Winterslow: Essays and Characters Written ThereHazlitt, William
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Winterslow: Essays and Characters Written There
Hazlitt, William
English essays
of absolute power would insinuate) that one man's right is nothing
because another's is something. But suppose there is not time to
pass, and one or other must perish, in the case just mentioned, then
each must do the best for himself that he can, and the instinct of
self-preservation prevails over everything else. In the streets of
London, the passengers take the right hand of one another and the
wall alternately; he who should not conform to this rule would be
guilty of a breach of the peace. But if a house were falling, or a
mad ox driven furiously by, the rule would be, of course, suspended,
because the case would be out of the ordinary. Yet I think I can
conceive, and have even known, persons capable of carrying the point
of gallantry in political right to such a pitch as to refuse to take
a precedence which did not belong to them in the most perilous
circumstances, just as a soldier may waive a right to quit his post,
and takes his turn in battle. The actual collision or case of
personal assault and battery, is, then, clearly prohibited, inasmuch
as each person's body is clearly defined: but how if A use other
means of annoyance against B, such as a sword or poison, or resort
to what causes other painful sensations besides tangible ones, for
instance, certain disagreeable sounds and smells? Or, if these are
included as a violation of personal rights, then how draw the line
between them and the employing certain offensive words and gestures
or uttering opinions which I disapprove? This is a puzzler for the
dogmatic school; but they solve the whole difficulty by an
assumption of _utility_, which is as much as to tell a person that
the way to any place to which he asks a direction is 'to follow his
nose.' We want to know by given marks and rules what is best and
useful; and they assure us very wisely, that this is infallibly and
clearly determined by what is best and useful. Let us try something
else. It seems no less necessary to erect certain little
_fortalices_, with palisades and outworks about them, for RIGHT to
establish and maintain itself in, than as landmarks to guide us
across the wide waste of UTILITY. If a person runs a sword through
me, or administers poison, or procures it to be administered, the
effect, the pain, disease or death is the same, and I have the same
right to prevent it, on the principle that I am the sufferer; that
the injury is offered to me, and he is no gainer by it, except for
mere malice or caprice, and I therefore remain master and judge of
my own remedy, as in the former case; the principle and definition
of right being to secure to each individual the determination and
protection of that portion of sensation in which he has the
greatest, if not a sole interest, and, as it were, identity with it.
Again, as to what are called _nuisances_, to wit offensive smells,
sounds, etc., it is more difficult to determine, on the ground that
_one man's meat is another man's poison_. I remember a case occurred
Public-domain text, read in full here on John Shaqi.
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