purposes, consists in providing what, in the apt language of Bentham, is
called "preappointed evidence." This provision is familiar to every one
in the case of contracts. It is usual and right that the law, when a
contract is entered into, should require as the condition of its
enforcing performance, that certain formalities should be observed, such
as signatures, attestation of witnesses, and the like, in order that in
case of subsequent dispute, there may be evidence to prove that the
contract was really entered into, and that there was nothing in the
circumstances to render it legally invalid: the effect being, to throw
great obstacles in the way of fictitious contracts, or contracts made in
circumstances which, if known, would destroy their validity. Precautions
of a similar nature might be enforced in the sale of articles adapted to
be instruments of crime. The seller, for example, might be required to
enter into a register the exact time of the transaction, the name and
address of the buyer, the precise quality and quantity sold; to ask the
purpose for which it was wanted, and record the answer he received. When
there was no medical prescription, the presence of some third person
might be required, to bring home the fact to the purchaser, in case
there should afterwards be reason to believe that the article had been
applied to criminal purposes. Such regulations would in general be no
material impediment to obtaining the article, but a very considerable
one to making an improper use of it without detection.
The right inherent in society, to ward off crimes against itself by
antecedent precautions, suggests the obvious limitations to the maxim,
that purely self-regarding misconduct cannot properly be meddled with
in the way of prevention or punishment. Drunkenness, for example, in
ordinary cases, is not a fit subject for legislative interference; but I
should deem it perfectly legitimate that a person, who had once been
convicted of any act of violence to others under the influence of drink,
should be placed under a special legal restriction, personal to himself;
that if he were afterwards found drunk, he should be liable to a
penalty, and that if when in that state he committed another offence,
the punishment to which he would be liable for that other offence should
be increased in severity. The making himself drunk, in a person whom
drunkenness excites to do harm to others, is a crime against others. So,
again, idleness, except in a person receiving support from the public,
or except when it constitutes a breach of contract, cannot without
tyranny be made a subject of legal punishment; but if either from
idleness or from any other avoidable cause, a man fails to perform his
legal duties to others, as for instance to support his children, it is
no tyranny to force him to fulfil that obligation, by compulsory labour,
if no other means are available.