powers of society over the individual, both by the force of
opinion and even by that of legislation: and as the tendency of all the changes
taking place in the world is to strengthen society, and diminish the power of
the individual, this encroachment is not one of the evils which tend
spontaneously to disappear, but, on the contrary, to grow more and more
formidable. The disposition of mankind, whether as rulers or as fellow-citizens,
to impose their own opinions and inclinations as a rule of conduct on others,
is so energetically supported by some of the best and by some of the worst
feelings incident to human nature, that it is hardly ever kept under restraint
by anything but want of power; and as the power is not declining, but growing,
unless a strong barrier of moral conviction can be raised against the mischief,
we must expect, in the present circumstances of the world, to see it increase.
It will be convenient for the argument, if,
instead of at once entering upon the general thesis, we confine ourselves in
the first instance to a single branch of it, on which the principle here stated
is, if not fully, yet to a certain point, recognised by the current opinions.
This one branch is the Liberty of Thought: from which it is impossible to
separate the cognate liberty of speaking and of writing. Although these
liberties, to some considerable amount, form part of the political morality of
all countries which profess religious toleration and free institutions, the
grounds, both philosophical and practical, on which they rest, are perhaps not
so familiar to the general mind, nor so thoroughly appreciated by many even of
the leaders of opinion, as might have been expected. Those grounds, when
rightly understood, are of much wider application than to only one division of
the subject, and a thorough consideration of this part of the question will be
found the best introduction to the remainder. Those to whom nothing which I am
about to say will be new, may therefore, I hope, excuse me, if on a subject
which for now three centuries has been so often discussed, I venture on one
discussion more.
Chapter
II: Of the Liberty of Thought and Discussion
THE
TIME, it is to be hoped, is gone by, when any defence would be necessary of the
"liberty of the press" as one of the securities against corrupt or
tyrannical government. No argument, we may suppose, can now be needed, against
permitting a legislature or an executive, not identified in interest with the
people, to prescribe opinions to them, and determine what doctrines or what
arguments they shall be allowed to hear. This aspect of the question, besides,
has been so often and so triumphantly enforced by preceding writers, that it
needs not be specially insisted on in this place. Though the law of England, on
the subject of the press, is as servile to this day as it was in the time of
the Tudors, there is little danger of its being actually put in force against
political discussion, except during some temporary panic, when fear of
insurrection drives ministers and judges from their propriety; (Note 1) and,
speaking generally, it is not, in constitutional countries, to be apprehended,
that the government, whether completely responsible to the people or not, will
often attempt to control the expression of opinion, except when in doing so it
makes itself the organ of the general intolerance of the public. Let us suppose,
therefore, that the government is entirely at one with the people, and never
thinks of exerting any power of coercion unless in agreement with what it
conceives to be their voice.
But I
deny the right of the people to exercise such coercion, either by themselves or
by their government. The power itself is illegitimate. The best government has
no more title to it than the worst. It is as noxious, or more noxious, when
exerted in accordance with public opinion, than when in opposition to it. 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.
It is necessary to consider separately these
two hypotheses, each of which has a distinct branch of the argument
corresponding to it. We can never be sure that the opinion we are endeavouring
to stifle is a false opinion; and if we were sure, stifling it would be an evil
still.
First: the opinion which it is attempted to
suppress by authority may possibly be true. Those who desire to suppress it, of
course deny its truth; but they are not infallible. They have no authority to
decide the question for all mankind, and exclude every other person from the
means of judging. To refuse a hearing to an opinion, because they are sure that
it is false, is to assume that their certainty is the same thing as absolute
certainty. All silencing of discussion is an assumption of infallibility. Its
condemnation may be allowed to rest on this common argument, not the worse for
being common.
Unfortunately for the good sense of mankind,
the fact of their fallibility is far from carrying the weight in their
practical judgment, which is always allowed to it in theory; for while every
one well knows himself to be fallible, few think it necessary to take any
precautions against their own fallibility, or admit the supposition that any
opinion, of which they feel very certain, may be one of the examples of the
error to which they acknowledge themselves to be liable. Absolute princes, or
others who are accustomed to unlimited deference, usually feel this complete
confidence in their own opinions on nearly all subjects. People more happily
situated, who sometimes hear their opinions disputed, and are not wholly unused
to be set right when they are wrong, place the same unbounded reliance only on
such of their opinions as are shared by all who surround them, or to whom they
habitually defer: for in proportion to a man's want of confidence in his own
solitary judgment, does he usually repose, with implicit trust, on the
infallibility of "the world" in general. And the world, to each
individual, means the part of it with which he comes in contact; his party, his
sect, his church, his class of society: the man may be called, by comparison,
almost liberal and large-minded to whom it means anything so comprehensive as
his own country or his own age.
Nor is
his faith in this collective authority at all shaken by his being aware that
other ages, countries, sects, churches, classes, and parties have thought, and
even now think, the exact reverse. He devolves upon his own world the
responsibility of being in the right against the dissentient worlds of other
people; and it never troubles him that mere accident has decided which of these
numerous worlds is the object of his reliance, and that the same causes which
make him a Churchman in London, would have made him a Buddhist or a Confucian
in Pekin. Yet it is as evident in itself, as any amount of argument can make
it, that ages are no more infallible than individuals; every age having held
many opinions which subsequent ages have deemed not only false but absurd; and
it is as certain that many opinions, now general, will be rejected by future
ages, as it is that many, once general, are rejected by the present.
The objection likely to be made to this
argument, would probably take some such form as the following. There is no
greater assumption of infallibility in forbidding the propagation of error,
than in any other thing which is done by public authority on its own judgment
and responsibility. Judgment is given to men that they may use it. Because it
may be used erroneously, are men to be told that they ought not to use it at
all? To prohibit what they think pernicious, is not claiming exemption from
error, but fulfilling the duty incumbent on them, although fallible, of acting
on their conscientious conviction. If we were never to act on our opinions,
because those opinions may be wrong, we should leave all our interests uncared
for, and all our duties unperformed.
