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the proper guardian of his own health,
whether bodily, or mental and spiritual°
Mankind are greater gainers by suffering each
other to live as seems good to themselves,
than by compelling each to live as seems good
to the rest.
J. S. Mill, On Li__g!_ 13, 16-17 (Liberal Arts Ed. 19S6)
(emphasis added).
It should be made clear that Mil!_s ]philosophy is not
offered as an absolute or exclusive criterion for the
determination of Ninth Amendment rights° It is offered rather as
a standard which will raise a presumption that an interest is
protected°
It is Hill_s lack of originality which renders his work a
useful tool in that determination. The Court is not asked to
adopt a philosophy more desirable than that of the authors of the
Constitution but rather to apply a very clear statement of the
philosophy which prompted the Ninth Amendment° Russell Kirk
refers to _!_Liberty a follows:
Some books form the character of their age; others
reflect it; and Hill's Libert Z is the latter order
oo.as Mill himself was the last of the distinguished
line of British empiricists, so his Liberty, with its
foreboding remarks on the despotism of the masses was
more an epilogue to middle-class
liberalism than a rallying cry.
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