Classic Political Philosophy for the Modern Man (Classics for the Modern Man Book 3) by Lynn Andrew

Author:Lynn, Andrew [Lynn, Andrew]
Language: eng
Format: azw3
ISBN: 9781912360192
Publisher: Howgill House Books
Published: 2019-03-25T16:00:00+00:00

Article IV

Liberty consists in being able to do that which is not hurtful to another, and therefore the exercise of the natural rights of each man has no other bounds than those which insure to the other members of the society the enjoyment of the same rights. These bounds cannot be determined but by the law.

In this article, three propositions are included:

Proposition 1. Liberty consists in being able to do that which is not hurtful to another. What! In that, and nothing else? Is not the liberty of doing mischief liberty? If not, what is it? And what word is there for it in the language, or in any language by which it can be spoken of? How childish, how repugnant to the ends of language, is this perversion of language! To attempt to confine a word in common and perpetual use, to an import to which nobody ever confined it before, or will continue to confine it! And so I am never to know whether I am at liberty or not to do or to omit doing one act, till I see whether or no there is anybody that may be hurt by it—till I see the whole extent of all its consequences? Liberty! What liberty? As against what power? As against coercion from what source? As against coercion issuing from the law? Then to know whether the law have left me at liberty in any respect in relation to any act, I am to consult not the words of the law, but my own conception of what would be the consequences of the act. If among these consequences there be a single one by which anybody would be hurt, then, whatever the law says to me about it, I am not at liberty to do it. I am an officer of justice, appointed to superintend the execution of punishments ordered by justice: if I am ordered to cause a thief to be whipped, to know whether I am at liberty to cause the sentence to be executed, I must know whether whipping would hurt the thief; if it would, then I am not at liberty to whip the thief—to inflict the punishment which it is my duty to inflict.

Proposition 2. And therefore the exercise of the natural rights of each man has no other bounds than those which insure to the other members of the society the enjoyment of those same rights. Has no other bounds? Where is it that it has no other bounds? In what nation—under what government? If under any government, then the state of legislation under that government is in a state of absolute perfection. If there be no such government, then, by a confession necessarily implied, there is no nation upon earth in which this definition is conformable to the truth.

Proposition 3. These bounds cannot be determined but by the law. More contradiction, more confusion. What then? This liberty, this right, which is one of four rights that existed before laws, and will

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