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On Liberty is an essay published in 1859 by the English philosopher John Stuart Mill. It applied Mill's ethical system of utilitarianism to society and state. Mill suggested standards for the relationship between authority and liberty. He emphasized the importance of , which he considered a prerequisite to the higher pleasures—the summum bonum of utilitarianism. Furthermore, Mill asserted that democratic ideals may result in the tyranny of the majority. Among the standards proposed are Mill's three basic liberties of individuals, his three legitimate objections to government intervention, and his two maxims regarding the relationship of the individual to society.
On Liberty was a greatly influential and well-received work. Some classical liberals and Libertarianism have criticized it for its apparent discontinuity with Utilitarianism, and vagueness in defining the arena within which individuals can contest government infringements on their personal freedom of action. The ideas presented in On Liberty have remained the basis of much political thought. It has remained in print since its initial publication. A copy of On Liberty is passed to the president of the British Liberal Democrats as a symbol of office.
Mill's marriage to Harriet Taylor Mill greatly influenced the concepts in On Liberty, which was published shortly after she died.
The final draft was nearly complete when his wife died suddenly in 1858.Mill "Autobiography" 1873Wilson 2007, section: Life Mill suggests that he made no alterations to the text at this point and that one of his first acts after her death was to publish it and to "consecrate it to her memory." The composition of this work was also indebted to the work of the German thinker Wilhelm von Humboldt, especially his essay On the Limits of State Action.Mill 1859, pp. , 143–44, 150, 164 Finally published in 1859, On Liberty was one of Mill's two most influential books (the other being Utilitarianism).
In Mill's view, tyranny of the majority is worse than tyranny of government because it is not limited to a political function. Where one can be protected from a tyrant, it is much harder to be protected "against the tyranny of the prevailing opinion and feeling." The prevailing opinions within society will be the basis of all rules of conduct within society; thus there can be no safeguard in law against the tyranny of the majority. Mill's proof goes as follows: the majority opinion may not be the correct opinion. The only justification for a person's preference for a particular moral belief is that it is that person's preference. On a specific issue, people will align themselves either for or against that issue; the side of greatest volume will prevail, but is not necessarily correct.Mill 1859, pp. 9–10 In conclusion to this analysis of past governments, Mill proposes a single standard for which a person's liberty may be restricted:
Mill clarifies that this standard is solely based on Utilitarianism, not on natural rights.Mill 1859, p. 16 According to Mill, children and "barbarian" nations benefit from limited freedom.Mill 1859, p. 15 Just despots, such as Charlemagne and Akbar the Great, were historically beneficial to people not yet fit to rule themselves.
J. S. Mill concludes the Introduction by discussing what he claimed were the three basic liberties in order of importance:Mill 1859, p. 18
While Mill admits that these freedoms could—in certain situations—be pushed aside, he claims that in contemporary and civilised societies there is no justification for their removal.Mill 1859, p. 19
Mill spends much of the chapter discussing the implications of and objections to the policy of never suppressing opinions. In doing so, Mill explains his opinion of Christian ethics,Mill 1859, pp. 66–68Mill 1859, p. 35 arguing that, while they are praiseworthy,Mill 1859, p. 36Mill 1859, p. 41 they are incomplete on their own. Therefore, Mill concludes that suppression of opinion based on belief in infallible doctrine is dangerous.Mill 1859, p. 45 Among the other objections Mill answers is the objection that the truth will necessarily survive persecutionMill 1859, pp. 38–39 and that society need only teach the grounds for truth, not the objections to it.Mill 1859, p. 48 Near the end of Chapter 2, Mill states that "unmeasured vituperation, enforced on the side of prevailing opinion, deters people from expressing contrary opinion, and from listening to those who express them."Mill, John Stuart, Harvard Classics: Volume 25, PF Collier & Sons, New York 1909, p. 258.
