One of these examples, that of the sale of poisons, opens a new
question; the proper limits of what may be called the functions of
police; how far liberty may legitimately be invaded for the prevention
of crime, or of accident. It is one of the undisputed functions of
government to take precautions against crime before it has been
committed, as well as to detect and punish it afterwards. The preventive
function of government, however, is far more liable to be abused, to the
prejudice of liberty, than the punitory function; for there is hardly
any part of the legitimate freedom of action of a human being which
would not admit of being represented, and fairly too, as increasing the
facilities for some form or other of delinquency. Nevertheless, if a
public authority, or even a private person, sees any one evidently
preparing to commit a crime, they are not bound to look on inactive
until the crime is committed, but may interfere to prevent it. If
poisons were never bought or used for any purpose except the commission
of murder, it would be right to prohibit their manufacture and sale.
They may, however, be wanted not only for innocent but for useful
purposes, and restrictions cannot be imposed in the one case without
operating in the other. Again, it is a proper office of public authority
to guard against accidents. If either a public officer or any one else
saw a person attempting to cross a bridge which had been ascertained to
be unsafe, and there were no time to warn him of his danger, they might
seize him and turn him back, without any real infringement of his
liberty; for liberty consists in doing what one desires, and he does not
desire to fall into the river. Nevertheless, when there is not a
certainty, but only a danger of mischief, no one but the person himself
can judge of the sufficiency of the motive which may prompt him to incur
the risk: in this case, therefore (unless he is a child, or delirious,
or in some state of excitement or absorption incompatible with the full
use of the reflecting faculty), he ought, I conceive, to be only warned
of the danger; not forcibly prevented from exposing himself to it.
Similar considerations, applied to such a question as the sale of
poisons, may enable us to decide which among the possible modes of
regulation are or are not contrary to principle. Such a precaution, for
example, as that of labelling the drug with some word expressive of its
dangerous character, may be enforced without violation of liberty: the
buyer cannot wish not to know that the thing he possesses has poisonous
qualities. But to require in all cases the certificate of a medical
practitioner, would make it sometimes impossible, always expensive, to
obtain the article for legitimate uses. The only mode apparent to me, in
which difficulties may be thrown in the way of crime committed through
this means, without any infringement, worth taking into account, upon
the liberty of those who desire the poisonous substance for other
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