An
objection which applies to all conduct, can be no valid objection to any
conduct in particular. It is the duty of governments, and of individuals, to
form the truest opinions they can; to form them carefully, and never impose
them upon others unless they are quite sure of being right. But when they are
sure (such reasoners may say), it is not conscientiousness but cowardice to
shrink from acting on their opinions, and allow doctrines which they honestly
think dangerous to the welfare of mankind, either in this life or in another,
to be scattered abroad without restraint, because other people, in less
enlightened times, have persecuted opinions now believed to be true. Let us
take care, it may be said, not to make the same mistake: but governments and
nations have made mistakes in other things, which are not denied to be fit
subjects for the exercise of authority: they have laid on bad taxes, made
unjust wars. Ought we therefore to lay on no taxes, and, under whatever
provocation, make no wars? Men, and governments, must act to the best of their
ability. There is no such thing as absolute certainty, but there is assurance
sufficient for the purposes of human life. We may, and must, assume our opinion
to be true for the guidance of our own conduct: and it is assuming no more when
we forbid bad men to pervert society by the propagation of opinions which we
regard as false and pernicious.
I answer, that it is assuming very much
more. There is the greatest difference between presuming an opinion to be true,
because, with every opportunity for contesting it, it has not been refuted, and
assuming its truth for the purpose of not permitting its refutation. Complete
liberty of contradicting and disproving our opinion, is the very condition
which justifies us in assuming its truth for purposes of action; and on no
other terms can a being with human faculties have any rational assurance of
being right.
When we consider either the history of
opinion, or the ordinary conduct of human life, to what is it to be ascribed
that the one and the other are no worse than they are? Not certainly to the
inherent force of the human understanding; for, on any matter not self-evident,
there are ninety-nine persons totally incapable of judging of it, for one who
is capable; and the capacity of the hundredth person is only comparative; for
the majority of the eminent men of every past generation held many opinions now
known to be erroneous, and did or approved numerous things which no one will
now justify. Why is it, then, that there is on the whole a preponderance among
mankind of rational opinions and rational conduct? If there really is this
preponderancewhich there must be unless human affairs are, and have always
been, in an almost desperate stateit is owing to a quality of the human mind,
the source of everything respectable in man either as an intellectual or as a
moral being, namely, that his errors are corrigible. He is capable of
rectifying his mistakes, by discussion and experience. Not by experience alone.
There must be discussion, to show how experience is to be interpreted. Wrong
opinions and practices gradually yield to fact and argument: but facts and
arguments, to produce any effect on the mind, must be brought before it. Very
few facts are able to tell their own story, without comments to bring out their
meaning.
The
whole strength and value, then, of human judgment, depending on the one
property, that it can be set right when it is wrong, reliance can be placed on
it only when the means of setting it right are kept constantly at hand. In the
case of any person whose judgment is really deserving of confidence, how has it
become so? Because he has kept his mind open to criticism of his opinions and
conduct. Because it has been his practice to listen to all that could be said
against him; to profit by as much of it as was just, and expound to himself,
and upon occasion to others, the fallacy of what was fallacious. Because he has
felt, that the only way in which a human being can make some approach to
knowing the whole of a subject, is by hearing what can be said about it by
persons of every variety of opinion, and studying all modes in which it can be
looked at by every character of mind. No wise man ever acquired his wisdom in
any mode but this; nor is it in the nature of human intellect to become wise in
any other manner. The steady habit of correcting and completing his own opinion
by collating it with those of others, so far from causing doubt and hesitation
in carrying it into practice, is the only stable foundation for a just reliance
on it: for, being cognisant of all that can, at least obviously, be said
against him, and having taken up his position against all gainsayersknowing
that he has sought for objections and difficulties, instead of avoiding them,
and has shut out no light which can be thrown upon the subject from any
quarterhe has a right to think his judgment better than that of any person, or
any multitude, who have not gone through a similar process.
It is not too much to require that what the
wisest of mankind, those who are best entitled to trust their own judgment,
find necessary to warrant their relying on it, should be submitted to by that
miscellaneous collection of a few wise and many foolish individuals, called the
public. The most intolerant of churches, the Roman Catholic Church, even at the
canonization of a saint, admits, and listens patiently to, a "devil's advocate."
The holiest of men, it appears, cannot be admitted to posthumous honours, until
all that the devil could say against him is known and weighed. If even the
Newtonian philosophy were not permitted to be questioned, mankind could not
feel as complete assurance of its truth as they now do. The beliefs which we
have most warrant for, have no safeguard to rest on, but a standing invitation
to the whole world to prove them unfounded. If the challenge is not accepted,
or is accepted and the attempt fails, we are far enough from certainty still;
but we have done the best that the existing state of human reason admits of; we
have neglected nothing that could give the truth a chance of reaching us: if
the lists are kept open, we may hope that if there be a better truth, it will
be found when the human mind is capable of receiving it; and in the meantime we
may rely on having attained such approach to truth, as is possible in our own
day. This is the amount of certainty attainable by a fallible being, and this
the sole way of attaining it.
Strange it is, that men should admit the
validity of the arguments for free discussion, but object to their being
"pushed to an extreme;" not seeing that unless the reasons are good
for an extreme case, they are not good for any case. Strange that they should
imagine that they are not assuming infallibility, when they acknowledge that
there should be free discussion on all subjects which can possibly be doubtful,
but think that some particular principle or doctrine should be forbidden to be
questioned because it is so certain, that is, because they are certain that it
is certain. To call any proposition certain, while there is any one who would
deny its certainty if permitted, but who is not permitted, is to assume that we
ourselves, and those who agree with us, are the judges of certainty, and judges
without hearing the other side.
In the present agewhich has been described
as "destitute of faith, but terrified at scepticism"in which people
feel sure, not so much that their opinions are true, as that they should not
know what to do without themthe claims of an opinion to be protected from
public attack are rested not so much on its truth, as on its importance to
society. There are, it is alleged, certain beliefs, so useful, not to say
indispensable to well-being, that it is as much the duty of governments to
uphold those beliefs, as to protect any other of the interests of society. In a
case of such necessity, and so directly in the line of their duty, something
less than infallibility may, it is maintained, warrant, and even bind,
governments, to act on their own opinion, confirmed by the general opinion of
mankind. It is also often argued, and still oftener thought, that none but bad
men would desire to weaken these salutary beliefs; and there can be nothing
wrong, it is thought, in restraining bad men, and prohibiting what only such
men would wish to practise. This mode of thinking makes the justification of
restraints on discussion not a question of the truth of doctrines, but of their
usefulness; and flatters itself by that means to escape the responsibility of
claiming to be an infallible judge of opinions. But those who thus satisfy
themselves, do not perceive that the assumption of infallibility is merely
shifted from one point to another. The usefulness of an opinion is itself
matter of opinion: as disputable, as open to discussion, and requiring
discussion as much, as the opinion itself.
