Wilhelm von Humboldt

“ 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. ”

“ The right of nature, when applied to the social life of a number of men, defines the boundary lines unmistakably. It condemns all actions in which, with his own fault, one man encroaches on the due province of another, and hence, includes all those cases in which the injury strictly arises from a blamable oversight, or where it is always associated with the action, or with such a degree of probability in the consequence, that the agent either perceives it or at least becomes accountable by overlooking it. ”

“ 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. ”

“ 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. ”

“ 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 ”

“ 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. ”

“ 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. ”

“ 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. ”

“ Further, the consideration of security (which alone rightly prescribes the sphere of State agency) does not render such regulations generally necessary, since every case in which this necessity occurs must be strictly exceptional: men, moreover, become more kindly disposed towards each other, and more prompt to render mutual assistance, the less they feel their self-love and sense of freedom to be wounded by an actual right of coercion on the part of others ”

“ A third person, moreover, can only decide according to external characteristics. It is therefore impossible for the State to wait to see whether the citizens will fail in taking due precautions against dangerous actions, neither can it rely on the probability of their foreseeing the injury: where circumstances seem to represent the apprehension as urgent, it must rather restrict actions in themselves harmless. ”

“ For as everything and every pursuit, from the infinite diversity of human dispositions and desires, confers on each such various and inestimable benefits, and as these benefits may likewise vary infinitely in interest, importance, and necessity, the decision as to which good of the one, and which of the other, should be chosen as equivalent (though its difficulty should not deter us from it) , is always attended with something harsh, and seems like passing sentence on the feelings and individuality of another. ”

“ In such cases, restrictions on freedom are evidently far less questionable; as in property that is common, every joint proprietor has the right of gainsay. Such common property we have, for instance, in roads, in rivers flowing through different properties, in squares and streets of towns. ”

“ Agreements of this kind are infinitely to be preferred to any State arrangements. For as it is the very persons who enter into such contracts who are most conscious of their necessity, and feel directly the advantage or disadvantage accruing from them, it is clear that they will not be easily formed without an evident want of such agreements; that they will be far more rigidly observed, being voluntarily made; that however considerable the restrictions they entail, they will have a less hurtful influence on the character, being the results of spontaneous activity ”

“ 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. ”

“ ON THE SOLICITUDE OE 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. ”

“ 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; ”

“ 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. ”

“ 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 ”