On Liberty

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
civilised 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 upon by innumerable
vultures, it was needful that there should be an animal of prey
stronger than the rest, commissioned to keep them down. But as the king
of the vultures would be no less bent upon preying on 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.