There
is the same need of an infallible judge of opinions to decide an opinion to be
noxious, as to decide it to be false, unless the opinion condemned has full
opportunity of defending itself. And it will not do to say that the heretic may
be allowed to maintain the utility or harmlessness of his opinion, though
forbidden to maintain its truth. The truth of an opinion is part of its
utility. If we would know whether or not it is desirable that a proposition
should be believed, is it possible to exclude the consideration of whether or
not it is true? In the opinion, not of bad men, but of the best men, no belief
which is contrary to truth can be really useful: and can you prevent such men
from urging that plea, when they are charged with culpability for denying some
doctrine which they are told is useful, but which they believe to be false?
Those who are on the side of received opinions, never fail to take all possible
advantage of this plea; you do not find them handling the question of utility
as if it could be completely abstracted from that of truth: on the contrary, it
is, above all, because their doctrine is the "truth," that the
knowledge or the belief of it is held to be so indispensable. There can be no
fair discussion of the question of usefulness, when an argument so vital may be
employed on one side, but not on the other. And in point of fact, when law or
public feeling do not permit the truth of an opinion to be disputed, they are
just as little tolerant of a denial of its usefulness. The utmost they allow is
an extenuation of its absolute necessity, or of the positive guilt of rejecting
it.
In order more fully to illustrate the
mischief of denying a hearing to opinions because we, in our own judgment, have
condemned them, it will be desirable to fix down the discussion to a concrete
case; and I choose, by preference, the cases which are least favourable to mein
which the argument against freedom of opinion, both on the score of truth and
on that of utility, is considered the strongest. Let the opinions impugned be
the belief in a God and in a future state, or any of the commonly received
doctrines of morality. To fight the battle on such ground, gives a great
advantage to an unfair antagonist; since he will be sure to say (and many who
have no desire to be unfair will say it internally), Are these the doctrines
which you do not deem sufficiently certain to be taken under the protection of
law? Is the belief in a God one of the opinions, to feel sure of which, you
hold to be assuming infallibility? But I must be permitted to observe, that it
is not the feeling sure of a doctrine (be it what it may) which I call an
assumption of infallibility. It is the undertaking to decide that question for
others, without allowing them to hear what can be said on the contrary side.
And I
denounce and reprobate this pretension not the less, if put forth on the side
of my most solemn convictions. However positive any one's persuasion may be,
not only of the falsity but of the pernicious consequencesnot only of the
pernicious consequences, but (to adopt expressions which I altogether condemn)
the immorality and impiety of an opinion; yet if, in pursuance of that private
judgment, though backed by the public judgment of his country or his
cotemporaries, he prevents the opinion from being heard in its defence, he
assumes infallibility. And so far from the assumption being less objectionable
or less dangerous because the opinion is called immoral or impious, this is the
case of all others in which it is most fatal. These are exactly the occasions
on which the men of one generation commit those dreadful mistakes, which excite
the astonishment and horror of posterity. It is among such that we find the
instances memorable in history, when the arm of the law has been employed to
root out the best men and the noblest doctrines; with deplorable success as to
the men, though some of the doctrines have survived to be (as if in mockery)
invoked, in defence of similar conduct towards those who dissent from them, or
from their received interpretation.
Mankind can hardly be too often reminded,
that there was once a man named Socrates, between whom and the legal
authorities and public opinion of his time, there took place a memorable
collision. Born in an age and country abounding in individual greatness, this
man has been handed down to us by those who best knew both him and the age, as
the most virtuous man in it; while we know him as the head and prototype of all
subsequent teachers of virtue, the source equally of the lofty inspiration of
Plato and the judicious utilitarianism of Aristotle, "i maëstri di color
che sanno," the two headsprings of ethical as of all other philosophy.
This acknowledged master of all the eminent thinkers who have since livedwhose
fame, still growing after more than two thousand years, all but outweighs the
whole remainder of the names which make his native city illustriouswas put to
death by his countrymen, after a judicial conviction, for impiety and
immorality. Impiety, in denying the gods recognised by the State; indeed his
accuser asserted (see the Apologia) that he believed in no gods at all.
Immorality, in being, by his doctrines and instructions, a "corrupter of
youth." Of these charges the tribunal, there is every ground for
believing, honestly found him guilty, and condemned the man who probably of all
then born had deserved best of mankind, to be put to death as a criminal.
To pass from this to the only other instance
of judicial iniquity, the mention of which, after the condemnation of Socrates,
would not be an anti-climax: the event which took place on Calvary rather more
than eighteen hundred years ago. The man who left on the memory of those who
witnessed his life and conversation, such an impression of his moral grandeur,
that eighteen subsequent centuries have done homage to him as the Almighty in
person, was ignominiously put to death, as what? As a blasphemer. Men did not
merely mistake their benefactor; they mistook him for the exact contrary of
what he was, and treated him as that prodigy of impiety, which they themselves
are now held to be, for their treatment of him. The feelings with which mankind
now regard these lamentable transactions, especially the later of the two,
render them extremely unjust in their judgment of the unhappy actors.
These
were, to all appearance, not bad mennot worse than men most commonly are, but
rather the contrary; men who possessed in a full, or somewhat more than a full
measure, the religious, moral, and patriotic feelings of their time and people:
the very kind of men who, in all times, our own included, have every chance of
passing through life blameless and respected. The high-priest who rent his
garments when the words were pronounced, which, according to all the ideas of
his country, constituted the blackest guilt, was in all probability quite as
sincere in his horror and indignation, as the generality of respectable and
pious men now are in the religious and moral sentiments they profess; and most
of those who now shudder at his conduct, if they had lived in his time, and
been born Jews, would have acted precisely as he did. Orthodox Christians who
are tempted to think that those who stoned to death the first martyrs must have
been worse men than they themselves are, ought to remember that one of those
persecutors was Saint Paul.
