Suppose, for the sake of argument, that, struck by some Malthusian panic, a
legislature duly representing public opinion were to enact that all
children born during the next ten years should be drowned. Does any one
think such an enactment would be warrantable? If not, there is evidently a
limit to the power of a majority. Suppose, again, that of two races living
together--Celts and Saxons, for example--the most numerous determined to
make the others their slaves. Would the authority of the greatest number be
in such case valid? If not, there is something to which its authority must
be subordinate. Suppose, once more, that all men having incomes under L50 a
year were to resolve upon reducing every income above that amount to their
own standard, and appropriating the excess for public purposes. Could their
resolution be justified? If not, it must be a third time confessed that
there is a law to which the popular voice must defer. What, then, is that
law, if not the law of pure equity--the law of equal freedom? These
restraints, which all would put to the will of the majority, are exactly
the restraints set up by that law. We deny the right of a majority to
murder, to enslave, or to rob, simply because murder, enslaving, and
robbery are violations of that law--violations too gross to be overlooked.
But, if great violations of it are wrong, so also are smaller ones. If the
will of the many cannot supersede the first principle of morality in these
cases, neither can it in any. So that, however insignificant the minority,
and however trifling the proposed trespass against their rights, no such
trespass is permissible.
When we have made our constitution purely democratic, thinks to himself the
earnest reformer, we shall have brought government into harmony with
absolute justice. Such a faith, though perhaps needful for the age, is a
very erroneous one. By no process can coercion be made equitable. The
freest form of government is only the least objectionable form. The rule of
the many by the few we call tyranny: the rule of the few by the many is
tyranny also, only of a less intense kind. "You shall do as we will, and
not as you will," is in either case the declaration; and, if the hundred
make it to ninety-nine, instead of the ninety-nine to the hundred, it is
only a fraction less immoral. Of two such parties, whichever fulfils this
declaration necessarily breaks the law of equal freedom: the only
difference being that by the one it is broken in the persons of
ninety-nine, whilst by the other it is broken in the persons of a hundred.
And the merit of the democratic form of government consists solely in
this,--that it trespasses against the smallest number.
Public-domain text, read in full here on John Shaqi.
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