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Source: This essay first appeared in the journal Literature of Liberty: A Review of Contemporary Liberal Thought ,
vol. 2, no. 2 April-June 1979 published by the Cato Institute
(1978-1979) and the Institute for Humane Studies (1980-1982) under the
editorial direction of Leonard P. Liggio. It is republished with thanks
to the original copyright holders.
The political philosopher John Gray has written on Hayek, Isaiah Berlin, John Stuart Mill, and the liberal tradition.
Table of Contents
The Traditional View of an Incoherent
Mill ... A "Two Mills" Thesis?
The traditional interpretation pictures John Stuart Mill (1806-1873) as one
of history's paradigmatic transitional thinkers. Situated uncertainly in a no-man's
land between the rival intellectual traditions of nineteenth-century England,
Mill in his writings displays no settled or coherent doctrine on social and
political questions. In Mill's work, the received view contends, competing sympathies
and commitments are the subject matter of an ultimately unsuccessful eclectic
method. This alleged hodgepodge produces a brittle conceptual framework which
quickly disintegrates under any sustained critical pressure. Thus, Mill's utilitarianism
seems at odds with his values of self-development and individuality; his democratic
loyalties are in a tug-of-war with his elitist dread of majority tyranny; and
his allegiance to laissez-faire principles is compromised by his concessions
toward the socialist currents of his day. Some exponents of this traditional
view have gone so far as to claim to discern in Mill's writings an intellectual
schizophrenia: the lineaments of "two Mills," each with a distinctive
expression and a coherent message.
There is, unfortunately, little agreement in identifying and describing these
"two Mills," so that the vast secondary literature on the younger
Mill contains a bewildering variety of pictures of him as at once a radical
libertarian and a cautious, conservative, Whig trimmer; a moral totalitarian
and a questing, open-minded skeptic; an unreconstructed empiricist and a free-wheeling
epistemological pluralist. Whether they detect two (or more) Mills in John Mill's
writings, or deny the presence of any integrated personality in his work, advocates
of the received view all share the assumption that the promise of unity was
not, and perhaps could never have been fulfilled in Mill's philosophy. A distinguished
statement of the received view is that of John Plamenatz when he says of Mill's
Utilitarianism, (1861, 1863), his Liberty (1859), and
his Considerations on Representative Government (1861) that "These
three essays written by a sick man in his premature old age, exhibit all his
defects as a thinker, his lack of clarity, his inconsistency, and his inability
either to accept whole-heartedly or to reject the principles inherited from
his father and from Bentham."1
Even Isaiah Berlin, one of Mill's more sympathetic interpreters, speaks of the
"outdated psychology and lack of logical cogency" of On Liberty,
and concludes that "Rigour in argument is not among Mill's accomplishments."2
The Revisionist View of Mill as
a Consistent Thinker
It must be admitted at once that there is much in Mill's work and in his life
that supports the standard interpretation. Mill's notorious ambivalence to the
utilitarian intellectual tradition he inherited from his father and Jeremy Bentham;
his receptive response to some aspects of a German Idealist conception of the
mind which the conservative Coleridge transmitted to the English world; his
many shifts of position and emphasis on the great issues of socialism, democracy,
and private property; together with the still intensely controversial question
of how important for the development of his thought was his relationship with
Harriet Taylor - all these vacillations conspire to suggest the image of a man
inwardly divided. Mill seems a man at once acutely sensitive to the limitations
of the utilitarian world view (whose official exponent he remained) but yet
unable to abandon it decisively.
In recent years, however, a wave of revisionist scholarship and interpretation
has emerged, whose theme is that the judgment of J. S. Mill as a hopelessly
muddled thinker may yet be ill-founded and certainly remains premature. This
post-war revisionism argues that our assessment of Mill is distorted by an earlier
generation of intellectual historians who caricatured the aims and doctrines
of nineteenth-century English utilitarianism. Furthermore, our view of Mill
has been badly obscured by the hasty and presumptuous judgment of Mill's substantive
argument by the philosophers and social theorists of the late nineteenth and
early twentieth centuries. If the revisionist scholars are on the right track,
the work of the younger Mill may be a natural development of his utilitarian
predecessors' achievements. Mill's writings may contain a subtle and complex
body of doctrine which may not be internally inconsistent.
Let us look, then, at the dialogue between traditional and revisionist interpretations
of Mill. How convincingly does each interpretation deal with Mill on liberty,
utility and morality, on private property, socialism and democracy, and on the
scope and prospects of a science of society?
The Traditional View of J.S. Mill on Liberty, Morality,
and Utility
The traditional accounts of Mill's doctrine of the limits of state interference
interpret his enterprise in On Liberty (l859) as the impossible but
perennially attractive one of squaring the circle: that of grounding a theory
of the priority of liberty (itself part of a more comprehensive theory of justice
and moral rights) in a utilitarian ethic. Mill, indeed, is clearly aware that
some of his readers will see his enterprise as wholly misconceived. Thus, in
the essay on Utilitarianism (1861, 1863) discussing the utilitarian
foundation of his theory of moral rights he concedes: "To have a right,
then, is I conceive, to have something which society ought to defend me in the
possession of. If the objector goes on to ask, why it ought? I can give him
no other reason than general utility."3
But the traditional view insists that liberal utilitarianism is itself a weak,
incoherent "reason," since it is an unstable compound of two incompatible
elements: (1) a teleological or maximizing element, in which the only duty any
man or any government ever has is to promote the greatest good, and (2) a deontological
or "side-constraint" element in which individuals are recognized as
possessing inviolable moral rights against unjust treatment by state or society.
What if achieving the greatest social good seems to require sacrificing some
individual? The incompatible elements in utilitarianism itself create this dilemma.
Stephen's Analysis of Utility as Antiliberty and Proauthority
By far the most formidable of Mill's nineteenth-century English critics, the
jurist James Fitzjames Stephen, criticizes Mill precisely because in On
Liberty he illegitimately attempts to derive liberal conclusions supporting
individual rights and liberty from a utilitarian outlook. Stephen, himself an
avowed utilitarian, saw utilitarianism as having a natural antiliberal, authoritarian
implication. In his great book, Liberty, Equality and Fraternity (1873),
surely one of the world's masterpieces of conservative political thought, Stephen
argues against Mill: if the only thing that has intrinsic value for utilitarians
is happiness, and we are bound to promote happiness by the most efficacious
means, then a consistent utilitarian policy of social betterment will not be
especially tender toward individual liberty. In its political agenda utilitarianism
will grant no priority to the protection of the classical liberal freedoms.
Mill's utilitarian ancestors, such as Hume and Bentham, agree with Stephen in
ranking liberty as, in fact, only one (and not always the most important) among
the means necessary to security and good government in promoting happiness.
