all nations with whom we need here concern ourselves), compulsion,
either in the direct form or in that of pains and penalties for
non-compliance, is no longer admissible as a means to their own good,
and justifiable only for the security of others.
It is proper to state that I forego any advantage which could be derived
to my argument from the idea of abstract right, as a thing independent
of utility. I regard utility as the ultimate appeal on all ethical
questions; but it must be utility in the largest sense, grounded on the
permanent interests of man as a progressive being. Those interests, I
contend, authorise the subjection of individual spontaneity to external
control, only in respect to those actions of each, which concern the
interest of other people. If any one does an act hurtful to others,
there is a _prima facie_ case for punishing him, by law, or, where legal
penalties are not safely applicable, by general disapprobation. There
are also many positive acts for the benefit of others, which he may
rightfully be compelled to perform; such as, to give evidence in a court
of justice; to bear his fair share in the common defence, or in any
other joint work necessary to the interest of the society of which he
enjoys the protection; and to perform certain acts of individual
beneficence, such as saving a fellow-creature's life, or interposing to
protect the defenceless against ill-usage, things which whenever it is
obviously a man's duty to do, he may rightfully be made responsible to
society for not doing. A person may cause evil to others not only by his
actions but by his inaction, and in either case he is justly accountable
to them for the injury. The latter case, it is true, requires a much
more cautious exercise of compulsion than the former. To make any one
answerable for doing evil to others, is the rule; to make him answerable
for not preventing evil, is, comparatively speaking, the exception. Yet
there are many cases clear enough and grave enough to justify that
exception. In all things which regard the external relations of the
individual, he is _de jure_ amenable to those whose interests are
concerned, and if need be, to society as their protector. There are
often good reasons for not holding him to the responsibility; but these
reasons must arise from the special expediencies of the case: either
because it is a kind of case in which he is on the whole likely to act
better, when left to his own discretion, than when controlled in any way
in which society have it in their power to control him; or because the
attempt to exercise control would produce other evils, greater than
those which it would prevent. When such reasons as these preclude the
enforcement of responsibility, the conscience of the agent himself
should step into the vacant judgment seat, and protect those interests
of others which have no external protection; judging himself all the
more rigidly, because the case does not admit of his being made