Let us add one more example, the most
striking of all, if the impressiveness of an error is measured by the wisdom
and virtue of him who falls into it. If ever any one, possessed of power, had
grounds for thinking himself the best and most enlightened among his
cotemporaries, it was the Emperor Marcus Aurelius. Absolute monarch of the
whole civilized world, he preserved through life not only the most unblemished
justice, but what was less to be expected from his Stoical breeding, the
tenderest heart. The few failings which are attributed to him, were all on the
side of indulgence: while his writings, the highest ethical product of the
ancient mind, differ scarcely perceptibly, if they differ at all, from the most
characteristic teachings of Christ.
This
man, a better Christian in all but the dogmatic sense of the word, than almost
any of the ostensibly Christian sovereigns who have since reigned, persecuted
Christianity. Placed at the summit of all the previous attainments of humanity,
with an open, unfettered intellect, and a character which led him of himself to
embody in his moral writings the Christian ideal, he yet failed to see that
Christianity was to be a good and not an evil to the world, with his duties to
which he was so deeply penetrated. Existing society he knew to be in a
deplorable state. But such as it was, he saw, or thought he saw, that it was
held together, and prevented from being worse, by belief and reverence of the
received divinities. As a ruler of mankind, he deemed it his duty not to suffer
society to fall in pieces; and saw not how, if its existing ties were removed,
any others could be formed which could again knit it together. The new religion
openly aimed at dissolving these ties: unless, therefore, it was his duty to
adopt that religion, it seemed to be his duty to put it down. Inasmuch then as
the theology of Christianity did not appear to him true or of divine origin;
inasmuch as this strange history of a crucified God was not credible to him,
and a system which purported to rest entirely upon a foundation to him so
wholly unbelievable, could not be foreseen by him to be that renovating agency
which, after all abatements, it has in fact proved to be; the gentlest and most
amiable of philosophers and rulers, under a solemn sense of duty, authorized
the persecution of Christianity.
To my
mind this is one of the most tragical facts in all history. It is a bitter
thought, how different a thing the Christianity of the world might have been,
if the Christian faith had been adopted as the religion of the empire under the
auspices of Marcus Aurelius instead of those of Constantine. But it would be
equally unjust to him and false to truth, to deny, that no one plea which can
be urged for punishing anti-Christian teaching, was wanting to Marcus Aurelius
for punishing, as he did, the propagation of Christianity. No Christian more
firmly believes that Atheism is false, and tends to the dissolution of society,
than Marcus Aurelius believed the same things of Christianity; he who, of all
men then living, might have been thought the most capable of appreciating it.
Unless any one who approves of punishment for the promulgation of opinions,
flatters himself that he is a wiser and better man than Marcus Aureliusmore
deeply versed in the wisdom of his time, more elevated in his intellect above
itmore earnest in his search for truth, or more single-minded in his devotion
to it when found;let him abstain from that assumption of the joint
infallibility of himself and the multitude, which the great Antoninus made with
so unfortunate a result.
Aware of the impossibility of defending the
use of punishment for restraining irreligious opinions, by any argument which
will not justify Marcus Antoninus, the enemies of religious freedom, when hard
pressed, occasionally accept this consequence, and say, with Dr. Johnson, that
the persecutors of Christianity were in the right; that persecution is an
ordeal through which truth ought to pass, and always passes successfully, legal
penalties being, in the end, powerless against truth, though sometimes
beneficially effective against mischievous errors. This is a form of the
argument for religious intolerance, sufficiently remarkable not to be passed
without notice.
A theory which maintains that truth may
justifiably be persecuted because persecution cannot possibly do it any harm,
cannot be charged with being intentionally hostile to the reception of new
truths; but we cannot commend the generosity of its dealing with the persons to
whom mankind are indebted for them. To discover to the world something which
deeply concerns it, and of which it was previously ignorant; to prove to it
that it had been mistaken on some vital point of temporal or spiritual
interest, is as important a service as a human being can render to his
fellow-creatures, and in certain cases, as in those of the early Christians and
of the Reformers, those who think with Dr. Johnson believe it to have been the
most precious gift which could be bestowed on mankind. That the authors of such
splendid benefits should be requited by martyrdom; that their reward should be
to be dealt with as the vilest of criminals, is not, upon this theory, a
deplorable error and misfortune, for which humanity should mourn in sackcloth
and ashes, but the normal and justifiable state of things. The propounder of a
new truth, according to this doctrine, should stand, as stood, in the
legislation of the Locrians, the proposer of a new law, with a halter round his
neck, to be instantly tightened if the public assembly did not, on hearing his
reasons, then and there adopt his proposition. People who defend this mode of
treating benefactors, cannot be supposed to set much value on the benefit; and
I believe this view of the subject is mostly confined to the sort of persons
who think that new truths may have been desirable once, but that we have had
enough of them now.
But, indeed, the dictum that truth always
triumphs over persecution, is one of those pleasant falsehoods which men repeat
after one another till they pass into commonplaces, but which all experience
refutes. History teems with instances of truth put down by persecution. If not
suppressed for ever, it may be thrown back for centuries. To speak only of
religious opinions: the Reformation broke out at least twenty times before
Luther, and was put down. Arnold of Brescia was put down. Fra Dolcino was put
down. Savonarola was put down. The Albigeois were put down. The Vaudois were
put down. The Lollards were put down. The Hussites were put down. Even after
the era of Luther, wherever persecution was persisted in, it was successful. In
Spain, Italy, Flanders, the Austrian empire, Protestantism was rooted out; and,
most likely, would have been so in England, had Queen Mary lived, or Queen
Elizabeth died. Persecution has always succeeded, save where the heretics were
too strong a party to be effectually persecuted. No reasonable person can doubt
that Christianity might have been extirpated in the Roman Empire. It spread,
and became predominant, because the persecutions were only occasional, lasting
but a short time, and separated by long intervals of almost undisturbed
propagandism. It is a piece of idle sentimentality that truth, merely as truth,
has any inherent power denied to error, of prevailing against the dungeon and
the stake. Men are not more zealous for truth than they often are for error,
and a sufficient application of legal or even of social penalties will
generally succeed in stopping the propagation of either. The real advantage
which truth has, consists in this, that when an opinion is true, it may be
extinguished once, twice, or many times, but in the course of ages there will
generally be found persons to rediscover it, until some one of its
reappearances falls on a time when from favourable circumstances it escapes
persecution until it has made such head as to withstand all subsequent attempts
to suppress it.
