Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
I do not find it easy to accept any single principle that is obvious
and straightforward as applicable to the very complex problems we
encounter in this realm. Neither the fact that a mode of conduct may
be harmful in excess, nor the fact that, whether harmful or no, society
dislikes it, seems to me in itself a just ground for its suppression by
the law. The first case seems to me one for safeguards against excess;
care, for instance, may be taken to see to it that it is manufactured
at a limited strength, is sold only under careful restrictions, and
so on. The second case I find it impossible to decide as a general
principle, and apart from particular cases each of which is judged upon
its own merits. I am prepared, for example, to make it illegal to keep
a gaming-house; but I am not prepared to legislate against a social
game of bridge played for money in a private house. Conduct must be
punished or prohibited when it is harmful in itself or in the excess in
which it touches society before we ought to seek access to the clumsy
machinery of the law.
For we cannot suppress all modes of conduct in which excess does harm.
In most cases, we have to leave the individual free to judge at what
point excess is a fact. Over-eating does great harm, but no one would
propose legislation against over-eating. Many motorists sacrifice their
lives to their motor-car, especially in America; but no one would
propose legislation against an undue indulgence in motoring. False
social standards result from our excessive adulation of film-stars and
athletes; but we should obviously be merely foolish if we legislated
against the publicity which makes for that excessive adulation. We
have always, I think, to study any proposed social prohibition in
terms of the object to which it is applied. We have to remember that
it always runs the risk of undermining character by a limitation
of responsibility. Men are made not by being safeguarded against
temptation but by being able to triumph over it. It would be impossible
to forbid the use of cheques because some people succumb to the habit
of embezzlement. There is a clear case for forbidding the sale of
noxious drugs like heroin or cocaine except under severe restrictions,
because it is clear that in themselves their consumption is bound to
harm the recipient. There is a clear case for insisting that persons,
even if they be passionate Christian Scientists, who are suffering from
an infectious disease like small-pox, shall be isolated until they are
cured; for anyone who goes about with small-pox inflicts direct and
measurable injury on other persons. But unless we can show that the
particular mode of conduct it is proposed to repress must necessarily
destroy the will-power of those who practise it, as is true of noxious
drugs, or directly and unquestionably injures the rest of society in
a measurable way, I think the method of prohibition an unwarranted
interference with freedom.
Public-domain text, read in full here on John Shaqi.
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