What Prohibition Has Done to AmericaFranklin, Fabian
History
What Prohibition Has Done to America
Franklin, Fabian
Prohibition -- United States; United States. Constitution. 18th Amendment
Defenders of Prohibition seek to do away with the objection to it as an
invasion of personal liberty by pointing out that all submission to
civil government is in the nature of a surrender of personal liberty.
This is true enough, but only a shallow mind can be content with this
cheap and easy disposition of the question. To any one who stops to
think of the subject with some intelligence it must be evident that the
argument proves either too much or nothing at all. If it means that no
proposed restriction can properly be objected to as an invasion of
personal liberty, because all restrictions are on the same footing as
part of the order of society, it means what every man of sense would at
once declare to be preposterous; and if it does not mean that it leaves
the question at issue wholly untouched.
Submission to an orderly government does, of course, involve the
surrender of one's personal freedom in countless directions. But
speaking broadly, such surrender is exacted, under what are generally
known as "free institutions," only to the extent to which the right of
one man to do as he pleases has to be restricted in order to secure the
elementary rights of other men from violation, or to preserve
conditions that are essential to the general welfare. If A steals, he
steals from B; if he murders, he kills B; if he commits arson, he sets
fire to B's house. If a man makes a loud noise in the street, he
disturbs the quiet of hundreds of his fellow citizens, and may make
life quite unendurable to them. There are complexities into which I
cannot enter in such matters as Sunday closing and kindred regulations;
but upon examination it is easily enough seen that they fall in essence
under the same principle--the principle of restraint upon one
individual to prevent him from injuring not himself, but others.
Public-domain text, read in full here on John Shaqi.
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