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On Liberty, by John Stuart Mill

On Liberty, by John Stuart Mill



On Liberty, by John Stuart Mill

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On Liberty, by John Stuart Mill

Liberty was published in 1859, when the nineteenth century was half over, but in its general spirit and in some of its special tendencies the little tract belongs rather to the standpoint of the eighteenth century than to that which saw its birth. In many of his speculations John Stuart Mill forms a sort of connecting link between the doctrines of the earlier English empirical school and those which we associate with the name of Mr. Herbert Spencer. In his Logic, for instance, he represents an advance on the theories of Hume, and yet does not see how profoundly the victories of Science modify the conclusions of the earlier thinker. Similarly, in his Political Economy, he desires to improve and to enlarge upon Ricardo, and yet does not advance so far as the modifications of political economy by Sociology, indicated by some later—and especially German—speculations on the subject. In the tract on Liberty, Mill is advocating the rights of the individual as against Society at the very opening of an era that was rapidly coming to the conclusion that the individual had no absolute rights against Society. The eighteenth century view is that individuals existed first, each with their own special claims and responsibilities; that they deliberately formed a Social State, either by a contract or otherwise; and that then finally they limited their own action out of regard for the interests of the social organism thus arbitrarily produced. This is hardly the view of the nineteenth century. It is possible that logically the individual is prior to the State; historically and in the order of Nature, the State is prior to the individual. In other words, such rights as every single personality possesses in a modern world do not belong to him by an original ordinance of Nature, but are slowly acquired in the growth and development of the social state. It is not the truth that individual liberties were forfeited by some deliberate act when men made themselves into a Commonwealth. It is more true to say, as Aristotle said long ago, that man is naturally a political animal, that he lived under strict social laws as a mere item, almost a nonentity, as compared with the Order, Society, or Community to which he belonged, and that such privileges as he subsequently acquired have been obtained in virtue of his growing importance as a member of a growing organisation. But if this is even approximately true, it seriously restricts that liberty of the individual for which Mill pleads. The individual has no chance, because he has no rights, against the social organism. Society can punish him for acts or even opinions which are anti-social in character. His virtue lies in recognising the intimate communion with his fellows. His sphere of activity is bounded by the common interest. Just as it is an absurd and exploded theory that all men are originally equal, so it is an ancient and false doctrine to protest that a man has an individual liberty to live and think as he chooses in any spirit of antagonism to that larger body of which he forms an insignificant part…

  • Sales Rank: #839425 in eBooks
  • Published on: 2016-01-21
  • Released on: 2016-01-21
  • Format: Kindle eBook

Review
A wonderful edition... -- Irving Louis Horowitz, Rutgers University

Alexander should be commended for making this invaluable material accessible to scholars and students... -- Maria H. Moralies, Florida State University

An impressively compact and engaging introduction and a well-chosen selection of ancillary materials... -- Eileen Gillooly, Columbia University

The introduction offers fresh insights... --Thomas Christiano, University of Arizona

Review
"A wonderful edition. The introduction is splendid, and having comments, critiques and reviews as appendices is excellent. One can only hope that this edition becomes standard in colleges and universities." (Irving Louis Horowitz )

"The introduction offers fresh insights [and] the background readings provide much illumination into aspects of Mill's thought that may not be apparent to the modern reader." (Thomas Christiano )

"With an impressively compact and engaging introduction and a well-chosen selection of ancillary materials, Edward Alexander's edition of On Liberty is an excellent choice for undergraduate courses, and will please nineteenth-century specialists as well." (Eileen Gillooly )

"Edward Alexander's work is not just another edition of Mill's On Liberty. In addition to a solid introduction and the text itself, the reader encounters a wealth of material essential to placing the work in its historical and philosophical context: de Tocqueville on majoritarian rule; some of Mill’s early letters discussing themes developed at greater length in On Liberty; his own comments about his work; and comments by contemporaries of Mill, both informal remarks and sustained discussions. Alexander should be commended for making this invaluable material accessible to scholars and students of Mill, of liberalism, of political philosophy, and of the history of ideas." (Maria H. Moralies )

From the Publisher
Together, these two essays mark the philosophic cornerstone of democratic morality and represent a thought-provoking search for the true balance between the rights of the individual and the power of the state. Thoroughly schooled in the principles of the utilitarian movement founded by Jeremy Bentham, John Stuart Mill nevertheless brings his own unique intellectual energy to issues such individual freedom, equality, authority, happiness, justice, and virtue. On Liberty is Mill's famous examination of the nature of individuality and its crucial role in any social system that expected to remain creative and vital. Utilitarian brilliantly expounds a pragmatic ethic based on one controversial proposition: actions are right only if they promote the common good and wrong if they do not. While much of Mill's thinking was eventually adopted by socialists, it is in today's democratic societies--with their troubling issues of crime, freedom of speech, and the boundaries of personal liberty--that his work resounds most powerfully.

