It was pointed out in an early part of this Essay, that the liberty of
the individual, in things wherein the individual is alone concerned,
implies a corresponding liberty in any number of individuals to regulate
by mutual agreement such things as regard them jointly, and regard no
persons but themselves. This question presents no difficulty, so long as
the will of all the persons implicated remains unaltered; but since that
will may change, it is often necessary, even in things in which they
alone are concerned, that they should enter into engagements with one
another; and when they do, it is fit, as a general rule, that those
engagements should be kept. Yet in the laws, probably, of every country,
this general rule has some exceptions. Not only persons are not held to
engagements which violate the rights of third parties, but it is
sometimes considered a sufficient reason for releasing them from an
engagement, that it is injurious to themselves. In this and most other
civilised countries, for example, an engagement by which a person should
sell himself, or allow himself to be sold, as a slave, would be null and
void; neither enforced by law nor by opinion. The ground for thus
limiting his power of voluntarily disposing of his own lot in life, is
apparent, and is very clearly seen in this extreme case. The reason for
not interfering, unless for the sake of others, with a person's
voluntary acts, is consideration for his liberty. His voluntary choice
is evidence that what he so chooses is desirable, or at the least
endurable, to him, and his good is on the whole best provided for by
allowing him to take his own means of pursuing it. But by selling
himself for a slave, he abdicates his liberty; he foregoes any future
use of it, beyond that single act. He therefore defeats, in his own
case, the very purpose which is the justification of allowing him to
dispose of himself. He is no longer free; but is thenceforth in a
position which has no longer the presumption in its favour, that would
be afforded by his voluntarily remaining in it. The principle of freedom
cannot require that he should be free not to be free. It is not freedom,
to be allowed to alienate his freedom. These reasons, the force of which
is so conspicuous in this peculiar case, are evidently of far wider
application; yet a limit is everywhere set to them by the necessities of
life, which continually require, not indeed that we should resign our
freedom, but that we should consent to this and the other limitation of
it. The principle, however, which demands uncontrolled freedom of action
in all that concerns only the agents themselves, requires that those who
have become bound to one another, in things which concern no third
party, should be able to release one another from the engagement: and
even without such voluntary release, there are perhaps no contracts or
engagements, except those that relate to money or money's worth, of