Stephen's most forceful objection to Mill at this point of his critique is that,
if Mill is truly a utilitarian, then liberty can have no intrinsic or inviolable
value whatever: its value or disvalue will depend wholly on its contingent consequences
which, given the variety of human circumstances, will be complex. As Stephen
puts it:
if the word 'liberty' has any definite sense attached to it, and if it is
consistently used in that sense, it is almost impossible to make any true
general assertion whatever about it, and quite impossible to regard it either
as a good thing or a bad one. If, on the other hand, the word is used merely
in a general popular way without attaching any distinct signification to it,
it is easy to make almost any general assertion you please about it; but these
assertions will be incapable of either proof or disproof as they will have
no definite meaning. Thus the word is either a misleading appeal to passion,
or else it embodies or rather hints at an exceedingly complicated assertion,
the truth of which can be proved only by elaborate historical investigations."4
Traditional Critique of Mill's Utilitarianism: Its Unwarranted
Optimism About Human Nature and Failure to Support the Priority of Liberty
It is Stephen's charge that, given a less charitable historical view of human
nature than the one Mill endorses, utilitarian principles in many circumstances
might very well dictate supporting the stability of a traditional society of
hierarchy and authority. In other circumstances they would sanction even more
regimented schemes, such as Jeremy Bentham's Panopticon prison (or, a later
objector might add, the Webbs' admiration of Soviet Five-Year Plans and Stalin's
collectivization program), which seek to promote aggregate social welfare by
the morally monstrous expedient of inflicting great hardship on some or many
members of a society. In modern terms, Stephen's argument might be reformulated
in the following question: How can Mill as a utilitarian consistently object
to the kind of authoritarian society depicted in Huxley's Brave New World
or B.F. Skinner's Walden Two? Stephen's own intention was not,
indeed, to give a utilitarian defense of the dystopian schemes of Bentham and
his associates, but simply to affirm that nothing in the utilitarian tradition
gave liberty any special importance, while much in human experience testified
to the greater importance of security, order, and discipline as conditions of
a happy life.
The traditional criticism of Mill's enterprise in On Liberty really
has two prongs: (1) On the one hand, how can Mill possibly hope to defend what
he calls "one very simple principle"5
of giving liberty a privileged place among political values by invoking considerations
of utility alone? Several of the critics discussed in J.C. Rees's classic study
of Mill and his Early Critics (1956) highlight the incongruity in Mill's
libertarian enterprise of defending this utilitarian principle "as entitled
to govern absolutely" restrictions of liberty by society or state. However,
as an avowed utilitarian, Mill is already committed to utility as yielding an
absolute principle for determining the limits of state interference. (2) On
the other hand, Mill's critics insist that, even supposing a successful utilitarian
proof for liberty's priority over other political goods, its validity would
hinge entirely on the accuracy of our conjectures about the effects on man and
society of a regime of liberty. Such a utilitarian argument for liberty, in
other words, is permanently defeasible and reversible. It yields antilibertarian
results whenever particular predictions of the utility of liberty (or the picture
of human nature on which such predictions depend) can be undermined by empirical
investigation and argument.
Fitzjames Stephen, like many of Mill's Victorian critics, asserts vehemently
that the utilitarian proof will work only on the basis of a wildly optimistic
assessment of the prudence and virtue of the average sensual man and of his
real moral psychology. Mill's account of human psychology, Mill's critics insist,
is excessively and narrowly intellectualist, neglecting the central role of
passion, prejudice, and sheer moral perversity in human life. As the writer
in the London Review (1859) observes, ". . . the truth is, that
intellectual independence, however theoretically desirable, is practically unattainable
in the vast majority of cases."6
Given this more somber view of human psychology, can free men be trusted to
promote social utility?
Mill was defended against Stephen by disciples such as John Morley, Viscount
of Blackburn, Liberal statesman, and editor of the Fortnightly Review
(1861-1882), and by writers such as the positivist Frederic Harrison. But the
general reaction to On Liberty was by no means so generally favorable
as much secondhand intellectual history has led generations of students to suppose.
Principled argumentative defense of the doctrine of On Liberty was, in
fact, a minority position throughout most of nineteenth-century English thought
and letters. Probably the best available study of the whole period, apart from
Rees's book, is John Roach's essay, "Liberalism and the Victorian Intelligentsia."
B.E. Lippincott's broader study of conservative and liberal thought in Victorian
times, Victorian Critics of Democracy (1938), should also be consulted
for its chapter on J.F. Stephen and its sensible treatment of the antidemocratic
liberal and conservative reaction. F.W. Knickerbocker's Free Minds-John Morley
and his Friends (1943) is also useful as a source for information on such
Liberals as Frederic Harrison.
The Revisionist View of Mill on Liberty, Morality, and
Utility
Much of the best recent work on Mill's liberalism asserts that critics have
misconstrued both of Mill's central principles of utility and of liberty. Mill's
views on utility and liberty can be properly stated only with terms and distinctions
taken from his own general theory of human nature and of practical reasoning.
As stated in the crucially important writings of Ryan7,
Brown8, Dryer 9,
and Lyons10, the revisionist
position begins by clarifying Mill's utility principle. It is neither a classical
aggregative (i.e., average utility) principle, or a substantive moral principle.
Whatever their differences in other areas of Mill scholarship, the revisionists
agree that Mill saw the principle of utility as a very abstract principle, specifying
that happiness alone was valuable for its own sake. Happiness governed
not just morality but all the areas of practice identified in the theory of
the "Art of Life" expounded in Mill's System of Logic (1843).
The Utility Principle, the Art of Life, and the Theory
of Morality
In his System of Logic, Mill speaks of the three departments of the
Art of Life as being "Morality, Prudence or Policy, and Aesthetics; the
Right, the Expedient, and the Beautiful or Noble, in human conduct as works."
The doctrine of the Art of Life (now widely seen as incorporating one of Mill's
most valuable, original, and neglected insights) distinguishes between judgments
of a properly moral character and judgments which appraise actions (or human
characters) in terms of their prudence or of their nobility. As Alan Ryan intimates
in his path-breaking explorations of these aspects of Mill's thought, the arguments
of Utilitarianism and of On Liberty presuppose an understanding
of the Art of Life defended in the System of Logic (1843). The plausibility
of the substantive doctrines defended in these two essays thus depends in part
upon the cogency of the conceptual analysis in Mill's Logic. It is
the argument of Utilitarianism that the principle of utility does not
allow judgments about men's moral obligation or rights to be derived in any
very direct way. Indeed, the subject matter of utility is not the moral rightness
or wrongness of actions at all. Rather as an axiological principle specifying
happiness as the only desirable end, quite distinct from any substantive
moral principle, Mill's utility principle is conceived as "the test of
all conduct." As the revisionists understand it, the utility principle
does not impose on anyone a moral obligation to maximize utility, and it does
not condemn as a moral wrong any failure to do so. It follows from this that
a utilitarian is not necessarily inconsistent if he knowingly sacrifices some
utility for the sake of an equitable distribution of the utility that remains.
If the utility principle does not condemn as a moral wrong any discussion
to maximize utility, what claims does it make on action, and how is
it related to morality?
First, in specifying happiness as the only intrinsic value, the utility principle
entails that all reasons for or against any act, policy, or practice must relate
to and weigh its contribution to happiness. The principle of utility actually
entails another principle, invoked by Mill but not named by him, which (following
Brown and Lyons) I shall call the "Principle of Expediency." An act
(for example) is expedient if it brings about a net utility benefit, and it
is maximally expedient if it brings about greater utility than any available
alternative. An avowed utilitarian violates consistency if he knowingly acts
inexpediently, but Mill's theory of morality and of moral obligation insists
that the man who acts inexpediently need not thereby commit any moral wrong.
