on the solicitude of the state for security with respect to actions which directly relate to the agent only. (police laws.)

We now come to accompany man throughout all the complex and manifold relations which his life in society presents, and shall begin with considering the simplest of these, or that in which (although in union with others) man remains strictly within the limits of what pertains to himself, and engages in nothing that refers immediately to the rights of others. It is to this aspect of the civil relations that the greater number of our so-called police, or preventive, laws are directed; since, however indefinite this expression may be, it still conveys to us the general and important idea, that such laws relate to the means of averting violations of the rights of others, while they have nothing to do with the violations of such right which are actually committed. Now they either operate to restrict actions whose immediate consequences are calculated to endanger the rights of others; or they impose limitations on those which usually end in transgressions of law; or, lastly, they may design to determine what is necessary for the preservation or efficient exercise of the political power itself. I must here overlook the fact that those regulations which do not relate to security, but are directed to the positive welfare of the citizen, are most commonly classed under this head; since it does not fall in with the system of division I have adopted. Now, according to the principles we have already determined, the State ought not to interfere with this, the simplest of human relations, except where there are just grounds for apprehending some violation of its own rights, or those of its citizens. And as to the rights of the State, it should here be borne in mind that such rights are granted only for the sake of protecting security. In no case, then, should prohibitive laws be enacted, when the advantage or disadvantage refers solely to the proprietor. Again, it is not enough to justify such restrictions, that an action should imply damage to another person; it must, at the same time, encroach upon his rights. But this second position requires explanation. Right, then, is never infringed on but when some one is deprived of a portion of what properly belongs to him, or of his personal freedom, without, or against, his will. But when, on the contrary, there occurs no such deprivation,—when one individual does not overstep the boundary of another’s right, then, whatever disadvantage may accrue to the latter, there is no diminution of privilege. Neither is there any such diminution when the injury itself does not follow until he who sustains it also becomes active on his side, and, as it were, takes up the action, or, at least, does not oppose it as far as he can.

The application of these definitions is sufficiently evident, and I will only pause to mention one or two remarkable examples. According to these principles then it will be seen, that we cannot conceive the injustice of any actions which only create offence, and especially as regards religion and morals. He who utters or performs anything calculated to wound the conscience and moral sense of others, may indeed act immorally; but, so long as he is not chargeable with obtrusiveness in these respects, he violates no right. The others are free to cut off all intercourse with such a person, and, should circumstances render this impossible, they must submit to the unavoidable inconvenience of associating with men of uncongenial character; not forgetting, moreover, that the obnoxious party may likewise be annoyed by the display of peculiar traits in them. Even a possible exposure to more positively hurtful influences,—as where the beholding this or that action, or the listening to a particular argument, was calculated to impair the virtue, or mislead the reason and sound sense of others,—would not be sufficient to justify restrictions on freedom. Whoever spoke or acted thus did not therein infringe directly on the right of any other; and it was free to those who were exposed to the influence of such words and actions to counteract the evil impression on themselves with the strength of will and the principles of reason. Hence, then, however great the evils that may follow from overt immorality and seductive errors of reasoning, there still remains this excellent consequence, that in the former case the strength and resistive force of character, in the latter the spirit of toleration and diversity of view, are brought to the test, and reap benefit in the process. It is scarcely necessary to mention that in the instance I have just taken, I have confined my view to its influence on the security of the citizens. For I have already endeavoured to exhibit the relation of such actions to national morality, and to show what may or may not be allowed to the State with regard to them, on that ground.

Since, however, there are many things of which the correct decision requires a wholly special knowledge, and since, in regard to these, security might be disturbed if any one should unthinkingly or designedly turn the ignorance of others to his own advantage, the citizen should have the option, in such cases, of applying to the State for counsel. The most striking instances of what I mean,—whether we consider the frequent necessity for such special knowledge, the difficulty attending just discrimination, or, lastly, the magnitude of the injury to be apprehended,—are furnished by those cases in which the professional services of physicians and advocates are put in requisition. Now, in order to meet the wants and wishes of the nation in these respects, it is not only advisable but necessary that the State should examine into the qualifications of those who destine themselves for such pursuits, provided they agree to submit themselves to its tests; and, furnishing them with testimonials of fitness in case of a favourable issue of the inquiry, to acquaint the citizens that they can only confide with certainty in those who have thus been proved. Beyond this, however, the State may not proceed, or withhold from those who have declined or failed in examination the exercise of their avocation, and from the public the use of their services. Neither should it be allowed to extend such supervision to any other occupations than those which are not designed to act on the internal, but only on the external life of man, and in which he is not himself required to co-operate, but only to remain passive and obedient, and where the truth or falsity of results is the only thing of importance; or, secondly, such regulations are proper in those cases where due discrimination requires the knowledge of some wholly special department, and is not attainable by the mere exercise of reason and the practical ability of judging, and further where the rarity of their occurrence renders the very seeking of advice difficult. Should the State proceed further than is prescribed by this last limitation, it falls into the danger of rendering the nation indolent, inactive, and too much inclined to repose on the knowledge and judgment of others; while, on the other hand, the very want of positive assistance invites men rather to enrich their own knowledge and experience, and knits the citizens together by a thousand intimate relations, inasmuch as they are left more exclusively dependent on each other. Should the State fail to observe the first limitation we have pointed out, that it is not to withhold a man from the free exercise of his chosen pursuit because he has not submitted himself to its tests of capability, then, besides the evils just alluded to, all those hurtful consequences will naturally follow which we exposed in detail in the beginning of this essay. It is evident then—to choose another remarkable example illustrative of our present subject—that in the case of religious teachers State regulations cannot at all be applied. For as to what points of fitness should the State examine them? In the belief of some particular dogmas? We have already fully shown that religion is in no way dependent on these. Should it ground its estimate on the degree of intellectual power in general? In the teacher of religion, whose task it is to present things to his audience in an intimate connection with their individual life, almost the sole point of importance is the relation between his reason and theirs,—a consideration which already argues such an à priori decision to be impossible. Should it judge then of moral character and integrity? For these there is no other test than that which is least adapted to the political function, viz. inquiry into the previous conduct and circumstances of the candidates, etc. Lastly, regulations of this nature—even in the cases we have ourselves approved—should, in general, only be adopted when the will of the nation demands them. For, of themselves, they are not even necessary among free men, who are developed through the very circumstance of their freedom; and further, they might be constantly liable to serious abuse. As, in general, it is not my design to examine into single objects in detail, but rather to define the fundamental principles which embrace all these in their application, I shall once more briefly indicate the only point of view from which I contemplate such regulations. The State, then, is not to concern itself in any way with the positive welfare of its citizens, and hence, no more with their life or health, except where these are imperilled by the actions of others; but it is to keep a vigilant eye on their security, though only in so far as this might suffer from the attempts of the designing to turn the ignorance of others to their own advantage. Still, in such cases of deception as that to which we refer, the victim of the imposture must necessarily have been persuaded into conviction; and as in such relations the flux and reflux of different modifying influences from one party to the other precludes the application of any general rule, and as the very............