But the action of Government is made general by constraint. It necessarily proceeds on the compelle intrare. It acts in form of law, and every one must submit to it, because a law implies a sanction. No one, I think, will dispute these premises; which are supported by the best of all authorities, the testimony of universal fact. On all sides we have laws, and force to restrain the refractory. [p437]
Hence, no doubt, has come the saying that “men, in uniting in society, have sacrificed part of their liberty in order to preserve the remainder,”—a saying in great vogue with those who, confounding government with society, conclude that the latter is artificial and conventional like the former.
It is evident that this saying does not hold true in the region of free and voluntary transactions. Let two men, determined by the prospect of greater profit and advantage, exchange their services, or unite their efforts, in place of continuing their isolated exertions—is there in this any sacrifice of liberty? Is it to sacrifice liberty to make a better use of it?
The most that can be said is this, that men sacrifice part of their liberty to preserve the remainder, not when they unite in society, but when they subject themselves to a Government, since the necessary mode of action of every Government is force.
Now, even with this modification, the pretended principle is erroneous, as long as Government confines itself to its legitimate functions.
But what are these functions?
It is precisely this special character of having force for their necessary auxiliary which marks out to us their extent and their limits. I affirm that as Government acts only by the intervention of force, its action is legitimate only where the intervention of force is itself legitimate.
Now, where force interposes legitimately, it is not to sacrifice liberty, but to make it more respected. So that this pretended axiom, which has been represented as the basis of political science, and which has been shown to be false as far as society is concerned, is equally false as regards Government. It is always gratifying to me to see these melancholy theoretical discordances disappear before a closer and more searching examination.
In what cases is the employment of force legitimate? In one case, and, I believe, in only one—the case of legitimate defence. If this be so, the foundation of Government is fully established, as well as its legitimate limits.[99]
What is individual right?