It will be said, that we do not now put to
death the introducers of new opinions: we are not like our fathers who slew the
prophets, we even build sepulchres to them. It is true we no longer put
heretics to death; and the amount of penal infliction which modern feeling
would probably tolerate, even against the most obnoxious opinions, is not
sufficient to extirpate them. But let us not flatter ourselves that we are yet
free from the stain even of legal persecution. Penalties for opinion, or at
least for its expression, still exist by law; and their enforcement is not,
even in these times, so unexampled as to make it at all incredible that they
may some day be revived in full force. In the year 1857, at the summer assizes
of the county of Cornwall, an unfortunate man, (Note 2) said to be of
unexceptionable conduct in all relations of life, was sentenced to twenty-one
months' imprisonment, for uttering, and writing on a gate, some offensive words
concerning Christianity. Within a month of the same time, at the Old Bailey,
two persons, on two separate occasions, (Note 3) were rejected as jurymen, and
one of them grossly insulted by the judge and by one of the counsel, because
they honestly declared that they had no theological belief; and a third, a
foreigner, (Note 4) for the same reason, was denied justice against a thief.
This refusal of redress took place in virtue of the legal doctrine, that no
person can be allowed to give evidence in a court of justice, who does not
profess belief in a God (any god is sufficient) and in a future state; which is
equivalent to declaring such persons to be outlaws, excluded from the
protection of the tribunals; who may not only be robbed or assaulted with
impunity, if no one but themselves, or persons of similar opinions, be present,
but any one else may be robbed or assaulted with impunity, if the proof of the
fact depends on their evidence.
The
assumption on which this is grounded, is that the oath is worthless, of a
person who does not believe in a future state; a proposition which betokens
much ignorance of history in those who assent to it (since it is historically true
that a large proportion of infidels in all ages have been persons of
distinguished integrity and honor); and would be maintained by no one who had
the smallest conception how many of the persons in greatest repute with the
world, both for virtues and for attainments, are well known, at least to their
intimates, to be unbelievers. The rule, besides, is suicidal, and cuts away its
own foundation. Under pretence that atheists must be liars, it admits the
testimony of all atheists who are willing to lie, and rejects only those who
brave the obloquy of publicly confessing a detested creed rather than affirm a
falsehood. A rule thus self-convicted of absurdity so far as regards its
professed purpose, can be kept in force only as a badge of hatred, a relic of persecution;
a persecution, too, having the peculiarity, that the qualification for
undergoing it, is the being clearly proved not to deserve it. The rule, and the
theory it implies, are hardly less insulting to believers than to infidels. For
if he who does not believe in a future state, necessarily lies, it follows that
they who do believe are only prevented from lying, if prevented they are, by
the fear of hell. We will not do the authors and abettors of the rule the
injury of supposing, that the conception which they have formed of Christian
virtue is drawn from their own consciousness.
These, indeed, are but rags and remnants of
persecution, and may be thought to be not so much an indication of the wish to
persecute, as an example of that very frequent infirmity of English minds,
which makes them take a preposterous pleasure in the assertion of a bad
principle, when they are no longer bad enough to desire to carry it really into
practice. But unhappily there is no security in the state of the public mind,
that the suspension of worse forms of legal persecution, which has lasted for
about the space of a generation, will continue. In this age the quiet surface
of routine is as often ruffled by attempts to resuscitate past evils, as to
introduce new benefits. What is boasted of at the present time as the revival
of religion, is always, in narrow and uncultivated minds, at least as much the
revival of bigotry; and where there is the strong permanent leaven of
intolerance in the feelings of a people, which at all times abides in the
middle classes of this country, it needs but little to provoke them into
actively persecuting those whom they have never ceased to think proper objects
of persecution. (Note 5) For it is thisit is the opinions men entertain, and the
feelings they cherish, respecting those who disown the beliefs they deem
important, which makes this country not a place of mental freedom.
For a
long time past, the chief mischief of the legal penalties is that they
strengthen the social stigma. It is that stigma which is really effective, and
so effective is it, that the profession of opinions which are under the ban of
society is much less common in England, than is, in many other countries, the
avowal of those which incur risk of judicial punishment. In respect to all
persons but those whose pecuniary circumstances make them independent of the
good will of other people, opinion, on this subject, is as efficacious as law;
men might as well be imprisoned, as excluded from the means of earning their
bread. Those whose bread is already secured, and who desire no favours from men
in power, or from bodies of men, or from the public, have nothing to fear from
the open avowal of any opinions, but to be ill-thought of and ill-spoken of,
and this it ought not to require a very heroic mould to enable them to bear.
There is no room for any appeal ad misericordiam in behalf of such persons. But
though we do not now inflict so much evil on those who think differently from
us, as it was formerly our custom to do, it may be that we do ourselves as much
evil as ever by our treatment of them. Socrates was put to death, but the
Socratic philosophy rose like the sun in heaven, and spread its illumination
over the whole intellectual firmament.
Christians
were cast to the lions, but the Christian church grew up a stately and
spreading tree, overtopping the older and less vigorous growths, and stifling
them by its shade. Our merely social intolerance kills no one, roots out no
opinions, but induces men to disguise them, or to abstain from any active
effort for their diffusion. With us, heretical opinions do not perceptibly
gain, or even lose, ground in each decade or generation; they never blaze out
far and wide, but continue to smoulder in the narrow circles of thinking and
studious persons among whom they originate, without ever lighting up the
general affairs of mankind with either a true or a deceptive light. And thus is
kept up a state of things very satisfactory to some minds, because, without the
unpleasant process of fining or imprisoning anybody, it maintains all
prevailing opinions outwardly undisturbed, while it does not absolutely
interdict the exercise of reason by dissentients afflicted with the malady of
thought.
A
convenient plan for having peace in the intellectual world, and keeping all
things going on therein very much as they do already. But the price paid for
this sort of intellectual pacification, is the sacrifice of the entire moral
courage of the human mind. A state of things in which a large portion of the
most active and inquiring intellects find it advisable to keep the general
principles and grounds of their convictions within their own breasts, and
attempt, in what they address to the public, to fit as much as they can of
their own conclusions to premises which they have internally renounced, cannot
send forth the open, fearless characters, and logical, consistent intellects
who once adorned the thinking world. The sort of men who can be looked for
under it, are either mere conformers to commonplace, or time-servers for truth,
whose arguments on all great subjects are meant for their hearers, and are not
those which have convinced themselves. Those who avoid this alternative, do so
by narrowing their thoughts and interest to things which can be spoken of
without venturing within the region of principles, that is, to small practical
matters, which would come right of themselves, if but the minds of mankind were
strengthened and enlarged, and which will never be made effectually right until
then: while that which would strengthen and enlarge men's minds, free and
daring speculation on the highest subjects, is abandoned.
