Introductory

Chapter – 1

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Anviksha Paradkar

Alumna (BHU)

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  • The essay addresses Civil or Social Liberty, not the Liberty of the Will.
  • It explores the nature and limits of society’s legitimate power over the individual.
  • This issue has been historically overlooked in general discussions but deeply influences modern debates.
  • The question is ancient but presents new challenges in the current stage of societal progress.
  • The historical struggle between Liberty and Authority is evident in Greece, Rome, and England.
  • In earlier times, liberty meant protection against the tyranny of political rulers.
  • Rulers were often seen as inherently antagonistic to the people they governed.
  • Authority was derived from inheritance, conquest, or other non-consensual means.
  • The ruler’s power was viewed as necessary yet dangerous, requiring constant defense.
  • Early patriots aimed to limit the ruler’s power to safeguard liberty.
  • The first method involved securing political rights or immunities, which rulers were duty-bound to respect.
  • Violating these rights justified resistance or rebellion.
  • The second method was establishing constitutional checks requiring community consent for key decisions.
  • Many European rulers conceded to the first method but resisted the second.
  • The pursuit of constitutional checks became the central goal for advocates of liberty.
  • Early struggles focused on combating tyranny without challenging the need for a ruling authority.
  • Aspirations for liberty remained limited to being ruled under constraints.
  • A time emerged when people ceased to view their governors as independent powers with interests opposed to their own.
  • They advocated for elective and temporary rulers, accountable and revocable at the people’s will.
  • This shifted the focus from limiting rulers’ power to ensuring rulers were aligned with the people’s interests.
  • The belief grew that rulers could be trusted with power, as it was merely a concentration of the people’s will.
  • This sentiment dominated European liberalism, particularly on the Continent, but faced challenges over time.
  • Success in establishing popular government revealed flaws in the notion that the people need no limits on their power over themselves.
  • Early examples like the French Revolution were seen as aberrations, not representative of permanent democratic systems.
  • With the rise of democratic republics, it became clear that “self-government” often meant majority rule, which could oppress minorities.
  • The tyranny of the majority became a recognized issue, highlighting the need to limit power, even in democratic systems.
  • Reflective thinkers noted that society, acting collectively, can impose a social tyranny beyond political oppression.
  • Social tyranny enforces conformity, restricting individuality and deeply affecting personal life and freedom.
  • Protection is required not just from political despotism but also from society’s prevailing opinions and practices.
  • There must be limits on collective opinion’s interference with individual independence to safeguard human progress.
  • Determining the limit between individual independence and social control is a challenging and unresolved issue.
  • Rules of conduct are necessary to ensure coexistence, enforced by both law and public opinion.
  • These rules vary widely across ages and cultures, often appearing self-evident due to the influence of custom.
  • Custom, mistaken for natural order, fosters an illusion that moral norms require no justification.
  • People often base moral judgments on feelings, viewing them as superior to reason.
  • These feelings reflect personal preferences, mistaken as universal principles when shared by others.
  • Most moral standards are influenced by self-interest, whether legitimate or not.
  • In societies with an ascendant class, morality often aligns with the class’s interests and superiority.
  • Examples include relationships like Spartans and Helots, planters and slaves, or nobles and commoners.
  • When an ascendant class loses power, moral sentiments may reflect resentment towards superiority.
  • Another significant influence is servility to the preferences of temporal rulers or deities, often driving actions like persecution of heretics.
  • While society’s general interests shape morality, they are often secondary to sympathies and antipathies with unrelated origins.
  • These varied influences demonstrate the complexity and subjectivity in forming moral rules.
  • The preferences of society or powerful groups largely shape the rules enforced by law or public opinion.
  • Thinkers ahead of their time often challenge specific societal norms without questioning the principle of society’s power to enforce preferences.
  • Religious freedom has been a key domain where the rights of individuals against societal norms have been consistently asserted.
  • The fight for religious liberty highlights the fallibility of the moral sense, often driven by intolerance even in sincere beliefs.
  • Religious tolerance emerged largely from necessity, as minorities sought permission to differ when unable to dominate.
  • In practice, religious freedom remains limited, with tolerance often conditional on shared fundamental beliefs.
  • In England, public opinion exercises a stronger yoke than law, influenced by historical distrust of government.
  • Public resistance to government interference stems from a mistrust of governance rather than a principled defense of individual liberty.
  • There is no clear principle guiding what government actions are legitimate, leading to inconsistent opinions on state intervention.
  • Some advocate for more government action to address social ills, while others resist, fearing overreach, without a consistent rationale.
  • The essay proposes a single principle: society’s interference in individual liberty is justified only for self-protection.
  • The sole rightful use of power against an individual is to prevent harm to others, not for their own good or happiness.
  • Persuasion and reasoning are valid responses to personal conduct, but compulsion is justified only to prevent harm to others.
  • Individuals are sovereign over their own body and mind in matters that concern only themselves.
  • The doctrine applies only to mature individuals capable of independent reasoning and decision-making.
  • Children and immature societies require external control for their own protection and development.
  • Despotism may be justified in guiding “barbarian” societies toward improvement when other means are unavailable, but only if it achieves that end effectively.
  • Once societies can engage in free and equal discussion, compulsion for their own good is unjustifiable and only valid for protecting others.
  • The principle is grounded in utility, emphasizing the permanent interests of humans as progressive beings.
  • External control is justified when actions harm others, whether through direct acts or omissions.
  • Positive acts, like saving lives or participating in societal duties, may be justly compelled when failure to act causes harm.
  • Inaction causing harm makes a person accountable, though compulsion in such cases requires greater caution.
  • External responsibility may not be enforced when individual discretion is likely to yield better outcomes or when control would cause greater harm.
  • In such cases, conscience must take over, holding individuals to a higher standard in protecting others’ interests.
  • Society has an indirect interest in actions affecting only the individual or involving others’ voluntary and informed consent.
  • The sphere of liberty includes:
    • Freedom of thought and expression, encompassing all opinions and sentiments.
    • Freedom of personal pursuits, allowing individuals to live as they choose without harming others.
    • Freedom of association, permitting voluntary and harm-free combinations of individuals.
  • True freedom means pursuing one’s own good without depriving or impeding others.
  • Ancient societies often regulated private conduct for state survival, but modern societies, though less legally intrusive, employ moral repression to enforce conformity.
  • Religion and Puritanism have historically been powerful tools of moral control, often extending beyond social matters into personal life.
  • Modern thinkers like Comte advocate for societal control surpassing even ancient ideals, often through moral rather than legal means.
  • There is a growing tendency to expand societal power, through opinion and legislation, encroaching on individual liberty.
  • The strengthening of society and diminishing individual power pose a rising threat unless restrained by moral conviction.
  • Human nature’s inclination to impose personal views as universal rules, fueled by both noble and base emotions, will persist and expand if unchecked.
  • The argument begins with a focus on Liberty of Thought, closely tied to the liberties of speech and writing.
  • These liberties are partly recognized in societies with religious toleration and free institutions, though their philosophical and practical basis may not be fully appreciated.
  • A detailed exploration of Liberty of Thought serves as a foundation for broader discussions on individual liberty.
  • While this subject has been frequently debated for centuries, revisiting it remains relevant and valuable.

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