This view of the case was presented in the last generation by Sir James
Fitz-James Stephen in a book of extraordinary strength and brilliancy
entitled "Liberty, Equality, Fraternity." It was written in answer to
John Stuart Mill, and is, without doubt, the most powerful assault in
the English language on what men have been pleased to call in modern
times "liberty of conscience." In his letters and essays, Mr. Mill,
according to the interpretation of Mr. Stephen, "condemns absolutely all
interference with the expression of opinion." When tried by this
standard, the Athenian dicasts, who condemned Socrates; Marcus Aurelius,
who persecuted the Christians; Pontius Pilate, who crucified Jesus; and
Philip II, who sanctioned the tortures of the Spanish Inquisition, were
simply violators of rights of personal opinion and of freedom of
conscience. If you deny the right of liberty of conscience, Mr. Mill
contends, you must not censure Marcus Aurelius and other persecutors of
Christianity. On the contrary, you must approve such persecution; and
you must go further, and find "a principle which would justify Pontius
Pilate." This challenge was boldly accepted by Mr. Stephen, who says:
"Was Pilate right in crucifying Christ? I reply, Pilate's paramount duty
was to preserve the peace in Palestine, to form the best judgment he
could as to the means required for that purpose, and to act upon it when
it was formed. Therefore, if and in so far as he believed in good faith
and on reasonable grounds that what he did was necessary for the
preservation of the peace of Palestine, he was right. It was his duty to
run the risk of being mistaken, notwithstanding Mr. Mill's principle as
to liberty. He was in the position of a judge whose duty it is to try
persons duly brought before him for trial at the risk of error."[119]
Public-domain text, read in full here on John Shaqi.
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