Most helpful customer reviews

89 of 91 people found the following review helpful.
More relevant today than in 1859 :(
By B. Alcat
John Stuart Mill (1806-1873) was interested in the nature of Civil Liberty, and the limits to the power that a Government can legitimately exercise upon its citizens. He believed that some worrying tendencies could be observed in the England society of his time, and tried to warn others about them.
The author basically explains his ideas regarding the preservation of individual liberties, not only due to the fact that they are rights owed to everyone, but also because they benefit society as a whole.
For example, when he says that liberty of thought and of discussion must be preserved, he tells us that "Wrong opinions and practices gradually yield to fact and argument: but fact and arguments, to produce any effect on the mind, must be brought before it". How can mistaken beliefs or actions be proven wrong, if dissent is forbidden?. The loss for society is clear: "If the opinion is right, they are deprived of the opportunity of exchanging error for truth; if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error".
In order to preserve the liberties included in the concept of Civil Liberty, the author points out that there must be limits to the action of the Government. He says 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". Any other reason is simply not good enough. Thus, Stuart Mill highlights the rights of the individual, but also the limit to those rights: the well-being of others.
"On Liberty" is not too long, and I think you are highly likely to enjoy it, if you can get past the first few pages. The problem is that even though the ideas in this book are quite modern, the language is somehow dated. But then, we must remember that "On Liberty" was written a long time ago...
Notwithstanding that, do your best to read the first pages, and you will realize that after a while it will be much easier. This book is well-worth the effort you need to make at the beginning, because it is even more relevant today than when it was first published, in 1859.
Are individual rights important?. Why?. Do they have a limit?. You will found the answer for these questions, and much more, in "On Liberty". What else can I say?. I believe this is a book that will help you to reflect on many important issues... I certainly can't think of a better reason to read it. All in all, recommended :)
Belen Alcat

29 of 30 people found the following review helpful.
Liberty based on utilitarianism rather than human rights
By Derek Jones
This Kindle edition has an introduction written more than a century ago that offers no insight into Mill's essay and deals almost entirely with the relationship between Mill and Harriet Taylor. It is therefore primarily of general rather than academic interest.

"On Liberty" is one of the most important books on political thought of the nineteenth century. Fortunately for the 21st century reader it is also one of the most accessible. Mill was a libertarian who chose not to base his defence of liberty on natural rights but on his own revised version of utilitarianism:
"I regard utility as the ultimate appeal on all ethical questions...grounded on the permanent interests of man as a progressive being."
This enables Mill to argue that freedom is needed if man is to be able to explore all the avenues of human development that allow the human race to progress. Total freedom is impossible so what determines the legitimate boundaries of freedom? Mill distinguishes between self-regarding and other-regarding actions. The former should never be interfered with and the latter subject to limitation only if they harm the legitimate rights of others.

For Mill free thought is a self-regarding action which should not be curtailed, and free thought is virtually useless without free speech. Mill then proceeds to add a utilitarian argument in favour of free speech: if an opinion is silenced then mankind is necessarily the loser whether the opinion is true or false. He advances a number of arguments to support this, concluding with the claim that a climate of freedom is essential for "great thinkers" and "it is as much, and even more indispensable to enable average human beings to attain the mental stature they are capable of." He has no truck with paternalists seeking to guide people's thoughts in the "right" direction. He was equally hostile to the idea that people had the right not to be offended; hence he opposed the blasphemy law. The single case Mill gives of an acceptable limitation of free speech is the case of corn-dealers and an excited mob. An opinion expressed in a newspaper that corn-dealers are "starvers of the poor" is legitimate, but the same view stated to an angry mob outside the corn-dealer's home may be limited if it "is a positive instigation to a mischievous act."

Mill concedes that actions cannot be as free as speech and seeks to establish the proper limits of freedom of action. Mill proposes that "the sole end for which mankind are warranted...in interfering with the liberty of action of any of their number is self-protection." Because he rejects paternalism he opposes all interference with self-regarding actions. Mill would not have prevented people from taking drugs and he would have led the opposition to seat belt legislation. Mill even rejects state interference with liberty for the sake of crime prevention, e.g. poisons can be used for criminal purposes. Mill was willing to accept a register of their sale but not the banning of them. Mill believes we must not interfere with the "rights"of others but these are narrowly circumscribed and Mill makes it clear that "rights" are not the same as "interests". Hence cut-throat laissez-faire is legitimate. As for moral decency arguments Mill does say that sexual intercourse in public is unacceptable, and though fornication and gambling are acceptable he is in two minds about whether pimps and casino-owners should be allowed to operate. Mill says it is a difficult case that is on the borderline, but adds that in general we must resist attempts to limit behaviour for "moral" reasons because any such action is likely to be the thin end of the wedge.