As Mill puts it in Utilitarianism:
We do not call anything wrong, unless we mean to imply that a person ought
to be punished in some way or other for doing it; if not by law, then by the
opinion of his fellow-creatures; if not by opinion, by the reproaches of his
own conscience. This seems the real turning point of the distinction between
morality and simple expediency. It is part of the notion of Duty in every
one of its forms, that a person may rightfully be compelled to fulfill it.
Duty is a thing that may be exacted from a person, as one exacts a
debt. Unless we think that it may be exacted from him, we do not call it his
duty.11
Mill's theory of morality and of moral obligation has here two levels - one
conceptual, the other substantive. At the conceptual level, Mill proposes that
we judge something morally right or wrong, only if its performance can be enforced,
and its omission punished. There is a necessary conceptual connection, according
to Mill, between the idea of a moral judgment and the legitimacy of its enforcement.
Contrary to countless interpreters and historians, then, Mill believes in the
Enforcement of Morality. But the morality in question is not necessarily the
popular or positive morality of prejudice and tradition, but rather the utilitarianly-sanctioned
"critical" morality which is the subject matter of Utilitarianism
and On Liberty.
How, then, can we know the area of morality and of moral obligation? First
of all, by applying the Principle of Expediency to the question of enforcement
and punishability. An act is morally right, not if it is maximally expedient
that it be done, but only if it is maximally expedient that its performance
be enforced by penalties for noncompliance. It is worth noting that this aspect
of Mill's theory of morality shows that his theory is not a species of act-utilitarianism.12
Mill cannot be an act-utilitarian, since his theory explicitly denies that an
act's being maximally expedient generates any moral reason to do it. Nor, contrary
to an influential current of interpretation begun by Urmson,13
can Mill be regarded as any sort of rule-utilitarian. Firstly, Mill's
principle of utility, like the principle of expediency which it entails, does
not mention either acts or rules, and, in fact, applies to things apart from
acts and rules. Also, an act may be morally wrong, provided it is maximally
expedient for the agent to suffer the penalties of conscience from it (regardless
of whether any rule exists or might exist whose violation would be similarly
wrong). Mill's moral theory, in short, is not accurately described in the traditional
terms of act- and rule-utilitarianism. It remains recognizably utilitarian,
nonetheless, in virtue of its clearly teleological orientation.
What Constitutes Moral Wrong: Mill's Harm Principle or
Principle of Liberty
We have seen that for Mill moral wrongs are to be distinguished from merely
inexpedient actions, and that a necessary condition of something being morally
wrong is that punishing it would be maximally expedient. We have yet to discover
what, according to Mill, is in fact morally wrong, and we can do this
only by looking at the relationship between liberty and morality developed in
the essay On Liberty. For it is there that Mill states his famous principle
of liberty, sometimes called the self-protection or noninterference principle.
This principle of liberty stipulates
that the sole end for which mankind are warranted, individually or collectively,
in interfering with the liberty of action of any of their number is self-protection.
That the only purpose for which power can be rightfully exercised over any
member of a civilised community, against his will, is to prevent harm to others.
His own good, either physical or moral, is not a sufficient warrant.
We need to clarify several important points about Mill's statement of this
principle of liberty. Mill clearly means that unless "harm to others"
can be prevented, there is no reason at all for any limitation of liberty.
As Brown puts it, "By giving this necessary condition for the existence
of a reason for restriction, it rules out as irrelevant absolutely everything
but the prevention of harm to others. This sharp and unequivocal denial,"
as Brown rightly continues, "is the cutting edge of Mill's essay."14
Among the reasons which Mill's liberty principle rules out as irrelevant to
justifying liberty-limiting acts, policies, and institutions are: (1) paternalist
considerations, reasons having to do with preventing a person from harming himself,
or with forcing him to benefit himself, and (2) moralist reasons, reasons
to do with the enforcement of the positive or popular moral sentiments of a
person's community. Mill also dismisses as legitimate reasons for limiting liberty:
(3) welfarist considerations, reasons that favor restricting a person's
liberty for the benefit of others.
Mill's liberty principle is, at first sight at least, a very stringent test
of the legitimacy of state interference, one which should appeal strongly to
economic and civil libertarians. For it condemns as illegitimate any restriction
of liberty by state or society which is not designed to prevent men from harming
one another. And, further, taken together with Mill's principles about enforcing
morality, it yields a substantive criterion or moral wrongness. An act (or whatever)
is morally wrong, if and only if punishing it both would prevent harm to others
and would be maximally expedient. (We must always remember here that "punishment,"
for Mill, includes the sanctions of public opinion and the goads of conscience
as well as legal penalties.) Mill's doctrine of liberty claims that the requirements
of morality will be maximally expedient if they are themselves minimalist: we
maximize utility if we restrict morality to questions of harm-prevention.
Traditional Objections to Mill's Harm Principle
At this point in stating Mill's doctrine, however, we may profitably raise
a number of traditional objections. What, after all, are we to understand by
the expression "harm to others"? Judgments about harm are often controversial
(think of recent debates about the harmful effects of hallucinogenic drugs):
how can we resolve such controversies? Does "harm" designate damage
only to a person or property, or is there a class of moral harms, or harms to
character, which may legitimately affect the liberty principle? Again, does
the liberty principle license us to restrict liberty only where the conduct
affected causes or threatens harm to others? Or does the harm principle sanction
restrictions of liberty in all cases where harm to others can thereby be
prevented? Further, is there really a category of actions which harm only
the agent himself but not others? Is there in fact a class of self-regarding
acts, whose primary effects are on the agent himself? If not, if all acts affect
others through their effects on the agent, then the class of acts protected
by the liberty principle would seem to be empty. Finally, even supposing these
difficulties are solvable, it is far from obvious that Mill's liberty principle
in fact expands liberty in its operations. Making "harm to others"
the only good reason for interference, far from curtailing the legitimate powers
of the state, might (because we all harm each other all the time in so many
ways) indefinitely augment them.
The Revisionists' Clarification of Mill's Harm or Liberty
Principle
All these questions have much exercised Mill's traditional critics, and to
deal with these difficulties the revisionists have advanced a range of more
or less persuasive answers. By far the most common accusation against the doctrine
of On Liberty has always been that Mill's principle of self-protection
presupposes a distinction that we cannot intelligibly make between acts which
are "self-regarding" (in that they affect only or primarily
the agent himself), and acts which are "other-regarding."
As Fitzjames Stephen puts it, with characteristic bluntness and clarity:
I think that the attempt to distinguish between self-regarding acts and
acts which regard others, is like an attempt to distinguish between acts which
happen in time and acts which happen in space. Every act happens at some time
and in some place, and in like manner every act that we do either does or
may affect both ourselves and others. I think, therefore, that the distinction
(which, by the way, is not at all a common one) is altogether fallacious and
unfounded. 15
One of Mill's early critics, Joseph Parker, in his John Stuart Mill on
Liberty, A Critique (1865) makes a similar point about determining the
range of application of the self-protection principle, when he asks how far
Mill is prepared to stretch the concept of harm. If, as Mill thought, the state
is justified in imposing compulsory education, and this is warranted in that
it prevents "harm to others," what policy could not similarly be justified?
