But yet a strange nemesis attaches to grounds { 67} alleged with insufficient discrimination. Just as, by ranking inner morality and outer action alike under the name of freedom, Mill is led to object to interference which may be perfectly justified and effectual; so by the same confusion he is led to advocate coercive treatment in impossibly stringent forms, and in cases where it runs extreme risk of thwarting a true moral development. We are amazed when he strongly implies, in respect to the education of children and the prospect of supporting a family, that moral obligations [1] ought to be enforced by law. The proposal of universal State-enacted examinations by way of enforcing the parental duty of educating children, to the exclusion of the task of providing education by public authority, in which Mill sees danger to individuality, opens a prospect of a Chinese type of society, from which, happily, the good sense of Englishmen has recoiled. And just the reverse of his proposal has come to pass under the influence of the logic of experience. The State has taken care that the external conditions of an elementary education are provided, and, while doing this, has no doubt exercised compulsion in order that these conditions may be a reality. But the individual inquisition by examination is tending to drop out of the system; and the practical working of the public education is more and more coming to be that the State sees to it that certain conditions are maintained, of which the parents’ interest and public spirit leads them to take advantage. Sheer compulsion is not the way to enforce a moral obligation.

{ 68} Still more startling is the suggestion that it might be just to interdict marriage to those unable to show the means of supporting a family, on the ground of possible evil both to the children themselves through poverty, and to others through over-population. This is a case in which authoritative interference (except on account of very definite physical or mental defects) must inevitably defeat its object. No foresight of others can gauge the latent powers to meet and deal with a future indefinite responsibility; and the result of scrupulous timidity, in view of such responsibilities, is seen in the tendency to depopulation which affects that very country from which Mill probably drew his argument. To leave the responsibility as fully as possible where it has been assumed is the best that law can do, and appeals to a spring of energy deeper than compulsion can reach.

The Philosophical Theory of the State — Part 41