J. S. Mill spends the rest of the chapter responding to objections to his maxim. He notes the objection that he contradicts himself in granting societal interference with youth because they are irrational, but denying societal interference with certain adults, though they act irrationally.Mill 1859, p. 111 Mill first responds by restating the claim that society ought to punish the harmful consequences of the irrational conduct, but not the irrational conduct itself, which is a personal matter.Mill 1859, p. 112 Furthermore, he notes the societal obligation is not to ensure that each individual is moral throughout adulthood.Mill 1859, p. 113 Rather, he states that, by educating youth, society has the opportunity and duty to ensure that a generation, as a whole, is generally moral.Mill 1859, p. 114
Where some may object that there is justification for certain religious prohibitions in a society dominated by that religion, he argues that majority members ought to make rules that they would accept should they have been the minority.Mill 1859, pp. 118–19 He states, "unless we are willing to adopt the logic of persecutors, and say that we may persecute others because we are right, and that they must not persecute us because they are wrong, we must beware of admitting a principle of which we should resent as a gross injustice the application to ourselves."Mill 1859, p. 119 In saying this, he references an earlier claim that morals and religion cannot be treated in the same light as mathematics because morals and religion are vastly more complex.Mill 1859, p. 49 Just as with living in a society with immoral people, Mill points out that agents who find another's conduct depraved do not have to socialise with the other, merely refrain from impeding their personal decisions.Mill 1859, p. 109 While Mill generally opposes the religiously motivated societal interference, he admits that it is conceivably permissible for religiously motivated laws to prohibit the use of what no religion obligates. For example, a Muslim state could feasibly prohibit pork. However, Mill still prefers a policy of society minding its own business.Mill 1859, p. 118
With regard to taxing to deter agents from buying dangerous products, he makes a distinction. He states that to tax solely to deter purchases is impermissible because prohibiting personal actions is impermissible and "every increase of cost is a prohibition, to those whose means do not come up to the augmented price." However, because a government must tax to some extent in order to survive, it may choose to take its taxes from what it deems most dangerous.Mill 1859, pp. 139–40
He summarises his thesis, stating:
In more recent times, although On Liberty garnered adverse criticism, it has been largely received as an important classic book of political thought for its ideas and accessibly lucid style. Denise Evans and Mary L. Onorato summarise the modern reception of On Liberty, stating: "critics regard his essay On Liberty as a seminal work in the development of British liberalism. Enhanced by his powerful, lucid, and accessible prose style, Mill's writings on government, economics, and logic suggest a model for society that remains compelling and relevant.""John Stuart Mill (1806–1873)." Nineteenth-Century Literature Criticism. Ed. Denise Kasinec and Mary L. Onorato. Vol. 58. Detroit: Gale, 1997. pp. 317–88. Literature Criticism Online. Gale. As one sign of the book's importance, a copy of On Liberty is the symbol of office for the president of the Liberal Democrat Party in England.Brack 2007
The historian Peter Marshall described On Liberty as "one of the great classics of libertarianism", due to its exaltation of individualism.
This claim seems to go against the principle of utilitarianism, that it is permissible that one should be harmed so that the majority could benefit.
Warburton argues that Mill is too optimistic about the outcome of free speech. Warburton suggests that there are situations in which it would cause more happiness to suppress truth than to permit it. For example, if a scientist discovered a comet about to kill the planet in a matter of weeks, it may cause more happiness to suppress the truth than to allow society to discover the impending danger.
While David Brink concedes that Mill's apparently categorical appeal to rights seems to contradict utilitarianism, he points out that Mill does not believe rights are truly categorical because Mill opposes unrestrained liberty (e.g. offensive public exposure).Brink 2007, 3.12 Liberalism and Utilitarianism
Furthermore, David Brink tries to reconcile Mill's system of rights with utilitarianism in three ways:
Warburton notes that some people argue that morality is the basis of society, and that society is the basis of individual happiness. Therefore, if morality is undermined, so is individual happiness. Hence, since Mill claims that governments ought to protect the individual's ability to seek happiness, governments ought to intervene in the private realm to enforce moral codes.