Those in whose eyes this reticence on the
part of heretics is no evil, should consider in the first place, that in
consequence of it there is never any fair and thorough discussion of heretical
opinions; and that such of them as could not stand such a discussion, though
they may be prevented from spreading, do not disappear. But it is not the minds
of heretics that are deteriorated most, by the ban placed on all inquiry which
does not end in the orthodox conclusions. The greatest harm done is to those
who are not heretics, and whose whole mental development is cramped, and their
reason cowed, by the fear of heresy. Who can compute what the world loses in
the multitude of promising intellects combined with timid characters, who dare
not follow out any bold, vigorous, independent train of thought, lest it should
land them in something which would admit of being considered irreligious or
immoral?
Among
them we may occasionally see some man of deep conscientiousness, and subtle and
refined understanding, who spends a life in sophisticating with an intellect
which he cannot silence, and exhausts the resources of ingenuity in attempting
to reconcile the promptings of his conscience and reason with orthodoxy, which
yet he does not, perhaps, to the end succeed in doing. No one can be a great
thinker who does not recognise, that as a thinker it is his first duty to
follow his intellect to whatever conclusions it may lead. Truth gains more even
by the errors of one who, with due study and preparation, thinks for himself,
than by the true opinions of those who only hold them because they do not
suffer themselves to think. Not that it is solely, or chiefly, to form great
thinkers, that freedom of thinking is required. On the contrary, it is as much
and even more indispensable, to enable average human beings to attain the
mental stature which they are capable of. There have been, and may again be,
great individual thinkers, in a general atmosphere of mental slavery. But there
never has been, nor ever will be, in that atmosphere, an intellectually active
people. When any people has made a temporary approach to such a character, it
has been because the dread of heterodox speculation was for a time suspended.
Where there is a tacit convention that principles are not to be disputed; where
the discussion of the greatest questions which can occupy humanity is
considered to be closed, we cannot hope to find that generally high scale of
mental activity which has made some periods of history so remarkable.
Never
when controversy avoided the subjects which are large and important enough to
kindle enthusiasm, was the mind of a people stirred up from its foundations,
and the impulse given which raised even persons of the most ordinary intellect
to something of the dignity of thinking beings. Of such we have had an example
in the condition of Europe during the times immediately following the
Reformation; another, though limited to the Continent and to a more cultivated
class, in the speculative movement of the latter half of the eighteenth
century; and a third, of still briefer duration, in the intellectual
fermentation of Germany during the Goethian and Fichtean period. These periods
differed widely in the particular opinions which they developed; but were alike
in this, that during all three the yoke of authority was broken. In each, an
old mental despotism had been thrown off, and no new one had yet taken its
place. The impulse given at these three periods has made Europe what it now is.
Every single improvement which has taken place either in the human mind or in
institutions, may be traced distinctly to one or other of them. Appearances
have for some time indicated that all three impulses are well nigh spent; and
we can expect no fresh start, until we again assert our mental freedom.
Let us now pass to the second division of
the argument, and dismissing the supposition that any of the received opinions
may be false, let us assume them to be true, and examine into the worth of the
manner in which they are likely to be held, when their truth is not freely and
openly canvassed. However unwillingly a person who has a strong opinion may
admit the possibility that his opinion may be false, he ought to be moved by
the consideration that however true it may be, if it is not fully, frequently,
and fearlessly discussed, it will be held as a dead dogma, not a living truth.
There is a class of persons (happily not
quite so numerous as formerly) who think it enough if a person assents
undoubtingly to what they think true, though he has no knowledge whatever of
the grounds of the opinion, and could not make a tenable defence of it against
the most superficial objections. Such persons, if they can once get their creed
taught from authority, naturally think that no good, and some harm, comes of
its being allowed to be questioned. Where their influence prevails, they make
it nearly impossible for the received opinion to be rejected wisely and
considerately, though it may still be rejected rashly and ignorantly; for to
shut out discussion entirely is seldom possible, and when it once gets in,
beliefs not grounded on conviction are apt to give way before the slightest
semblance of an argument. Waving, however, this possibilityassuming that the
true opinion abides in the mind, but abides as a prejudice, a belief
independent of, and proof against, argumentthis is not the way in which truth
ought to be held by a rational being. This is not knowing the truth. Truth,
thus held, is but one superstition the more, accidentally clinging to the words
which enunciate a truth.
If the intellect and judgment of mankind
ought to be cultivated, a thing which Protestants at least do not deny, on what
can these faculties be more appropriately exercised by any one, than on the
things which concern him so much that it is considered necessary for him to
hold opinions on them? If the cultivation of the understanding consists in one
thing more than in another, it is surely in learning the grounds of one's own
opinions. Whatever people believe, on subjects on which it is of the first
importance to believe rightly, they ought to be able to defend against at least
the common objections. But, some one may say, "Let them be taught the
grounds of their opinions. It does not follow that opinions must be merely
parroted because they are never heard controverted.
Persons
who learn geometry do not simply commit the theorems to memory, but understand
and learn likewise the demonstrations; and it would be absurd to say that they
remain ignorant of the grounds of geometrical truths, because they never hear
any one deny, and attempt to disprove them." Undoubtedly: and such
teaching suffices on a subject like mathematics, where there is nothing at all
to be said on the wrong side of the question. The peculiarity of the evidence
of mathematical truths is, that all the argument is on one side. There are no
objections, and no answers to objections. But on every subject on which
difference of opinion is possible, the truth depends on a balance to be struck
between two sets of conflicting reasons. Even in natural philosophy, there is
always some other explanation possible of the same facts; some geocentric
theory instead of heliocentric, some phlogiston instead of oxygen; and it has
to be shown why that other theory cannot be the true one: and until this is
shown, and until we know how it is shown, we do not understand the grounds of
our opinion. But when we turn to subjects infinitely more complicated, to
morals, religion, politics, social relations, and the business of life,
three-fourths of the arguments for every disputed opinion consist in dispelling
the appearances which favour some opinion different from it.
