登陆注册
5417100000049

第49章

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 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, be 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 which one can venture to say that there ought to be no liberty whatever of retractation.

Baron Wilhelm von Humboldt, in the excellent essay from which I have already quoted, states it as his conviction, that engagements which involve personal relations or services should never be legally binding beyond a limited duration of time; and that the most important of these engagements, marriage, having the peculiarity that its objects are frustrated unless the feelings of both the parties are in harmony with it, should require nothing more than the declared will of either party to dissolve it. This subject is too important, and too complicated, to be discussed in a parenthesis, and I touch on it only so far as is necessary for purposes of illustration. If the conciseness and generality of Baron Humboldt's dissertation had not obliged him in this instance to content himself with enunciating his conclusion without discussing the premises, he would doubtless have recognised that the question cannot be decided on grounds so simple as those to which he confines himself. When a person, either by express promise or by conduct, has encouraged another to rely upon his continuing to act in a certain way- to build expectations and calculations, and stake any part of his plan of life upon that supposition- a new series of moral obligations arises on his part towards that person, which may possibly be overruled, but cannot be ignored. And again, if the relation between two contracting parties has been followed by consequences to others; if it has placed third parties in any peculiar position, or, as in the case of marriage, has even called third parties into existence, obligations arise on the part of both the contracting parties towards those third persons, the fulfilment of which, or at all events the mode of fulfilment, must be greatly affected by the continuance or disruption of the relation between the original parties to the contract. It does not follow, nor can I admit, that these obligations extend to requiring the fulfilment of the contract at all costs to the happiness of the reluctant party; but they are a necessary element in the question; and even if, as Von Humboldt maintains, they ought to make no difference in the legal freedom of the parties to release themselves from the engagement (and I also hold that they ought not to make much difference), they necessarily make a great difference in the moral freedom. A person is bound to take all these circumstances into account before resolving on a step which may affect such important interests of others; and if he does not allow proper weight to those interests, he is morally responsible for the wrong. I have made these obvious remarks for the better illustration of the general principle of liberty, and not because they are at all needed on the particular question, which, on the contrary, is usually discussed as if the interest of children was everything, and that of grown persons nothing.

同类推荐
  • 西汉会要

    西汉会要

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 西方愿文解

    西方愿文解

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 文忠集

    文忠集

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 佛心经品亦通大随求陀罗尼

    佛心经品亦通大随求陀罗尼

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 明伦汇编人事典患难部

    明伦汇编人事典患难部

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
热门推荐
  • 华尔街:野心不眠

    华尔街:野心不眠

    本书是华尔街营销传奇人物、上市公司董事长王勇的自传。一个出身普通家庭的少年,自小心怀大志,儒雅的外表下有颗异常坚定的心。内里“不奋斗,毋宁死”的劲儿贯穿着他这前六十年的人生:23岁放弃公职考进大学,31岁赤手空拳赴美留学,与妻子一边打工赚取学费一边求学,32岁考入明尼苏达大学攻读硕士,毕业后在硅谷的MP公司从普通的销售员做起,晋升到首席营销员、国际事务部总经理。38岁的他创立“美国环球实业公司”,49岁公司在华尔街上市。这条崛起之路,是一部不断的斗争史。公司达到年产值两亿美元高峰时,却因内斗伤痕累累,王勇为着股民和自己,两次与窃据公司职位者对簿公堂,最终大获全胜,宛如好莱坞式的人间话剧。
  • 商妇升财有道

