Great Britain -- Politics and government -- 1837-1901; Liberalism -- Great Britain
injury than the theft of a purse for which a century ago a man might be
hanged? On what principle, then, is the line drawn, so as to specify
certain injuries which the State may prohibit and to mark off others
which it must leave untouched? Well, it may be said, _volenti non fit
injuria_. No wrong is done to a man by a bargain to which he is a
willing party. That may be, though there are doubtful cases. But in the
field that has been in question the contention is that one party is not
willing. The bargain is a forced bargain. The weaker man consents as one
slipping over a precipice might consent to give all his fortune to one
who will throw him a rope on no other terms. This is not true consent.
True consent is free consent, and full freedom of consent implies
equality on the part of both parties to the bargain. Just as government
first secured the elements of freedom for all when it prevented the
physically stronger man from slaying, beating, despoiling his
neighbours, so it secures a larger measure of freedom for all by every
restriction which it imposes with a view to preventing one man from
making use of any of his advantages to the disadvantage of others.
There emerges a distinction between unsocial and social freedom.
Unsocial freedom is the right of a man to use his powers without regard
to the wishes or interests of any one but himself. Such freedom is
theoretically possible for an individual. It is antithetic to all public
control. It is theoretically impossible for a plurality of individuals
living in mutual contact. Socially it is a contradiction, unless the
desires of all men were automatically attuned to social ends. Social
freedom, then, for any epoch short of the millennium rests on restraint.
It is a freedom that can be enjoyed by all the members of a community,
and it is the freedom to choose among those lines of activity which do
not involve injury to others. As experience of the social effects of
action ripens, and as the social conscience is awakened, the conception
of injury is widened and insight into its causes is deepened. The area
of restraint is therefore increased. But, inasmuch as injury inflicted
is itself crippling to the sufferer, as it lowers his health, confines
his life, cramps his powers, so the prevention of such injury sets him
free. The restraint of the aggressor is the freedom of the sufferer, and
only by restraint on the actions by which men injure one another do they
as a whole community gain freedom in all courses of conduct that can be
pursued without ultimate social disharmony.
Public-domain text, read in full here on John Shaqi.
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