The
greatest orator, save one, of antiquity, has left it on record that he always
studied his adversary's case with as great, if not with still greater,
intensity than even his own. What Cicero practised as the means of forensic
success, requires to be imitated by all who study any subject in order to
arrive at the truth. He who knows only his own side of the case, knows little
of that. His reasons may be good, and no one may have been able to refute them.
But if he is equally unable to refute the reasons on the opposite side; if he
does not so much as know what they are, he has no ground for preferring either
opinion. The rational position for him would be suspension of judgment, and
unless he contents himself with that, he is either led by authority, or adopts,
like the generality of the world, the side to which he feels most inclination. Nor
is it enough that he should hear the arguments of adversaries from his own
teachers, presented as they state them, and accompanied by what they offer as
refutations. That is not the way to do justice to the arguments, or bring them
into real contact with his own mind. He must be able to hear them from persons
who actually believe them; who defend them in earnest, and do their very utmost
for them. He must know them in their most plausible and persuasive form; he
must feel the whole force of the difficulty which the true view of the subject
has to encounter and dispose of; else he will never really possess himself of
the portion of truth which meets and removes that difficulty.
Ninety-nine
in a hundred of what are called educated men are in this condition; even of
those who can argue fluently for their opinions. Their conclusion may be true,
but it might be false for anything they know: they have never thrown themselves
into the mental position of those who think differently from them, and
considered what such persons may have to say; and consequently they do not, in
any proper sense of the word, know the doctrine which they themselves profess.
They do not know those parts of it which explain and justify the remainder; the
considerations which show that a fact which seemingly conflicts with another is
reconcilable with it, or that, of two apparently strong reasons, one and not
the other ought to be preferred. All that part of the truth which turns the
scale, and decides the judgment of a completely informed mind, they are
strangers to; nor is it ever really known, but to those who have attended
equally and impartially to both sides, and endeavoured to see the reasons of
both in the strongest light. So essential is this discipline to a real
understanding of moral and human subjects, that if opponents of all important
truths do not exist, it is indispensable to imagine them, and supply them with
the strongest arguments which the most skilful devil's advocate can conjure up.
To abate the force of these considerations,
an enemy of free discussion may be supposed to say, that there is no necessity
for mankind in general to know and understand all that can be said against or
for their opinions by philosophers and theologians. That it is not needful for
common men to be able to expose all the misstatements or fallacies of an
ingenious opponent. That it is enough if there is always somebody capable of
answering them, so that nothing likely to mislead uninstructed persons remains
unrefuted. That simple minds, having been taught the obvious grounds of the
truths inculcated on them, may trust to authority for the rest, and being aware
that they have neither knowledge nor talent to resolve every difficulty which
can be raised, may repose in the assurance that all those which have been
raised have been or can be answered, by those who are specially trained to the
task.
Conceding to this view of the subject the
utmost that can be claimed for it by those most easily satisfied with the
amount of understanding of truth which ought to accompany the belief of it;
even so, the argument for free discussion is no way weakened. For even this
doctrine acknowledges that mankind ought to have a rational assurance that all
objections have been satisfactorily answered; and how are they to be answered
if that which requires to be answered is not spoken? or how can the answer be
known to be satisfactory, if the objectors have no opportunity of showing that
it is unsatisfactory? If not the public, at least the philosophers and
theologians who are to resolve the difficulties, must make themselves familiar
with those difficulties in their most puzzling form; and this cannot be
accomplished unless they are freely stated, and placed in the most advantageous
light which they admit of.
The
Catholic Church has its own way of dealing with this embarrassing problem. It
makes a broad separation between those who can be permitted to receive its
doctrines on conviction, and those who must accept them on trust. Neither,
indeed, are allowed any choice as to what they will accept; but the clergy,
such at least as can be fully confided in, may admissibly and meritoriously
make themselves acquainted with the arguments of opponents, in order to answer
them, and may, therefore, read heretical books; the laity, not unless by
special permission, hard to be obtained. This discipline recognises a knowledge
of the enemy's case as beneficial to the teachers, but finds means, consistent
with this, of denying it to the rest of the world: thus giving to the élite
more mental culture, though not more mental freedom, than it allows to the
mass. By this device it succeeds in obtaining the kind of mental superiority
which its purposes require; for though culture without freedom never made a
large and liberal mind, it can make a clever nisi prius advocate of a cause.
But in countries professing Protestantism, this resource is denied; since
Protestants hold, at least in theory, that the responsibility for the choice of
a religion must be borne by each for himself, and cannot be thrown off upon
teachers. Besides, in the present state of the world, it is practically
impossible that writings which are read by the instructed can be kept from the
uninstructed. If the teachers of mankind are to be cognisant of all that they
ought to know, everything must be free to be written and published without
restraint.
If, however, the mischievous operation of
the absence of free discussion, when the received opinions are true, were
confined to leaving men ignorant of the grounds of those opinions, it might be
thought that this, if an intellectual, is no moral evil, and does not affect
the worth of the opinions, regarded in their influence on the character. The
fact, however, is, that not only the grounds of the opinion are forgotten in
the absence of discussion, but too often the meaning of the opinion itself. The
words which convey it, cease to suggest ideas, or suggest only a small portion
of those they were originally employed to communicate. Instead of a vivid
conception and a living belief, there remain only a few phrases retained by
rote; or, if any part, the shell and husk only of the meaning is retained, the
finer essence being lost. The great chapter in human history which this fact
occupies and fills, cannot be too earnestly studied and meditated on.
It is illustrated in the experience of
almost all ethical doctrines and religious creeds. They are all full of meaning
and vitality to those who originate them, and to the direct disciples of the
originators. Their meaning continues to be felt in undiminished strength, and
is perhaps brought out into even fuller consciousness, so long as the struggle
lasts to give the doctrine or creed an ascendancy over other creeds. At last it
either prevails, and becomes the general opinion, or its progress stops; it
keeps possession of the ground it has gained, but ceases to spread further.
When either of these results has become apparent, controversy on the subject
flags, and gradually dies away. The doctrine has taken its place, if not as a
received opinion, as one of the admitted sects or divisions of opinion: those
who hold it have generally inherited, not adopted it; and conversion from one
of these doctrines to another, being now an exceptional fact, occupies little
place in the thoughts of their professors. Instead of being, as at first,
constantly on the alert either to defend themselves against the world, or to
bring the world over to them, they have subsided into acquiescence, and neither
listen, when they can help it, to arguments against their creed, nor trouble
dissentients (if there be such) with arguments in its favour.