In the same vein, Leslie Stephen, James Fitzjames Stephen's brother and biographer,
makes substantially the same objection, when in the third volume of his great
work, The English Utilitarians (1900), he declares that "It is
... the acceptance of this antithesis, put absolutely, the 'individual', as
something natural on one side, and law, on the other side, as a bond imposed
upon the society, which at every step hampers Mill's statement of any vital
truths."16
Rees's Defense of Mill's Harm Principle: Interests and
Rights
How do the revisionists try to rebut these objections? By far the most powerful
and influential attempt to clarify self- and other-regarding acts is made by
J.C. Rees in his well-known 1960 paper, "A Re-reading of Mill on Liberty."17
Rees distinguishes between actions that merely affect others and actions
that affect others' interests, and gives massive textual support for
the claim that Mill's working conception of harm in On Liberty is that
of harm to interests. The crucial difficulty for this interpretation,
however, is how Mill (or anyone else) is to know what are a man's interests.
Might not a committed puritan claim that he had an 'interest' in the moral environment
in which he and his children live, and hold the state might restrict the liberty
of those libertines and deviants who threaten to harm or damage the moral environment?
Rees's interpretation is clearly open to such an objection, since he emphasizes
that interests "depend for their existence on social recognition and are
closely connected with prevailing standards about the sort of behavior a man
can legitimately expect from others."18
It is, in fact, in order to distinguish human interests from "arbitrary
wishes, fleeting fancies or capricious demands,"19
that Rees stresses their dependence on norms and values which enjoy social recognition.
But, as Professor Richard Wollheim recognized, in Rees's interpretation Mill's
liberty or self-protection principle becomes relativistic and conservative in
character, and this cannot possibly accord with Mill's intentions. For on Rees's
interpretation the boundaries of the self-regarding area will be relativistically
determined by the currently dominant conception of interests, and the liberty
principle will expand freedom only insofar as legal and social limitations on
liberty lag behind changing, more restrictive conceptions of human interests.
D.G. Brown has argued persuasively20
that we can avoid this relativization of Mill's liberty principle only if we
construe Mill as understanding "interests" in a strictly naturalistic
and prudential fashion. Rees himself considers this question further in a subsequent
"Postscript"21
to his paper, where he emphasizes the relevance to On Liberty of certain
passages in Utilitarianism. Brown's interpretation is further supported
by the independent work of D.G. Long. In his highly relevant book Bentham
on Liberty (1977), Long emphasizes that several of the crucial distinctions
at work in On Liberty are variants of distinctions made by Bentham.
And this is most obviously the case with Mill's distinction between self-regarding
and other-regarding actions.
What complicates Brown's revisionist interpretation is that in On Liberty,
as in Utilitarianism, Mill recognizes that some, but not all, interests
are crucially relevant in determining the self-regarding area and thus in applying
principles about liberty of action. When Mill in On Liberty demarcates
the area of life in which we may be held accountable to society, he speaks not
of determining what are a man's interests but of ascertaining his rights.
"This conduct," he says, "consists in not injuring the interests
of one another; or rather certain interests which, either by express legal provision
or by tacit understanding, ought to be considered as rights."22
Here the test is not whether a man's interests have been damaged by other men,
but whether his interests ought to be protected as rights. Mill does not think,
then, that if a man has an interest, he thereby has any kind of right. His reference
to "certain interests" suggests that only some interests can
be grounds for rights, but which ones?
Utility and the Permanent Interests of Man as A Progressive
Being
In the introductory chapter of On Liberty Mill relinquishes any support
for his argument derivable from ideas of abstract right. Furthermore, he insists
that he regards utility "as the ultimate appeal on all ethical questions;
but" he goes on at once, "it must be utility in the largest sense,
grounded on the permanent interests of a man as a progressive being."23
The difficulty here is pushed one stage further back, in that we now need a
criterion for distinguishing between those interests of man that are transitory
and those that are permanently his in virtue of his character as a progressive
being. What is there in Mill's doctrine of liberty that answers this need
for a criterion?
Much of the secondary literature surrounding On Liberty might lead
a student of Mill's thought to suppose that his use of terms like "harm"
and "interests" is hopelessly vague. Given the apparent deficiency
in Mill's argument, his principle of self-protection might also seem practically
useless. As I have already observed, the force of that principle disqualifies
anything but harm-prevention as a test for restricting liberty. Paternalist,
welfarist, and moralistic interventions, therefore, all fall under the general
ban.
Human Interests, Moralism, and Paternalism
But are we always able to differentiate paternalistic reasons for interference
from moralistic ones? Is there, indeed, any determinate area in which paternalism
is at all an issue? The controversies surrounding "moral offenses"
suggest that judgments both about what is in a man's interests and about the
general interest, have an inescapably controversial aspect. Professor Basil
Mitchell shows this inherently debatable meaning of "interest" (while
accurately reporting on the famous controversy between Lord Devlin and Professor
H.L.A. Hart).24 The
ambiguity of "interest" is evident in Hart's argument that much existing
legislation that restricts liberty may be justified as protecting men's own
interests by paternalistic, rather than moralistic reasonings. This argument,
in other words, assumes that we can assess a man's interest without presupposing
any evaluation of the worthiness or excellence of his way of life.
To put this logical situation in a later terminology,25
Hart (like Mill before him) can resist Devlin's and Fitzjames Stephen's argument
that individual immorality is itself harmful to others by contending that "interests"
designate a purely want-regarding concept, and by claiming that state
interference can never rightly be ideal-regarding. Then the central
claim of liberalism in Hart, as in Mill, is that the state in its liberty-restricting
activities should be neutral between necessarily controversial competing ideals
of human excellence. Mill's argument, indeed, is that since assessments of a
man's excellence or nobility are not authentically moral evaluations
at all, the liberal thesis that the state may properly enforce the requirements
of critical or rational morality, and those alone, itself entails that
the state may never coercively support one ideal of human excellence against
its competitors. Mill differs from Hart, and lines up with later libertarians
like Thomas Szasz,26
in his uncompromising opposition, not only to legal moralism, but also to state
paternalism.
Man as a Progressive Being: Choice, Liberty, and the Psychology
of Self-Realization
What is the nub of the revisionist interpretation? We can concede that these
may well be "hard cases for the harm principle,"27
that is to say, cases where Mill's self-protection principle gives, at best,
ambiguous guidance to action. But revisionists hold that Mill's theory of happiness
and human nature is rich and dense enough to clarify how to apply the principle
of liberty across a very wide area. The crucial point to recognize is that Mill's
Aristotelian and Humboldtian conception of happiness had moved far enough away
from old-fashioned psychological hedonism to allow considerations of individuality
and self-realization to enter as constitutive ingredients into the
idea of human happiness. It is the theory of the higher pleasures, as elaborated
in Utilitarianism, that the exercise of the human capacities of choice,
reflective thought, and active imagination is not just a means to human happiness,
but a vital ingredient of it.