Though Mill is a very determined anti-paternalist he makes three exceptions: children, primitive societies and the disabled. Children must be guided until they reach maturity and they must be given compulsory education - something not given legislative force when he wrote. As for primitive societies, we must resist the notion that Mill was a typical Victorian believing in the "white man's burden" or inherent differences between races. He simply observed the reality of the world in the mid-nineteenth century but made it very clear any intervention in backward societies must be temporary with the aim to bring about self-government as soon as possible.

Hence Mill was a much more determined libertarian than most modern writers on the subject. There is just one example where, at first sight, Mill may seem reactionary to modern readers. He wished to restrict the right to have children to those who could prove that they could support them. However, those who today wish others to be allowed to procreate at will do so on the grounds of human rights. Mill based his theories on utilitarianism, and not on rights. There was no welfare state when Mill wrote "On Liberty" and he was concerned with the well-being of children born to people without the means to support them.

In view of the alleged growing restrictions on freedom in many democratic countries this is a book well worth reading. In particular I like Mill's argument that every restriction on freedom is the thin end of the wedge, providing a justification for further restrictions.

21 of 22 people found the following review helpful.
On Liberty: More Relevant Than Ever
By Len Hart
In his classic essay "On Liberty", John Stuart Mill deals with the issue of "civil liberties" -not the metaphysical issue of "free will". While most attacks on civil liberties have historically occurred from the right within the context of a tyrannical or an aristocratic rule, Mill deals with threats against liberty from within the institutions of democracy itself. The issue is especially relevant at a time when widespread domestic wiretapping and surveillance violates the Fourth Amendment to the U.S. Constitution.

The aim of early libertarians was to limit the power of the ruler over those governed; Mill, however, identifies a need to limit the power of elected governments and officials as well. Mill is not merely addressing the issue of "who should rule?", he seeks to establish limits on the power that government may exercise over minorities and individuals. His work is more relevant now than ever.

While "government of the people" is an ideal to be aspired to, Mill argues that such an ideal is often not the case in fact. He argues that those exerting the power of the government -elected officials, bureaucrats, the judiciary -often develop their own interests. They are sometimes influenced by those constituencies in ways that are at odds with the interests and liberties of individuals or other groups.

Mill makes no distinction between a tyranny of one and a tyranny of many. A tyrannical majority running roughshod over the rights of individuals and minorities is no less a tyrant because it is a majority, because it is elected, or because it is elected by a majority.

While society may not tolerate criminal behavior, for example, society may not legitimately interfere with or suppress all non-conforming behaviors indiscriminately or because a majority may not approve. What then are the powers that society may legitimately exercise over the individual? Mill answers:

"The only purpose for which power can be rightly exercised over any member of a civilized community, against his will, is to prevent harm to others."

-J.S. Mill, On Liberty

James Madison -called the "Father of the Constitution" -may have anticipated Mill's ideas in his draft of the Bill of Rights -the first ten amendments to the Constitution. Implicit in the Bill of Rights is the recognition that the power of the state is a blunt instrument. Abused, it can oppress and repress individuals and minority groups alike. The Bill of Rights addresses this issue by guaranteeing "due process of law", limiting state power over individuals and groups, guaranteeing that groups and individuals may speak freely, worship freely.

The Fourth Amendment specifically is a promise that our government made to us in its very founding:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

-Fourth Amendment, Bill of Rights, U.S. Constitution

Let's make something abundantly clear: there are no "inherent powers", "Implicit" authorizations" that would, in any way, overturn, limit, or repeal the Fourth Amendment. Many politicians are not only wrong about that, they may have deliberately lied about it. Moreover, Congress may not overrule the Fourth Amendment with statutory law. Constitutional Law is supreme and provisions in the Bill of Right are valid until amended as set out in the Constitution itself. Widespread domestic surveillance is illegal whatever is done by Congress ex post facto -and until the Constitution is amended, it will remain illegal. At last, ex post facto laws, themselves, are expressly forbidden by the Constitution.

Mill is all the more remarkable for his insight into issues that remain contemporary. In every literate criticism of "special interest groups", PAC's, the gun lobby, the tobacco lobby, the Military/Industrial Complex, one sees the lasting influence of John Mill.

On Liberty is essential reading for anyone interested in law, the principles of government, political science, political philosophy, indeed, freedom itself. It is also essential reading for anyone interested in learning about the intellectual underpinnings of Anglo-American civil liberties.

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