Wherever
the sentiment of the majority is still genuine and intense, it is found
to have abated little of its claim to be obeyed.
In England, from the peculiar circumstances of our political history,
though the yoke of opinion is perhaps heavier, that of law is lighter,
than in most other countries of Europe; and there is considerable
jealousy of direct interference, by the legislative or the executive
power, with private conduct; not so much from any just regard for the
independence of the individual, as from the still subsisting habit of
looking on the government as representing an opposite interest to the
public. The majority have not yet learnt to feel the power of the
government their power, or its opinions their opinions. When they do so,
individual liberty will probably be as much exposed to invasion from the
government, as it already is from public opinion. But, as yet, there is
a considerable amount of feeling ready to be called forth against any
attempt of the law to control individuals in things in which they have
not hitherto been accustomed to be controlled by it; and this with very
little discrimination as to whether the matter is, or is not, within the
legitimate sphere of legal control; insomuch that the feeling, highly
salutary on the whole, is perhaps quite as often misplaced as well
grounded in the particular instances of its application. There is, in
fact, no recognised principle by which the propriety or impropriety of
government interference is customarily tested. People decide according
to their personal preferences. Some, whenever they see any good to be
done, or evil to be remedied, would willingly instigate the government
to undertake the business; while others prefer to bear almost any amount
of social evil, rather than add one to the departments of human
interests amenable to governmental control. And men range themselves on
one or the other side in any particular case, according to this general
direction of their sentiments; or according to the degree of interest
which they feel in the particular thing which it is proposed that the
government should do, or according to the belief they entertain that the
government would, or would not, do it in the manner they prefer; but
very rarely on account of any opinion to which they consistently adhere,
as to what things are fit to be done by a government. And it seems to me
that in consequence of this absence of rule or principle, one side is
at present as often wrong as the other; the interference of government
is, with about equal frequency, improperly invoked and improperly
condemned.