Mill further embeds this abstract and open-ended view of happiness in his
characteristic theory of human nature as permanently capable of self-alteration
and unpredictable self-transformation. Mill embraces this view in On Liberty
following such German writers as Schiller and Novalis (who were in close touch
with Wilhelm von Humboldt when he was writing his libertarian classic Limits
of State Action). This is the same view which Mill elaborates more explicitly
in the seminal articles on Bentham (1838) and Coleridge (1840):
it is a mistake to regard man as a natural object with fixed qualities and predetermined
possibilities. Rather, man is to be conceived as a reflective and self-critical
agent, actively engaged in the open-ended venture of exploring his own powers
and the world that he has created for himself. What distinguishes man from the
inhabitants of the animal kingdom, and gives him a special relationship with
nature, is only his capacity for reflective thought and deliberate choice; but
this is of capital importance. For, unlike that of an animal, the shape of a
man's life is not ordained in advance by a repertoire of unalterable instincts,
but is never less than the permanently revisable product of his own past thought
and action. Man, unlike the animals, is a progressive being. But Mill never
unreservedly took this to mean that moral improvement or social progress are
inevitable features of the human prospect. Being a progressive being means that
man's life is not bound by any fixed, unalterable natural endowment, but is
rather the unforseeable product of men's choices and experiments upon themselves.
The Interests of a Progressive Being: Autonomy, Security,
and Liberty
We are now in a better position to understand what Mill means, when he speaks
of "the permanent interests of man as a progressive being." The permanent
interests of any person are those that concern him or her as a chooser, a creature
who fashions his or her life by provisionally endorsing but forever criticizing
principles and policies. We can turn to the essay on Utilitarianism
for further illumination on Mill's notion of interests. We find there that Mill
regards security as man's least dispensable interest, the precondition of any
valuable form of life. We may suppose that Mill understands by security, security
of person and property. The theory of the higher pleasures,28
in turn, assures us that Mill believed that what was in a person's interests
was a choice-environment undistorted by invasive social and legal controls.
This freedom of choice is an indispensable condition of the kind of happy life
that is distinctive of a person. It is clear that we can secure free choice
only by the social and legal protection of an area of individual liberty.
The permanent or vital interests of persons, accordingly, are the interests
they have in security and in liberty. These interests thus ground their moral
rights. Damaging these interests constitutes, not just harm, but injustice.
Mill's doctrine of liberty and utility, we may repeat, judges that morality
is maximally expedient (and utility is itself maximized) when we maximize personal
choice or liberty and minimize moral requirements. As a general rule, these
moral requirements should be restricted to a prohibition of aggression and of
injury to individual security and liberty. Mill believes we have no moral
duty to benefit others, except in special circumstances as when a person
freely chooses contractual obligations. This is surely a conclusion which should
be welcome to all radical libertarians. One objection may be that the conclusion
is somehow suspect because it depends on contingent assumptions about man and
society. But this objection surely begs the questions whether any social philosophy
can avoid such assumptions.
Mill on the Priority of Liberty as Autonomy: Laissez-faire,
Private Property, and Socialism
I have argued, from the revisionist viewpoint, that Mill could consistently
attach a priority to individual liberty in political and social life. Allowing
liberty to be preeminent whenever background conditions of security and an acceptable
level of culture were established,29
Mill could yet remain faithful to his overriding utilitarian commitment.
But what does Mill's commitment to liberty's priority mean in the intensely
controversial areas of his view on laissez-faire, socialism, and private property?
As a start to answering this difficult tangle of questions, we need to challenge
the traditional view that Mill's working conception of liberty was a negative
one.30 For, first,
several of the fairly explicit definitions he gives of liberty commit him to
a strongly positive libertarian standpoint.31
Secondly, although On Liberty indeed discusses the classical-liberal
grounds and limits of justified coercion, that essay makes clear that Mill would
regard any society which lacks conflicting modes of thought and life as failing
to fit the ideal type of a society of free persons. Central to the argument
of On Liberty, then, is the notion of the free person as having available
to him a wide range of alternative lifestyles and modes of thought. Mill sees
the free person as liberated from the yoke of custom and convention, from the
conformist pressures of peer-groups as well as the legal penalties of law, in
areas where harm to others is not an issue. This positive notion of freedom
as autonomy informs all of Mill's writings on socialism and private property:
It is related to the idea of the autonomous man defined in David Riesman's well-known
sociological study of the nonautonomous or "other directed" person
in modern society, The Lonely Crowd. The intellectual pedigree of freedom
as autonomy extends back at least as far as de Tocqueville's writings on American
democracy.
Mill on the Role of Government: Neither Laissez-faire
nor Socialism
It is evident that the argument of On Liberty (1859) is a natural
development of Mill's discussion of the proper province of government in his
immensely influential Principles of Political Economy (1848). Mill
never unreservedly endorsed the standard slogans of laissez-faire, and much
of the time, indeed, he has engaged in criticizing them, sometimes misguidedly.
We would, however, fundamentally misconceive of Mill's intellectual development
imagining (as is sometimes still done) that Mill was intellectually seduced
by Harriet Taylor from an orthodox laissez-faire position to something more
akin to Fabian socialism. Mill's criticisms of the capitalist political economy
of his day, though often misconceived, fundamentally differ from those of the
socialists of his time and ours.
Before we can demarcate Mill's critique of capitalism from that of the socialist
orthodoxies, we need to be clear about Mill's relations to the doctrine of laissez-faire
by making a number of distinctions. In the Principles of Political Economy
(1848), Mill distinguished between 'necessary' and 'optional' state functions,
and divides 'optional' into two types: 'authoritative' and 'nonauthoritative'.
Mill differed from stringent laissez-faire noninterventionists, and argued that
it was completely inadequate to restrict state activity merely to the prevention
of force and fraud. He concluded pragmatically that the range of necessary government
functions, though certainly broader than supposed by many exponents of laissez-faire,
could not be identified by any universal rule, save the simple and vague one:
that we should permit governmental intervention only when the case of expediency
is strong.32
Against interventionists, however, Mill makes a crucial distinction between
the two mentioned types of 'optional' government interference, the 'authoritative'
and the 'nonauthoritative'. Since the 'authoritative' comprehends interventions
by sanction and legal prohibition, there is a strong presumption against it
deriving from utility in the larger sense. There is, however, no such presumption
against the 'nonauthoritative' interference which merely supplements and does
not replace successful private initiative. Unlike nonauthoritative interference,
which avoids all coercion beyond that involved in the exercise of the state's
taxing power, authoritative interference involves the state as order-giver and
tends to stultify the spirit of independence.
Thus Mill believed that the larger utilitarian considerations on the one hand
supported noninterference, but on the other hand allowed the state a wide range
of functions, when it is clear that private institutions cannot adequately supply
certain desirable things (public goods, as we should call them today). In this
way, the state might properly assume a share of responsibility for such items
as poor relief, colonization, scientific research, and the financing of education.
Mill's overall view, in fact, was that the preservation of individuality in
the modern world could not be achieved by sticking to any very fixed rule, but
demanded great centralization of information in the state, together with great
diffusion of power and initiative throughout society.