That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant.... Over himself, over his body and mind, the individual is sovereign.Mill 1859, pp. 21–22
Of the liberty of thought and discussion
In the second chapter, J. S. Mill attempts to prove his claim from the first chapter that opinions ought never to be suppressed.Mill 1859, ch. 2 Looking to the consequences of suppressing opinions, he concludes that opinions ought never to be suppressed, stating, "Such prejudice, or oversight, when it i.e. occurs, is altogether an evil; but it is one from which we cannot hope to be always exempt, and must be regarded as the price paid for an inestimable good." He claims that there are three sorts of beliefs that can be had—wholly false, partly true, and wholly true—all of which, according to Mill, benefit the common good:Mill 1859, p. 72
On individuality as one of the elements of well-being
In the third chapter, J. S. Mill points out the inherent value of individuality since individuality is ex vi termini (i.e. by definition) the thriving of the human person through the higher pleasures.Mill 1859, p. 84Mill 1859, p. 89 He argues that a society ought to attempt to promote individuality as it is a prerequisite for creativity and diversity. With this in mind, Mill believes that conformity is dangerous. He states that he fears that Western culture approaches this well-intentioned conformity to praiseworthy maxims characterized by the China.Mill 1859, pp. 98–99 Therefore, Mill concludes that actions in themselves do not matter. Rather, the person behind the action and the action together are valuable.Mill 1859, p. 81 He writes:
On the limits to the authority of society over the individual
In the fourth chapter, J. S. Mill explains a system in which a person can discern what aspects of life should be governed by the individual and which by society.Mill 1859, p. 103 Generally, he holds that a person should be left as free to pursue his own interests as long as this does not harm the interests of others. In such a situation, "society has jurisdiction over the." He rejects the idea that this liberty is simply for the purpose of allowing selfish indifference. Rather, he argues that this liberal system will bring people to the good more effectively than physical or emotional coercion.Mill 1859, p. 104 This principle leads him to conclude that a person may, without fear of just punishment, harm himself through vice. Governments, he claims, should only punish a person for neglecting to fulfill a duty to others (or causing harm to others), not the vice that brought about the neglect.Mill 1859, p. 108
Applications
This last chapter applies the principles laid out in the previous sections. He begins by summarising these principles:
Economy
Mill first applies these principles to the economy. He concludes that free markets are preferable to those controlled by governments. While it may seem, because "trade is a social act," that the government ought intervene in the economy, Mill argues that economies function best when left to their own devices.Mill 1859, p. 131 Therefore, government intervention, though theoretically permissible, would be counterproductive. Later, he attacks government-run economies as "despotic." He believes that if the government ran the economy, then all people would aspire to be part of a bureaucracy that had no incentive to further the interests of any but itself.Mill 1859, p. 155
Preventing harm
Next Mill investigates in what ways a person may try to prevent harm.Mill 1859, ch. Applications He first admits that a person should not wait for injury to happen, but ought try to prevent it. Second, he states that agents must consider whether that which can cause injury can cause injury exclusively.Mill 1859, p. 133 He gives the example of selling poison. Poison can cause harm. However, he points out that poison can also be used for good. Therefore, selling poison is permissible. Yet, due to the risk entailed in selling poison or like products (e.g. alcohol), he sees no danger to liberty to require warning labels on the product.Mill 1859, p. 134Mill 1859, p. 139 Again, Mill applies his principle. He considers the right course of action when an agent sees a person about to cross a condemned bridge without being aware of the risk. Mill states that because the agent presumably has interest in not crossing a dangerous bridge (i.e. if he knew the facts concerned with crossing the bridge, he would not desire to cross the bridge), it is permissible to forcibly stop the person from crossing the bridge. He qualifies the assertion stating that, if the means are available, it is better to warn the unaware person.
