The principles asserted in these pages must be more generally admitted
as the basis for discussion of details, before a consistent application
of them to all the various departments of government and morals can be
attempted with any prospect of advantage. The few observations I propose
to make on questions of detail, are designed to illustrate the
principles, rather than to follow them out to their consequences. I
offer, not so much applications, as specimens of application; which may
serve to bring into greater clearness the meaning and limits of the two
maxims which together form the entire doctrine of this Essay, and to
assist the judgment in holding the balance between them, in the cases
where it appears doubtful which of them is applicable to the case.
The maxims are, first, that the individual is not accountable to society
for his actions, in so far as these concern the interests of no person
but himself. Advice, instruction, persuasion, and avoidance by other
people if thought necessary by them for their own good, are the only
measures by which society can justifiably express its dislike or
disapprobation of his conduct. Secondly, that for such actions as are
prejudicial to the interests of others, the individual is accountable
and may be subjected either to social or to legal punishments, if
society is of opinion that the one or the other is requisite for its
protection.
In the first place, it must by no means be supposed, because damage, or
probability of damage, to the interests of others, can alone justify the
interference of society, that therefore it always does justify such
interference. In many cases, an individual, in pursuing a legitimate
object, necessarily and therefore legitimately causes pain or loss to
others, or intercepts a good which they had a reasonable hope of
obtaining. Such oppositions of interest between individuals often arise
from bad social institutions, but are unavoidable while those
institutions last; and some would be unavoidable under any institutions.
Whoever succeeds in an overcrowded profession, or in a competitive
examination; whoever is preferred to another in any contest for an
object which both desire, reaps benefit from the loss of others, from
their wasted exertion and their disappointment. But it is, by common
admission, better for the general interest of mankind, that persons
should pursue their objects undeterred by this sort of consequences. In
other words, society admits no rights, either legal or moral, in the
disappointed competitors, to immunity from this kind of suffering; and
feels called on to interfere, only when means of success have been
employed which it is contrary to the general interest to permit--namely,
fraud or treachery, and force.