Again, there are many acts which, being directly injurious only to the
agents themselves, ought not to be legally interdicted, but which, if
done publicly, are a violation of good manners and coming thus within
the category of offences against others may rightfully be prohibited. Of
this kind are offences against decency; on which it is unnecessary to
dwell, the rather as they are only connected indirectly with our
subject, the objection to publicity being equally strong in the case of
many actions not in themselves condemnable, nor supposed to be so.
There is another question to which an answer must be found, consistent
with the principles which have been laid down. In cases of personal
conduct supposed to be blamable, but which respect for liberty precludes
society from preventing or punishing, because the evil directly
resulting falls wholly on the agent; what the agent is free to do, ought
other persons to be equally free to counsel or instigate? This question
is not free from difficulty. The case of a person who solicits another
to do an act, is not strictly a case of self-regarding conduct. To give
advice or offer inducements to any one, is a social act, and may
therefore, like actions in general which affect others, be supposed
amenable to social control. But a little reflection corrects the first
impression, by showing that if the case is not strictly within the
definition of individual liberty, yet the reasons on which the
principle of individual liberty is grounded, are applicable to it. If
people must be allowed, in whatever concerns only themselves, to act as
seems best to themselves at their own peril, they must equally be free
to consult with one another about what is fit to be so done; to exchange
opinions, and give and receive suggestions. Whatever it is permitted to
do, it must be permitted to advise to do. The question is doubtful, only
when the instigator derives a personal benefit from his advice; when he
makes it his occupation, for subsistence or pecuniary gain, to promote
what society and the state consider to be an evil. Then, indeed, a new
element of complication is introduced; namely, the existence of classes
of persons with an interest opposed to what is considered as the public
weal, and whose mode of living is grounded on the counteraction of it.
Ought this to be interfered with, or not? Fornication, for example, must
be tolerated, and so must gambling; but should a person be free to be a
pimp, or to keep a gambling-house? The case is one of those which lie on
the exact boundary line between two principles, and it is not at once
apparent to which of the two it properly belongs. There are arguments on
both sides. On the side of toleration it may be said, that the fact of
following anything as an occupation, and living or profiting by the
practice of it, cannot make that criminal which would otherwise be
admissible; that the act should either be consistently permitted or