Mill's Conception of Distributive Justice vs. Orthodox
Socialism
If Mill's criticism of orthodox laissez-faire went so far, how did his "new
political economy" differ from contemporary and later socialist orthodoxy?
Pedro Schwartz shows in his important book, The New Political Economy of
J.S. Mill (1972) that the major targets of Mill's critique are the maldistribution
of property and an oppressive system of industrial organization. One of the
main causes of the maldistribution of property, according to Mill, was the concentrations
of fortunes facilitated by uninterrupted accumulation of wealth across the generations.
Mill's remedy for this maldistribution, which he proposed in the first edition
(1848) of the Principles, was the institution, not of an estates duty,
but of what we would nowadays call an accessions or inheritance tax, to be levied
on the recipient and not on the donor of capital. For Mill, the merit of such
a tax was that, unlike other arrangements, it need not transfer wealth from
private individuals to the state, since it was easily avoidable by the desirable
expedient of dispersing one's wealth widely. Importantly, Mill favored a steeply
progressive inheritance tax. This tax, though it would allow the transfer of
a "modest competence," would destroy all great fortunes in a couple
of generations.
Mill's support of progression in inheritance taxation contrasts sharply
with his opposition to it in the taxation of income. A progressive
income tax, he argued, was tantamount to "hanging a weight upon the swift
to diminish the distance between them and the slow"; it was to impose a
penalty on people for having worked harder and saved more than their neighbors,
which is the same as "relieving the prodigal at the expense of the prudent."
One explanation for this disparity in kinds of taxes lies in Mill's constant
preoccupation with saving and his lifelong distaste for conspicuous consumption.
These motives led him to express his support in principle for an expenditure
tax before the Select Committee on Income and Property Tax of 1861.
Mill's Lockean Distributive Theory vs. Egalitarianism
Another deeper reason for his contrasting attitudes to income and inheritance
taxes, one which I shall need to expand upon, is that Mill's conception of distributive
justice was by origin a Lockean one. Although this Lockean position tended to
make him favor a redistribution of property and of incomes, it had no specifically
egalitarian complexion. Mill clearly avows the Lockean pedigree of his doctrine
of property and distributive justice, when he gives a quasicanonical statement
of the grounds and limits of property rights:
The institution of property, when limited to its essential elements, consists
in the recognition, in each person, of a right to the exclusive disposal of
what he or she have produced by their own exertions or received either by
gift or fair agreement, without force or fraud, from those who produced it.
The foundation of the whole is, the right of producers to what they themselves
have produced.33
Statements such as this (which could easily be multiplied) open up a gulf
between Mill's doctrine of property and that elaborated in the tradition of
Hume, Bentham, and the elder Mill. The gap develops because Mill absorbed a
Lockean, Ricardian labor theory of value, which he used to ground a theory of
justice in property titles based on notions of desert. This labor theory of
the acquisition of property rights explains why Mill always treated the ownership
of land as a special case, in which the existence of permanent bequeathable
property rights is least justifiable. Similarly, the labor theory of property
accounts for his sustained interest in schemes for peasant proprietorship and
his unremitting hostility to landlords. Again, it is a Lockean conviction that
the marginal productivity of a man's labor is one good measure of his worth
and one that should be encouraged. This conviction accounts for Mill's uncompromising
defense of labor competition and his unrepentant support for the incentives
of piece-work in increasing individual productivity. Mill's redistributionist
proposals about inheritance also owe their rationale to another Lockean belief.
In the market economy of his day, Mill lamented that "reward instead of
being proportioned to labour and the abstinence of individuals, is almost in
inverse ratio to it." The Lockean background for Mill's conception of distributive
justice is recognized in Lawrence C. Becker's recent study, Property Rights
(1977), which expands and criticizes Locke's own theory.
However, Mill's distributionism, that is to say his desire to distribute property
on the basis of individual desert, has another source. This is the ill-judged
and fatal methodological dichotomy he sought to make between laws of production
and laws of distribution. As he famously puts it:
The laws and conditions of the production of wealth, partake of the character
of physical truths. There is nothing optional, or arbitrary in them... this
is not so with the distribution of wealth. That is a matter of human institution
solely. The things once there, mankind, individually or collectively, can
do with them as they like.34
This split between production versus distribution may be
restated as follows: Somehow persons produce wealth through rather mechanical
procedures without any options or choices on their part, and we need not examine
their motivations or incentives in doing so. The only question that seems relevant
to this approach is how society should choose to distribute the wealth that
mysteriously appears. However, this approach gives little thought to the effects
on producers of social schemes to redistribute the wealth they create. In fact
such redistribution may discourage producers from producing their product.
In this disastrous dissociation of production and distribution, with its implicit
"manna from heaven" view of how goods and commodities are produced
and with its failure to treat capitalism as a unified system of both production
and distribution, Mill propounds the central heresy of modern Social
Democracy. For this misleading dichotomy of production and distribution sanctions
the belief that productive and distributive arrangements of different sorts
may promiscuously be mixed so as to realize some ideal or preferred pattern
of distribution. This is a delusion that is justly assaulted both by Marxians
and by such neo-Austrian economists as F.A. Hayek and Murray Rothbard. In this
belief, Mill fostered a harmful tradition of social criticism of capitalism.
We are only lately recovering from this belief's ill-effects in social theory
and political practice. At the same time, all who are not exponents of natural
rights theory will commend Mill for arguing that property rights are not things
settled once and for all, deducible from some supposed axioms of ethics. Mill
viewed property rights, no less than political institutions, as creatures of
"time, place and circumstance," to be assessed and altered to harmonize
with "the permanent interests of man as a progressive being."
Mill's Syndicalism vs. Authoritarian Socialism
Mill thus advanced contemporary Social Democracy with his erroneous notions
about what constituted justice in distribution. But we should not suppose that
his form of anticapitalism had much in common with that of the Fabian socialists
who came after him. (Nor is there any strong evidence to support the received
view that Mill's approach to socialism and private property, or to any other
major issue, was substantially modified by the influence of Harriet Taylor.
35) It is true, however,
that Mill was a lifelong opponent of one mode of capitalist industrial organization.
He opposed those enterprises which are owned and managed by owners of capital
who stand in an authoritarian relationship with wage-earners. He thought this
became worse rather than better with the growth of joint-stock companies. He
opposed it because, in the first place, he thought it institutionalized a permanent
conflict of interests between capital-owners and wage-earners, and he doubted
if any productive system which rested on such a basis could be either stable
or efficient. Again, he supposed that the separations between wage-earners and
owner-managers deprived workers of any real opportunity for personal initiative
and precluded their becoming anything like the self-reliant individuals celebrated
in On Liberty. Such objections to the capitalist system of his day
led Mill to take a continuing interest in schemes for profit sharing, industrial
partnership, and producer's cooperation. But his utopian views went far beyond
such proposals and (as Lionel Robbins has suggested36)
can best be characterized as a form of nonrevolutionary competitive syndicalism.