    商妇升财有道

    赚钱,我来!送死你去!一朝穿越,直接跳过生儿育女,五岁大的女儿直接送上门。病残幼弱,身无分文,如何安家?她说,“你走吧,我一个残废,会拖累你的!”女儿说,“娘,你是不是嫌弃悔儿吃太多了,如果是,那悔儿以后都不吃了,你别撵悔儿走,好不好?”好,既然你有情,我便有义!她问,“不悔,你是想要金山银山,还是绫罗绸缎,我给你赚!”不悔说,“不要,都不要,不悔只要娘,只要娘!”都说女儿是赔钱货,教的再好,将来也是夫家的,不值钱,她偏不信,一定要把她的不悔教的千家聘,万家求,还求之不得!【片段】“娘,不悔真恨,恨自己为什么不是男儿身,让那些人,这般侮辱娘,生不出儿子!”她笑,“不悔,你且记住,他们辱你,骂你,气了,你就放大黄去咬,咬死一个是一个,咬死两个,算一双!”【片段】听说男神就住在隔壁。听说男神家财万贯,金山银山。听说男神丰神俊朗,玉树临风,谪仙容貌迷倒万千少女。隋缘眉轻蹙,眼微眯,嘴微抿。面前这个没经过她允许,睡她炕上的男人是谁?“半夜三更,你不回家,你家娘子造吗?”“你这般威武霸气,你兄弟造吗?”【种田发家致富温馨文,一对一,男女主身心干净】
  • 落花一瞬:日本人的精神底色

    落花一瞬:日本人的精神底色

    全书通篇以日本社会生活中的花道、茶道、俳道、武士道等为切入点,讨论了日本人对美的体会,对生死之道的领悟,作者有意识地从文化的角度解读历史,通过对日本人精神底色的探究,为理解日本民族的历史进程提供了新颖的视角,让读者感受了日本文化那种“具体入微”的美丽,尝试了那种“花是樱花,人是武士”的“忍恋终极”的落花之美。日本人的内心是紧张的,但情感却是极其认真的,无论是生活还是做事都讲究“道”,在各自传统的文化道场里,固守日本其本身的社会文明,其修身养性就是通过认真的仪式讲述人生的真谛,又将日常茶饭事升华为“道”,将人生的体验全在“道”上。
  • 佛说坚意经

    佛说坚意经

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 锦瑟

    锦瑟

    乖张落落大方的孙紫凝,有时会带点迷糊,心里有着很多的牵思结,主爱电脑黑客。没人教完全靠自学的她,在黑客世界中遇到了上官云祁,想要挑战上官云祁家的一级保护层,开始昼夜不停的解着谜团,同时也会学习各种解谜团的步骤……
  • 我的女友是恶女

    我的女友是恶女

    不幸意外身亡的北秀之魂穿到了一位日本高中生身上,被迫开始了在日本的留学之旅,于是他经过仔细思考,决定为这次的人生搏个高起点。玩?不玩,学习!恋爱?不恋爱,学习!目标上名校,谁也别拦着!——————————群号:【173515690】,欢迎各位加入讨论。
  • 强宠小萝莉:兽王妖夫

    强宠小萝莉:兽王妖夫

    她捡回了一只猫,然后……呃,整个世界癫狂了!她第一晚起来,小猫不见了,多了只白虎,她汗颜之余,好吧,勉强接受。可是为什么第二天清晨起来,白虎也不见了,床上多了个男人!!男人!!凤小鱼惊跳而起,“你你你你你……”某猫却淡定如常,“本尊乃三界魔尊,你这女人还不错,本尊要了。”
  • 你好我生命的女主角

    你好我生命的女主角

    万年女配程源絮,做得最对得起她心机女配长相的事,就是暗戳戳地诅咒林牧之和宋安琪分手,再乘虚而入,拿下林大影帝。可林宋二人在她坚持不懈的诅咒下,恋情非但没被影响……还扯证了……阿絮情场失意,职场得意。只是,那双略微吊梢的眼睛,却一直为人诟病:绝非善类啊……新生代导演白旖镇,从来没有想过,自带英俊飘逸+才华横溢特效的他,竟然有一天,会被定义为“备胎”!不过他认了,谁让自己已经认定了阿絮是自己生命中的女主角呢。金牌经纪人董宛真,笃定自己上辈子一定犯了错,今生才在程源絮这儿翻了船。一心想把阿絮往精明大女主的路线上栽培,可阿絮怕是传说中的猪队友……阿絮啊,要不咱,微调一下这眼睛?
  • 东汉演义

    东汉演义

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 遇见不要说话

    遇见不要说话

    都以为人生难得的是相遇,后来才知道,其实更可贵的是重逢