Repeat offences to public through private action
Mill expands upon his principle of punishing the consequences rather than the personal action. He argues that a person who is empirically prone to act violently (i.e. harm society) from drunkenness (i.e. a personal act) should be uniquely restricted from the drinking. He further stipulates that repeat offenders should be punished more than first time offenders.Mill 1859, p. 135
Encouraging vice
On the subject of fornication and gambling, Mill has no conclusive answer, stating, "there are arguments on both sides."Mill 1859, p. 137 He suggests that while the actions might be "tolerated" in private, promoting the actions (i.e. being a pimp or keeping a gambling house) "should not be permitted."Mill 1859, p. 138 He reaches a similar conclusion with acts of indecency, concluding that public indecency is condemnable.Mill 1859, p. 136
Suicide and divorce
Mill continues by addressing the question of social interference in suicide. He states that the purpose of liberty is to allow a person to pursue their interest. Therefore, when a person intends to terminate their ability to have interests it is permissible for society to step in. In other words, a person does not have the freedom to surrender their freedom.Mill 1859, p. 142 To the question of divorce, Mill argues that marriages are one of the most important structures within society;Mill 1859, p. 143 however, if a couple mutually agrees to terminate their marriage, they are permitted to do so because society has no grounds to intervene in such a deeply personal contract.Mill 1859, pp. 143–44
Education
Mill believes that government run education is an evil because it would destroy diversity of opinion for all people to be taught the curriculum developed by a few.Mill 1859, p. 147 The less evil version of state run schooling, according to Mill, is that which competes against other privately run schools.Mill 1859, p. 148 In contrast, Mill believes that governments ought to require and fund private education. He states that they should enforce mandatory education through minor fines and annual standardised testing that tested only uncontroversial fact.Mill 1859, pp. 148–49 He goes on to emphasise the importance of a diverse education that teaches opposing views (e.g. Immanuel Kant and John Locke).Mill 1859, p. 150 He concludes by stating that it is legitimate for states to forbid marriages unless the couple can prove that they have "means of supporting a family" through education and other basic necessities.Mill 1859, p. 151
Conclusion
J. S. Mill concludes by stating three general reasons to object to governmental interference:
Reception
On Liberty was enormously popular in the years following its publication. Thomas Hardy recalled later in life that undergraduates in the 1860s knew the book almost by heart. Criticisms of the book in the 19th century came chiefly from thinkers who felt that Mill's concept of liberty left the door open for barbarism, such as Thomas Carlyle, James Fitzjames Stephen and Matthew Arnold.
Contradiction to utilitarianism
Mill makes it clear throughout On Liberty that he "regards utility as the ultimate appeal on all ethical questions", a standard he inherited from his father, a follower of Jeremy Bentham. Though J. S. Mill claims that all of his principles on liberty appeal to the ultimate authority of utilitarianism, according to Nigel Warburton, much of the essay can seem divorced from his supposed final court of appeals. Mill seems to idealize liberty and rights at the cost of utility. For instance, Mill writes:Warburton 2008, John Stuart Mill on Liberty
Narrow focus
Some thinkers have criticised Mill's writing for its apparent narrow or unclear focus in several areas. Mill makes clear that he only considers adults in his writing, failing to account for how irrational members of society, such as children, ought to be treated.Plank 2012 Yet Mill's theory relies upon the proper upbringing of children. Plank has asserted that Mill fails to account for physical harm, solely concerning himself with spiritual wellbeing. He also argues that, while much of Mill's theory depends upon a distinction between private and public harm, Mill seems not to have provided a clear focus on or distinction between the private and public realms.
Religious criticism
Nigel Warburton states that though Mill encourages religious tolerance, because he does not speak from the perspective of a specific religion, some claim that he does not account for what certain religious beliefs would entail when governing a society. Some religions believe that they have a God given duty to enforce religious norms. For them, it seems impossible for their religious beliefs to be wrong, i.e. the beliefs are infallible. Therefore, according to Warburton, Mill's principle of total freedom of speech may not apply.Mill 1859, p. 32
Conception of harm
The harm principle is central to the principles in On Liberty. Nigel Warburton says that Mill appears unclear about what constitutes harm. Early in the book, he claims that simply being offensive does not constitute harm.Mill 1859, pp. 72–73 Later, he writes that certain acts which are permissible and harmless in private are worthy of being prohibited in public.Oliveira, Offence and Costumary Morality This seems to contradict his earlier claim that merely offensive acts do not warrant prohibition because, presumably, the only harm done by a public act which is harmless in private is that it is offensive.
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