Winterslow: Essays and Characters Written ThereHazlitt, William
General
Winterslow: Essays and Characters Written There
Hazlitt, William
English essays
as few things as possible. 1. There can, according to the principle
here imperfectly sketched, be no laws for the enforcement of morals;
because morals have to do with the will and affections, and the law
only puts a restraint on these. Every one is politically constituted
the judge of what is best for himself; it is only when he encroaches
on others that he can be called to account. He has no right to say
to others, You shall do as I do: how then should they have a right
to say to him, You shall do as we do? Mere numbers do not convey
the right, for the law addresses not one, but the whole community.
For example, there cannot rightly be a law to set a man in the
stocks for getting drunk. It injures his health, you say. That is
his concern, and not mine. But it is detrimental to his affairs: if
so, he suffers most by it. But it is ruinous to his wife and family:
he is their natural and legal guardian. But they are thrown upon the
parish: the parish need not take the burden upon itself, unless it
chooses or has agreed to do so. If a man is not kind to or fond of
his wife I see no law to make him. If he beats her, or threatens her
life, she as clearly has a right to call in the aid of a constable
or justice of peace. I do not see, in like manner, how there can be
law against gambling (against cheating there may), nor against
usury. A man gives twenty, forty, a hundred per cent. with his eyes
open, but would he do it if strong necessity did not impel him?
Certainly no man would give double if he could get the same
advantage for half. There are circumstances in which a rope to save
me from drowning, or a draught of water, would be worth all I have.
In like manner, lotteries are fair things; for the loss is
inconsiderable, and the advantage may be incalculable. I do not
believe the poor put into them, but the reduced rich, the
_shabby-genteel_. Players were formerly prohibited as a nuisance,
and fortune-tellers still are liable to the Vagrant Act, which the
parson of the parish duly enforces, in his zeal to prevent cheating
and imposture, while he himself has his two livings, and carries off
a tenth of the produce of the soil. Rape is an offence clearly
punishable by law; but I would not say that simple incontinence is
so. I will give one more example, which, though quaint, may explain
the distinction I aim at. A man may commit suicide if he pleases,
without being responsible to any one. He may quit the world as he
would quit the country where he was born. But if any person were to
fling himself from the gallery into the pit of a playhouse, so as to
endanger the lives of others, if he did not succeed in killing
himself, he would render himself liable to punishment for the
attempt, if it were to be supposed that a person so desperately
situated would care about consequences. Duelling is lawful on the
same principle, where every precaution is taken to show that the act
is voluntary and fair on both sides. I might give other instances,
Public-domain text, read in full here on John Shaqi.
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