第 5 节
作者:热带雨淋      更新:2021-02-20 05:16      字数:9322
  familiar to the general mind; nor so thoroughly appreciated by many
  even of the leaders of opinion; as might have been expected。 Those
  grounds; when rightly understood; are of much wider application than
  to only one division of the subject; and a thorough consideration of
  this part of the question will be found the best introduction to the
  remainder。 Those to whom nothing which I am about to say will be
  new; may therefore; I hope; excuse me; if on a subject which for now
  three centuries has been so often discussed; I venture on one
  discussion more。
  Chapter 2。
  Of the Liberty of Thought and Discussion。
  THE TIME; it is to be hoped; is gone by; when any defence would be
  necessary of the 〃liberty of the press〃 as one of the securities
  against corrupt or tyrannical government。 No argument; we may suppose;
  can now be needed; against permitting a legislature or an executive;
  not identified in interest with the people; to prescribe opinions to
  them; and determine what doctrines or what arguments they shall be
  allowed to hear。 This aspect of the question; besides; has been so
  of and so triumphantly enforced by preceding writers; that it needs
  not be specially insisted on in this place。 Though the law of England;
  on the subject of the press; is as servile to this day as it was in
  the time of the Tudors; there is little danger of its being actually
  put in force against political discussion; except during some
  temporary panic; when fear of insurrection drives ministers and judges
  from their propriety;* and; speaking generally; it is not; in
  constitutional countries; to be apprehended; that the government;
  whether completely responsible to the people or not; will often
  attempt to control the expression of opinion; except when in doing
  so it makes itself the organ of the general intolerance of the public。
  Let us suppose; therefore; that the government is entirely at one with
  the people; and never thinks of exerting any power of coercion
  unless in agreement with what it conceives to be their voice。 But I
  deny the right of the people to exercise such coercion; either by
  themselves or by their government。 The power itself is illegitimate。
  The best government has no more title to it than the worst。 It is as
  noxious; or more noxious; when exerted in accordance with public
  opinion; than when in opposition to it。 If all mankind minus one
  were of one opinion; and only one person were of the contrary opinion;
  mankind would be no more justified in silencing that one person;
  than he; if he had the power; would be justified in silencing mankind。
  Were an opinion a personal possession of no value except to the owner;
  if to be obstructed in the enjoyment of it were simply a private
  injury; it would make some difference whether the injury was inflicted
  only on a few persons or on many。 But the peculiar evil of silencing
  the expression of an opinion is; that it is robbing the human race;
  posterity as well as the existing generation; those who dissent from
  the opinion; still more than those who hold it。 If the opinion is
  right; they are deprived of the opportunity of exchanging error for
  truth: if wrong; they lose; what is almost as great a benefit; the
  clearer perception and livelier impression of truth; produced by its
  collision with error。
  * These words had scarcely been written; when; as if to give them
  an emphatic contradiction; occurred the Government Press
  Prosecutions of 1858。 That ill…judged interference with the liberty of
  public discussion has not; however; induced me to alter a single
  word in the text; nor has it at all weakened my conviction that;
  moments of panic excepted; the era of pains and penalties for
  political discussion has; in our own country; passed away。 For; in the
  first place; the prosecutions were not persisted in; and; in the
  second; they were never; properly speaking; political prosecutions。
  The offence charged was not that of criticising institutions; or the
  acts or persons of rulers; but of circulating what was deemed an
  immoral doctrine; the lawfulness of Tyrannicide。
  If the arguments of the present chapter are of any validity; there
  ought to exist the fullest liberty of professing and discussing; as
  a matter of ethical conviction; any doctrine; however immoral it may
  be considered。 It would; therefore; be irrelevant and out of place
  to examine here; whether the doctrine of Tyrannicide deserves that
  title。 I shall content myself with saying that the subject has been at
  all times one of the open questions of morals; that the act of a
  private citizen in striking down a criminal; who; by raising himself
  above the law; has placed himself beyond the reach of legal punishment
  or control; has been accounted by whole nations; and by some of the
  best and wisest of men; not a crime; but an act of exalted virtue; and
  that; right or wrong; it is not of the nature of assassination; but of
  civil war。 As such; I hold that the instigation to it; in a specific
  case; may be a proper subject of punishment; but only if an overt
  act has followed; and at least a probable connection can be
  established between the act and the instigation。 Even then; it is
  not a foreign government; but the very government assailed; which
  alone; in the exercise of self…defence; can legitimately punish
  attacks directed against its own existence。
  It is necessary to consider separately these two hypotheses; each of
  which has a distinct branch of the argument corresponding to it。 We
  can never be sure that the opinion we are endeavouring to stifle is
  a false opinion; and if we were sure; stifling it would be an evil
  still。
  First: the opinion which it is attempted to suppress by authority
  may possibly be true。 Those who desire to suppress it; of course
  deny its truth; but they are not infallible。 They have no authority to
  decide the question for all mankind; and exclude every other person
  from the means of judging。 To refuse a hearing to an opinion;
  because they are sure that it is false; is to assume that their
  certainty is the same thing as absolute certainty。 All silencing of
  discussion is an assumption of infallibility。 Its condemnation may
  be allowed to rest on this common argument; not the worse for being
  common。
  Unfortunately for the good sense of mankind; the fact of their
  fallibility is far from carrying the weight in their practical
  judgment which is always allowed to it in theory; for while every
  one well knows himself to be fallible; few think it necessary to
  take any precautions against their own fallibility; or admit the
  supposition that any opinion; of which they feel very certain; may
  be one of the examples of the error to which they acknowledge
  themselves to be liable。 Absolute princes; or others who are
  accustomed to unlimited deference; usually feel this complete
  confidence in their own opinions on nearly all subjects。 People more
  happily situated; who sometimes hear their opinions disputed; and
  are not wholly unused to be set right when they are wrong; place the
  same unbounded reliance only on such of their opinions as are shared
  by all who surround them; or to whom they habitually defer; for in
  proportion to a man's want of confidence in his own solitary judgment;
  does he usually repose; with implicit trust; on the infallibility of
  〃the world〃 in general。 And the world; to each individual; means the
  part of it with which he comes in contact; his party; his sect; his
  church; his class of society; the man may be called; by comparison;
  almost liberal and large…minded to whom it means anything so
  comprehensive as his own country or his own age。 Nor is his faith in
  this collective authority at all shaken by his being aware that
  other ages; countries; sects; churches; classes; and parties have
  thought; and even now think; the exact reverse。 He devolves upon his
  own world the responsibility of being in the right against the
  dissentient worlds of other people; and it never troubles him that
  mere accident has decided which of these numerous worlds is the object
  of his reliance; and that the same causes which make him a Churchman
  in London; would have made him a Buddhist or a Confucian in Pekin。 Yet
  it is as evident in itself; as any amount of argument can make it;
  that ages are no more infallible than individuals; every age having
  held many opinions which subsequent ages have deemed not only false
  but absurd; and it is as certain that many opinions now general will
  be rejected by future ages; as it is that many; once general; are
  rejected by the present。
  The objection likely to be made to this argument would probably take
  some such form as