[13] There is something both contemptible and frightful in the sort of
evidence on which, of late years, any person can be judicially declared
unfit for the management of his affairs; and after his death, his
disposal of his property can be set aside, if there is enough of it to
pay the expenses of litigation--which are charged on the property
itself. All the minute details of his daily life are pried into, and
whatever is found which, seen through the medium of the perceiving and
describing faculties of the lowest of the low, bears an appearance
unlike absolute commonplace, is laid before the jury as evidence of
insanity, and often with success; the jurors being little, if at all,
less vulgar and ignorant than the witnesses; while the judges, with that
extraordinary want of knowledge of human nature and life which
continually astonishes us in English lawyers, often help to mislead
them. These trials speak volumes as to the state of feeling and opinion
among the vulgar with regard to human liberty. So far from setting any
value on individuality--so far from respecting the rights of each
individual to act, in things indifferent, as seems good to his own
judgment and inclinations, judges and juries cannot even conceive that a
person in a state of sanity can desire such freedom. In former days,
when it was proposed to burn atheists, charitable people used to suggest
putting them in a madhouse instead: it would be nothing surprising
nowadays were we to see this done, and the doers applauding themselves,
because, instead of persecuting for religion, they had adopted so humane
and Christian a mode of treating these unfortunates, not without a
silent satisfaction at their having thereby obtained their deserts.
CHAPTER IV.
OF THE LIMITS TO THE AUTHORITY OF SOCIETY OVER THE INDIVIDUAL.
What, then, is the rightful limit to the sovereignty of the individual
over himself? Where does the authority of society begin? How much of
human life should be assigned to individuality, and how much to society?
Each will receive its proper share, if each has that which more
particularly concerns it. To individuality should belong the part of
life in which it is chiefly the individual that is interested; to
society, the part which chiefly interests society.