As Mill put it himself in his Principles:
The form of association ... which if mankind continue to improve must be
expected in the end to predominate is not that which can exist between a capitalist
as Chief, and work people without a voice in the management, but the association
of labourers themselves on forms of equality, collectively owning the capital
with which they carry on their operations and working under managers elected
and removable by themselves.37
It is worth emphasizing that, while there are many objectionable aspects of
Mill's syndicalist or non-state socialist utopias, it has no affinities whatever
with the paternalist State celebrated in the Fabian socialist tradition. In
Mill's posthumous Autobiography (1873), he certainly envisaged an economic
order which was no longer recognizably that of nineteenth-century England, but
it differs at least as much from our own interventionist economy. If Mill is
in any sense a socialist then his was decidedly a "market socialism."
He nowhere fatally compromises the core capitalist institutions of private property
in the instruments of production and commodity production for competitive markets.
Further, in considering the relations between Mill's position and the various
socialist orthodoxies, we should note that, despite his iconoclastic sympathies
with trade unionism, he envisaged no place for trade unions in the society of
the future. He looked forward to a time when the harmony of interests between
all partners in production, facilitated by workers' ownership and self-management,
would allow "the true euthanasia of trades unionism."38
Mill on the Limits of Economic Growth: Its Harm to Individual
Character and Social Values
Finally, Mill's thought significantly contrasts with his socialist posterity
in his opposition to productivist conceptions of the good life. Like the other
classical economists, Mill accepted that economic growth could only be temporary
in a world of scarce natural resources in which population constantly pressed
on land and food reserves. In contrast with all other economists in the classical
tradition and in its socialist aftermath, however, Mill did not fear the arrival
of a stationary economy, but rather welcomed it as an opportunity for a large-scale
transformation in social values. Doubtless, a part of Mill's concern that society
be re-ordered to allow for a peaceful transition to a no-growth economy derives
from his neo-Malthusian insistence on the finitude of the world's resources
and the ever-present danger of overpopulation. Yet Mill's advocacy of a stationary-state
economy is largely concerned, not with considerations of resource-depletion,
but with the damaging effects on human character of the unremitting pursuit
of possessions and with the alleged destructive consequences for the natural
environment of open-ended economic growth. In Mill's own emphatic words, in
the chapter on "The Stationary State" in the Principles:
"I confess I am not charmed with the ideal of life held out by those
who think that the normal state of human beings is that of struggling to get
on; that the trampling, crushing, elbowing and treading on each other's heels,
which form the existing type of social life, are the most desirable lot of
mankind, or anything but the disagreeable symptoms of one of the phases of
industrial progress."39
In words which show him to have moved altogether outside the Benthamite utilitarian
tradition, Mill goes on to illustrate the harmful consequences for human character
and development of an overcrowded world: "It is not good for man to be
kept perforce at all times in the presence of his species. A world from which
solitude is extirpated is a very poor ideal ... Nor is there much satisfaction
in contemplating the world with nothing left to the spontaneous activity of
nature." Concluding the chapter in his Principles with the search
that "a stationary condition of capital and population implies no stationary
state of human improvement," Mill effectively confirms his distance from
the productivist central stream of classical economic thought and of its socialist
aftermath. Clearly John Stuart Mill, at least among the great liberals, owed
little - too little perhaps - to any culture of possessive individualism.40
We may well question the practical cogency of Mill's vision of a society of
fraternal but competitive workers' cooperatives. No one who now reads the Principles
can help reflecting that it became the standard economics textbook at a time
when Britain was still only semi-industrialized. At this time the statification
of the economy by interventionism was minimal and the joint-stock revolution
had only recently got under way. It was an era when it was unthinkable that
multinational corporations should arise possessing a discretionary authority
often exceeding that of sovereign states. Further, we now know something of
the problems of labor-managed economies (such as postwar Yugoslavia) resembling
Mill's syndicalist utopia. What we know suggests their liability to debilitating
influences, including especially an ineradicable disposition to an irrational
allocation of labor. And, as both F.A. Hayek and Milton Friedman have had occasion
to observe,41 Mill's
distributionism, combined with his belittling of the achievements of technology,
caused him to support the bizarre view that no further economic growth was needed
in mid-nineteenth century England, but only a radical redistribution of its
products. As Hayek has put it,42
Mill "appears to have been unaware that an attempt to cure even extensive
poverty by redistribution would in his time have led to the destruction of what
he regarded as cultured life without achieving its object."
Mill and Socialism
These defects in Mill's positive doctrine of a post-capitalist society are
widely admitted in the relevant secondary literatures.43
It remains unquestionably the case, however, that a deep gulf separates Mill's
idiosyncratic synthesis of laissez-faire with socialism from any subsequent
socialist orthodoxy. If today, we have little to learn from Mill's political
economy, still we ought, in intellectual honesty, to distinguish his errors
from the even worse ones of his socialist rivals and heirs. Indeed, many socialists
today might still benefit from reading Mill's posthumously published Chapters
on Socialism, in which he prophetically exposed the dangers to individuality
posed by a socialist economy.
John Stuart Mill's Idea of a Science of Society: One or
Two Mills?
We now move on to one of the oldest, and most persuasive, traditionalist objections
to the unity and coherence of Mill's social philosophy, and one which has furthered
a number of "two Mills" theses. This objection focuses on a tension
between Mill's view of mind and action, the tension between his theory of human
nature (presupposed by Mill's liberalism) and that to which he explicitly commits
himself in his "official" philosophical canon. Broadly speaking, traditional
critics point to a tension between the empirical, more deterministic, and passive
conception of human nature (defended, with several changes of emphasis, in Mill's
1843 System of Logic and in his 1865 Examination of Hamilton's
Philosophy), and the view of the mind as free, active, and creatively ordering
the raw data of experience. This second view seems presupposed by the argument
of On Liberty, and Mill gestures towards it in such occasional pieces
as his essay on "Two Varieties of Poetry." This traditional criticism
of Mill is powerfully made by a nineteenth-century writer, Charles Douglas,
in his John Stuart Mill (1895):
Because all improvement depends upon ideas, it must come from individuals;
and the most real and secure improvement - that of men themselves - consists
in their adoption of new and better ways of thinking.
Personality is thus, for Mill, at the very centre of human affairs. Human
progress depends, not only upon rational conditions, but still more upon choice,
and thought, and character and qualities of personal life. If Mill is committed
by his presuppositions to another way of conceiving men's relation to the
world, yet his assertion of the fundamental importance of personality forces
itself through his empiricism, and modifies the strictness of the theory (pp.
177-178).
A very similar argument, contending that Mill's ideal of a free man commits
him to a view of the mind as creative and ungoverned by causal laws, has been
elaborated much more recently by J.W.N. Watkins in a lecture to the Royal Institute
of Philosophy.44 Mill's
views of the sovereign autonomous individual thus seems to impute to man a contracausal
freedom of action which Mill's official empiricist philosophy denies.
Mill as a Transitional Thinker on Human Nature: Between
Mechanism and Idealism
This, however, is only one aspect of the claim that two views of human nature
compete and conflict in Mill's thought. At the most general level, such arguments
raise the question of how Mill's moral and political philosophy is related to
his theory of knowledge, and especially to his account of the scope and methods
of a science of society.
