It is an essential part of human liberty, to permit each person to form and to indulge these sentiments or caprices; although a good education should control them with a view to our happiness on the whole. But, when any individual liking or fancy of this description is imposed as a law upon the entire community, it is a perversion and abuse of power, a confounding of the Ethical end by foreign admixtures. Thus, to enjoin authoritatively one mode of sepulture, punishing all deviations from that, could have nothing to do with the preservation of the order of society. In such a matter, the interference of the state in modern times, has regard to the detection of crime in the matter of life and death, and to the evils arising from the putrescence of the dead.
6. The Ethical End, although properly confined to Utility, is subject to still farther limitations, according to the view taken of the Province of Moral Government, or Authority.
Although nothing should be made morally obligatory but what is generally useful, the converse does not hold; many kinds of conduct are generally useful, but not morally obligatory. A certain amount of bodily exercise in the open air every day would be generally useful; but neither the law of the land nor public opinion compels it. Good roads are works of great utility; it is not every one’s duty to make them.
The machinery of coercion is not brought to bear upon every conceivable utility. It is principally reserved, when not abused, for a select class of utilities.
Some utilities are indispensable to the very existence of men in society. The primary moral duties must be observed to some degree, if men are to live together as men, and not to roam at large as beasts. The interests of Security are the first and most pressing concern of human society. Whatever relates to this has a surpassing importance. Security is contrasted with Improvement; what relates to Security is declared to be Right; what relates to Improvement is said to be Expedient; both are forms of Utility, but the one is pressing and indispensable, the other is optional. The same difference is expressed by the contrasts—Being and Well-being; Existence and Prosperous Existence; Fundamentals or Essentials and Circumstantials. That the highway robber should be punished is a part of Being; that the highways should be in good repair, is a part of Well-being. That Justice should be done is Existence; that farmers and traders should give in to government the statistics of their occupation, is a means to Prosperous Existence.[3]