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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
 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 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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