The right which an individual possesses to enter freely and voluntarily into bargains and transactions with his fellow-citizens, which give rise, as far as they are concerned, to a reciprocal right. When is this right violated? When one of the parties encroaches [p438] on the liberty of the other. In that case, it is incorrect to say, as is frequently done, “There is an excess, an abuse of liberty.” We should say, “There is a want, a destruction of liberty.” An excess of liberty, no doubt, if we regard only the aggressor, but a destruction of liberty, if we regard the victim, or even if we regard the phenomenon as a whole, as we ought to do.
The right of the man whose liberty is attacked, or, which comes to the same thing, whose property, faculties, or labour is attacked, is to defend them even by force; and this is in fact what men do everywhere, and always, when they can.
Hence may be deduced the right of a number of men of any sort to take counsel together, and associate, in order to defend, even by their joint force, individual liberty and property.
But an individual has no right to employ force for any other purpose. I cannot legitimately force my neighbours to be industrious, sober, economical, generous, learned, devout; but I can legitimately force them to be just.
For the same reason the collective force cannot be legitimately applied to develop the love of industry, of sobriety, of economy, of generosity, of science, of religious belief; but it may be legitimately applied to ensure the predominance of justice, and vindicate each man’s right.
For where can we seek for the origin of collective right but in individual right?
The deplorable mania of our times is the desire to give an independent existence to pure abstractions, to imagine a city without citizens, a human nature without human beings, a whole without parts, an aggregate without the individuals who compose it. They might as well say, “Here is a man, suppose him without members, viscera, organs, body, soul, or any of the elements of which he is composed—still here is a man.”
If a right does not exist in any of the individuals of what for brevity’s sake we call a nation, how should it exist in the nation itself? How, above all, should it exist in that fraction of a nation which exercises delegated rights of government? How could individuals delegate rights which they do not themselves possess?
We must, then, regard as a fundamental principle in politics, this incontestable truth, that between individuals the intervention of force is legitimate only in the case of legitimate defence; and that a collective body of men cannot have recourse to force legally, but within the same limit.
Now, it is of the very essence of Government to act upon [p439] individuals by way of constraint. Then it can have no other rational functions than the legitimate defence of individual rights, it can have no delegated authority except to secure respect to the lives and property of all.