Thirdly, in order to render a social construction possible on this
basis, we must assume that the right to Freedom includes the right
to limit one’s freedom by contract; and that such contracts, if they
are really voluntary and not obtained by fraud or force, and if they
do not violate the freedom of others, are to be enforced by legal
penalties. But I cannot see that enforcement of Contracts is strictly
included in the notion of realising Freedom; for a man seems to be most
completely free when no one of his volitions is allowed to have any
effect in causing the _external_ coercion of any other. If, again, this
right of limiting Freedom is itself unlimited, a man might thus freely
contract himself out of freedom into slavery, so that the principle
of freedom would turn out suicidal; and yet to deduce from this
principle a limited right of limiting freedom by contract seems clearly
impossible.[213]
But if it be difficult to define freedom as an ideal to be realised
in the merely personal relations of human beings, the difficulty is
increased when we consider the relation of men to the material means of
life and happiness.
For it is commonly thought that the individual’s right to Freedom
includes the right of appropriating material things. But, if Freedom
be understood strictly, I do not see that it implies more than his
right to non-interference while actually using such things as can
only be used by one person at once: the right to prevent others from
using at any future time anything that an individual has once seized
seems an interference with the free action of others beyond what is
needed to secure the freedom, strictly speaking, of the appropriator.
It may perhaps be said that a man, in appropriating a particular
thing, does not interfere with the freedom of others, because the
rest of the world is still open to them. But others may want just
what he has appropriated: and they may not be able to find anything
so good at all, or at least without much labour and search; for many
of the instruments and materials of comfortable living are limited in
quantity. This argument applies especially to property in land: and it
is to be observed that, in this case, there is a further difficulty
in determining how much a man is to be allowed to appropriate by
‘first occupation.’ If it be said that a man is to be understood to
occupy what he is able to use, the answer is obvious that the use of
land by any individual may vary almost indefinitely in extent, while
diminishing proportionally in intensity. For instance, it would surely
be a paradoxical deduction from the principle of Freedom to maintain
that an individual had a right to exclude others from pasturing sheep
on any part of the land over which his hunting expeditions could
extend.[214] But if so can it be clear that a shepherd has such a right
against one who wishes to till the land, or that one who is using the
surface has a right to exclude a would-be miner? I do not see how
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