The traditional interpreters are on firm ground when they claim that Mill's
theory of human nature is a halfway house between the avowedly mechanistic account
that Bentham and Mill's father developed, and the Idealist view defended by
such later liberal thinkers as Bernard Bosanquet and T.H. Green. Several recent
writers acknowledge that Mill strongly inclined to endorse the view (intimated
in On Liberty and expounded in the writings of Wilhelm von Humboldt
and Coleridge) that emphatically denied the constancy of human nature and constantly
emphasized its liability to unpredictable metamorphosis. Richard Wollheim has
declared that "Mill denied the uniformity of human nature. In doing so
he rejected a belief that, implicitly or explicitly, has been central to the
thought of the European Enlightenment, and thus by descent to classical Utilitarianism."
R.J. Halliday, in his recent important book on Mill, sympathetically airs many
revisionist claims and states: "Mill felt himself emancipated from simple
psychological beliefs. Psychological hedonism, in particular, implied too neat
and too narrow an account of motivation, there was no permanent human nature,
to be explained by universal and invariant laws. ... Mankind were not alike
in all times and places."45
Given Mill's methodological eclecticism, we must regard such claims as only
a little less extravagant than Karl Popper's account of Mill which castigates
him as an exponent of psychologism.46
The real situation is more complex, and suggests that the traditionalists are
right in affirming that Mill never enunciated a coherent philosophy of human
nature.
Mill's Science of Human Nature: Uniform Laws vs. Constancy
The key point to make here is twofold: (1) Mill largely did free himself from
any belief in the constancy of human nature as always and everywhere
moved by a small, tight-knit family of motives; but (2) he never decisively
relinquished the empiricist project of a science of society, which must presuppose
that human conduct is sufficiently uniform to be brought under law-like
statements having both explanatory and predictive value. Thus, though Mill did
indeed respond to Macaulay's famous attack on his father's Essay on Government47
by repudiating the apriorism of the classical utilitarian approach, he
never gave up the empiricist assumption that the way to render human conduct
intelligible was to subsume its episodes under laws akin to those we formulate
in the natural sciences. Some evidence may suggest that Mill believed the methods
of inquiry appropriate to the study of human social life may qualitatively differ
from those appropriate to the study of nature. But in his official philosophical
corpus, Mill always adhered to a doctrine of methodological monism, to a thoroughly
reductionist account of man and society. Though at times Mill's intellectual
integrity and open-minded candor admitted bewilderment at the difficulties arising
from the empiricist projects of a science of society, he never abandoned that
project.
In order to critically evaluate the various traditional and revisionist accounts
of Mill's project of a science of human nature and society, it is necessary
to consider just how far Mill endorsed the classic empiricist aspiration to
formulate a theory of human nature using principles and methods no different
from those employed by natural scientists. To succeed, such aspiration presupposes
that human behavior is subject to universal regularities which are culturally
and historically invariant. This aspiration also assumes that in the human or
moral sciences, as in the physical sciences, explanation and understanding consist
in fitting observed behavior under a general formula or natural law. It was,
after all, that most skeptical of British empiricists, David Hume, who wrote
that "mankind is much the same in all times and places."48
Before Hume, Machiavelli had expressed in the Discourses a similar
conviction of the constancy of human nature: "In all cities and in all
peoples there are the same desires and the same passions as there always were.
... Everything that happens in the world at any time has a genuine resemblance
to what happened in ancient times. This is because the agents who bring such
things about are men, and men have, and always have had, the same passions from
which it necessarily comes about that the same effects are produced."49
Now it is true that, in his philosophical writings, such as the System
of Logic, Mill did occasionally insist that there are such things as laws
of human nature, determinate and ascertainable: "the laws of the phenomena
of society are, and can be, nothing but the actions and passion of human beings,"
he says, namely "the laws of individual human nature." Mill goes on
to insist that men are not "when brought together converted into another
kind of substance, with different properties." Similarly, he declares that
"Human beings in society have no properties but those which are derived
from, and may be resolved into, the laws of nature of the individual."
Thus far, Mill does indeed seem to be endorsing a historical, psychologistic
empiricism about the study of human conduct.
Human Nature: the Laws of Individual Psychology and the
Cultural, Historical Context
Such an impression of Mill's "official" theory of human nature is
seriously misleading, however, unless we severely qualify it. For Mill himself
qualifies his assertion of the primacy of psychology among the social sciences
with a reminder that it is necessary to grasp the historical context of human
behavior if one is to understand it adequately: "as society proceeds in
its development" he says "its phenomena are determined more and more,
not by the simple tendencies of human nature, but by the accumulated influence
of past generations over the present."50
Mill's effort in his System of Logic to develop an account of the nature
and scope of social explanation can be seen to embody an unresolved (and, very
probably, insoluble) contradiction between the psychologistic methodological
individualism (or "science of human nature") he had inherited from
the empiricist tradition, and the Comtean, historicist belief that "the
fundamental problem of the social sciences [is to discover] the laws according
to which any state of society produces the state which succeeds it and which
takes its place."51
It is widely recognized, even by the most sympathetic among Mill's interpreters,
that his attempt to synthesize a form of methodological individualism which
was no longer narrowly psychologistic with an emphasis on the cultural and historical
contexts in which human behavior occurs was not, and could never have been successful.
Perhaps the most powerful statement of the philosophical inadequacy of Mill's
conception of explanation and understanding in human studies has been given
by the Wittgensteinian philosopher, Peter Winch, in his extremely influential
and controversial book, The Idea of a Social Science. Winch identifies
the main weakness in Mill's philosophy not as its psychologistic tendencies,
but more fundamentally, as its commitment to methodological individualism. This
commitment is to a version of the "resolutive-compositive method"
for which Newtonian mechanics (rather than the "geometrical" and "classical"
methods he ascribed to his father and Macaulay respectively) was in Mill's view
the appropriate model. Winch's argument against Mill is, no doubt, part of a
polemical argument against empiricism and against methodological individualism
in the social sciences generally. As such, it is very powerful. However, the
inadequacy of Mill's "official" philosophy of human nature is not
sufficient to establish his philosophy as inconsistent.
Mill's Compatibilism: Free Will and Determinism
Traditionally, the latter objection of internal inconsistency chiefly addresses
Mill's reflections on the questions of free will and determinism. Mill's account,
which renews an ancient compatibilist tradition, seeks to reconcile freedom
and determinism, to show that any threat to the reality of choice posed by causal
determinism of human actions is fraudulent. Mill contends that the consistency
of determinism with freedom is, in the last resort, a pseudo-problem generated
by a conflation of causal necessity with coercion.
Mill directs the main force of his argument against the Owenite, necessitarian
or modified fatalist view (which he had found so oppressive during the period
of his mental collapse). This modified fatalism asserts human actions are the
unavoidable results of human character. The very features of human character
are themselves necessitated by circumstances which each man inherits from nature,
history, and society. Mill's rebuttal of the Owenite view is straightforward
enough, consisting of the assertion (unexceptionable so far as it goes) that
a man can alter his own character if only he wishes to do so by (for example)
placing himself under the influence of circumstances other than those which
gave it its current attributes. The objection to this argument is equally straightforward,
namely, that the impulse to change one's character must itself in any coherent
determinism be determined by one's constitution, history, and circumstances.
Such objections are, however, far from conclusive. