over, the observance of such a rule does not, as at first sight appears, prevent pain. For though he who is restrained by it avoids inflicting suffering on his fellows, he does so at the expense of suffering to himself. The evil must be borne by some one, and the question is by whom. Shall the Protestant, by showing reverence for what he does not revere, tell a virtual lie, and thus do violence to his conscientious feeling that he may avoid vexing the intolerant spirit of his Catholic neighbours? or shall he give the rein to his own healthy sincerity and independence, and offend their unhealthy bigotry? Shall the honest man repress those sentiments that make him honest, lest the exhibition of them should give pain to a rogue? or shall he respect his own nobler feelings, and hurt the other's baser ones? Between these alternatives no one can well pause. And here indeed we get down to the root of the matter. For be it remembered the universal law of life is, that the exercise or gratification of faculties strengthens them; whilst, on the contrary, the curbing or inflicting pain upon them, entails a diminution of their power. And hence it follows that when the action of a normal faculty is checked, to prevent pain being given to the abnormal faculties of others, those abnormal faculties remain as active as they were, and the normal one becomes weaker or abnormal. Whereas under converse circumstances the normal one remains strong, and the abnormal ones are weakened, or made more normal. In the one case the pain is detrimental, because it retards the approximation to that form of human nature under which the faculties of each may be fully exercised without displeasure to the like faculties of all. In the other case the pain is beneficial, because it aids the approximation to that form. Thus, that first expression of the law which arises immediately from the conditions of social existence, turns out to be the true one: any such modification of it as the LIMIT OF ITS APPLICATION. 97 above, necessitating conduct that is in many cases absolutely mischievous. And yet, on the other hand, when we seek to express the law by saying that every man has full liberty to exercise his faculties, provided always he does not trench upon the similar liberty of any other, we commit ourselves to an imperfection of an opposite character; and we find that there are many cases in which the above modified expression answers better. Various ways exist in which the faculties may be exercised to the aggrieving of other persons, without the law of equal freedom being overstepped. A man may behave unamiably, may use harsh language, or annoy by disgusting habits; and whoso thus offends the normal feelings of his fellows, manifestly diminishes happiness. If we say that every one is free to exercise his faculties so long only as he does not inflict pain upon any one else, we forbid all such conduct. Whereas if we simply limit the liberty of each by the like liberty of all, we do not forbid it; seeing that he who exercises his faculties in this way, does not hinder others from exercising theirs in the same way, and to the same extent. How, then, are we to escape from this difficulty? Neither statement of the law quite fulfils our requirement, and yet we must choose one of them. Which must it be, and why? It must be the original one, and for a very good reason. Limiting the liberty of each by the like liberty of all, excludes a wide range of improper actions, but does not exclude certain other improper ones. Limiting the liberty of each by the necessity of not giving pain to the rest, excludes the whole of these improper actions, but excludes along with them many others that are proper. The one does not cut off enough; the other cuts off too much. The one is negatively erroneous; the other is positively so. Evidently, then, we must adopt the negatively erroneous one, seeing that its shortcomings may be made good by a supplementary law. And here we find the need for that distinction lately drawn between justice and negative beneficence-a distinction which we habitually make in the affairs of life. Justice imposes upon the exercise of faculties a primary series of limitations, which is strictly true as far as it goes. Negative beneficence imposes a secondary series. It is no defect in the first of these that it does not include the last. The two are, in the main, distinct; and, as we have just seen, the attempt to unite them under one expression leads us into fatal errors. § 5. Yet another objection will probably be started. By full liberty to exercise the faculties, is meant full liberty to do all that the faculties prompt, or, in other words, to do all that the individual wills; and it may be said, that if the individual is free to do all that he wills, provided he does not trespass upon certain specified claims of others, then he is free to do things that are injurious to himself is free to get drunk, or to commit suicide. To this it must be in the first place replied, as above, that whilst the law now laid down forbids a certain class of actions as immoral, it does not recognize all kinds of immorality-that the restriction it puts on the free exercise of faculties, though the chief, is not the sole restriction, and must be received without prejudice to further ones. Of the need for such further ones, the difficulty here raised furnishes a second instance. Mark now, however, that these supplementary restrictions are of quite inferior authority to the original law. Instead of being, like it, capable of strictly scientific development, they (under existing circumstances) can be unfolded only into superior forms of expediency. The limit put to each man's freedom, by the like freedom of 4 DIFFICULTY OF JUDGMENT. 99 every other man, is a limit almost always possible of exact ascertainment; for let the condition of things be what it may, the respective amounts of freedom men assume can be compared, and the equality or inequality of those amounts recognized. But when we set about drawing practical deductions from the propositions that a man is not at liberty to do things injurious to himself, and that he is not at liberty (except in cases like those lately cited) to do what may give unhappiness to his neighbours, we find ourselves involved in complicated estimates of pleasures and pains, to the obvious peril of our conclusions. It is very true, that to trace out the consequences a given act will entail upon oneself or another, is incomparably less difficult than to determine the ultimate effects of some public measure upon a whole nation; and hence the being guided by expediency in private life is proportionably less dangerous. Yet it is also true, that even here, trustworth inferences are attainable in but a minority of cases. In the first place we frequently cannot say whether the bad results will exceed the good ones; and in the second place we frequently cannot say whether the faculties on which suffering will be inflicted, are in normal or abnormal states. For example, though it is very manifest that drunkenness is an injurious exercise of faculties, as being clearly productive of more pain than pleasure, it is by no means manifest how much work is proper for us, and when work becomes detrimental; it is by no means manifest where lies the line between due and undue intellectual activity; it is by no means manifest what amount of advantage will justify a man in submitting to unsuitable climate and mode of life; and yet in each of these cases happiness is at stake, and the wrong course is wrong for the same reason that drunkenness is so. Even were it possible to say of each private action whether the resulting gratification did or did not preponderate over the resulting suffering, there would still present itself this second difficulty, that we cannot with certainty distinguish suffering that is detrimental, from suffering that is beneficial. Whilst we are as yet imperfectly adapted to our conditions, pain must inevitably arise from the repression of faculties that are too active, and from the overtasking of those that are not equal to their duties; and, as being needful to the development of the ultimate man, such pain cannot be held damnatory of the actions causing it. Thus, referring again to the instances just cited, it is self-evident that the ability to work is needful for the production of the greatest happiness; yet is the acquirement of this ability by the uncivilized man so distressing, that only the severest discipline will force him to it. That degree of intelligence which our existing mode of life necessitates, cannot be arrived at without ages of wearisome application; and perhaps cannot get organized in the race without a partial and temporary sacrifice of bodily health. The realization of the Divine Idea implies the peopling of every habitable region; and this implies the adaptation of mankind to a variety of climatesan adaptation which cannot be undergone without great suffering. Here, then, are cases in which men's liberty must not be limited by the necessity of not injuring them selves; seeing that it cannot be so limited without a suspension of our approach to greatest happiness. Similarly we saw awhile since (p. 95), that there are cases in which for the same reason men's liberty must not be limited by the necessity of not inflicting pain upon others. And the fact now to be noticed is, that we possess no certain way of distinguishing the two groups of cases thus exemplified from those cases in which the doing what diminishes happiness, either in ourselves or others, is both immediately and ultimately detrimental, and therefore wrong. Not being able to define specifically the constitution of the |