From
this time may usually be dated the decline in the living power of the doctrine.
We often hear the teachers of all creeds lamenting the difficulty of keeping up
in the minds of believers a lively apprehension of the truth which they nominally
recognise, so that it may penetrate the feelings, and acquire a real mastery
over the conduct. No such difficulty is complained of while the creed is still
fighting for its existence: even the weaker combatants then know and feel what
they are fighting for, and the difference between it and other doctrines; and
in that period of every creed's existence, not a few persons may be found, who
have realized its fundamental principles in all the forms of thought, have
weighed and considered them in all their important bearings, and have
experienced the full effect on the character, which belief in that creed ought
to produce in a mind thoroughly imbued with it. But when it has come to be an
hereditary creed, and to be received passively, not activelywhen the mind is no
longer compelled, in the same degree as at first, to exercise its vital powers
on the questions which its belief presents to it, there is a progressive
tendency to forget all of the belief except the formularies, or to give it a
dull and torpid assent, as if accepting it on trust dispensed with the
necessity of realizing it in consciousness, or testing it by personal
experience; until it almost ceases to connect itself at all with the inner life
of the human being. Then are seen the cases, so frequent in this age of the
world as almost to form the majority, in which the creed remains as it were
outside the mind, incrusting and petrifying it against all other influences
addressed to the higher parts of our nature; manifesting its power by not suffering
any fresh and living conviction to get in, but itself doing nothing for the
mind or heart, except standing sentinel over them to keep them vacant.
To what an extent doctrines intrinsically
fitted to make the deepest impression upon the mind may remain in it as dead
beliefs, without being ever realized in the imagination, the feelings, or the
understanding, is exemplified by the manner in which the majority of believers
hold the doctrines of Christianity. By Christianity I here mean what is
accounted such by all churches and sectsthe maxims and precepts contained in
the New Testament. These are considered sacred, and accepted as laws, by all
professing Christians. Yet it is scarcely too much to say that not one
Christian in a thousand guides or tests his individual conduct by reference to
those laws. The standard to which he does refer it, is the custom of his
nation, his class, or his religious profession. He has thus, on the one hand, a
collection of ethical maxims, which he believes to have been vouchsafed to him
by infallible wisdom as rules for his government; and on the other, a set of
every-day judgments and practices, which go a certain length with some of those
maxims, not so great a length with others, stand in direct opposition to some,
and are, on the whole, a compromise between the Christian creed and the interests and suggestions of
worldly life. To the first of these standards he gives his homage; to the other
his real allegiance. All Christians believe that the blessed are the poor and
humble, and those who are ill-used by the world; that it is easier for a camel
to pass through the eye of a needle than for a rich man to enter the kingdom of
heaven; that they should judge not, lest they be judged; that they should swear
not at all; that they should love their neighbour as themselves; that if one
take their cloak, they should give him their coat also; that they should take
no thought for the morrow; that if they would be perfect, they should sell all
that they have and give it to the poor.
They
are not insincere when they say that they believe these things. They do believe
them, as people believe what they have always heard lauded and never discussed.
But in the sense of that living belief which regulates conduct, they believe
these doctrines just up to the point to which it is usual to act upon them. The
doctrines in their integrity are serviceable to pelt adversaries with; and it
is understood that they are to be put forward (when possible) as the reasons
for whatever people do that they think laudable. But any one who reminded them
that the maxims require an infinity of things which they never even think of
doing, would gain nothing but to be classed among those very unpopular
characters who affect to be better than other people. The doctrines have no
hold on ordinary believersare not a power in their minds. They have an habitual
respect for the sound of them, but no feeling which spreads from the words to
the things signified, and forces the mind to take them in, and make them
conform to the formula. Whenever conduct is concerned, they look round for Mr.
A and B to direct them how far to go in obeying Christ.
Now we may be well assured that the case was
not thus, but far otherwise, with the early Christians. Had it been thus,
Christianity never would have expanded from an obscure sect of the despised
Hebrews into the religion of the Roman empire. When their enemies said,
"See how these Christians love one another" (a remark not likely to
be made by anybody now), they assuredly had a much livelier feeling of the
meaning of their creed than they have ever had since. And to this cause,
probably, it is chiefly owing that Christianity now makes so little progress in
extending its domain, and after eighteen centuries, is still nearly confined to
Europeans and the descendants of Europeans. Even with the strictly religious,
who are much in earnest about their doctrines, and attach a greater amount of
meaning to many of them than people in general, it commonly happens that the
part which is thus comparatively active in their minds is that which was made
by Calvin, or Knox, or some such person much nearer in character to themselves.
The sayings of Christ coexist passively in their minds, producing hardly any
effect beyond what is caused by mere listening to words so amiable and bland.
There are many reasons, doubtless, why doctrines which are the badge of a sect
retain more of their vitality than those common to all recognised sects, and
why more pains are taken by teachers to keep their meaning alive; but one
reason certainly is, that the peculiar doctrines are more questioned, and have
to be oftener defended against open gainsayers. Both teachers and learners go
to sleep at their post, as soon as there is no enemy in the field.
The
same thing holds true, generally speaking, of all traditional doctrinesthose of
prudence and knowledge of life, as well as of morals or religion. All languages
and literatures are full of general observations on life, both as to what it
is, and how to conduct oneself in it; observations which everybody knows, which
everybody repeats, or hears with acquiescence, which are received as truisms,
yet of which most people first truly learn the meaning, when experience,
generally of a painful kind, has made it a reality to them. How often, when
smarting under some unforeseen misfortune or disappointment, does a person call
to mind some proverb or common saying, familiar to him all his life, the meaning
of which, if he had ever before felt it as he does now, would have saved him
from the calamity. There are indeed reasons for this, other than the absence of
discussion: there are many truths of which the full meaning cannot be realized,
until personal experience has brought it home. But much more of the meaning
even of these would have been understood, and what was understood would have
been far more deeply impressed on the mind, if the man had been accustomed to
hear it argued pro and con by people who did understand it. The fatal tendency
of mankind to leave off thinking about a thing when it is no longer doubtful,
is the cause of half their errors. A contemporary author has well spoken of
"the deep slumber of a decided opinion."
But what! (it may be asked) Is the absence of unanimity an indi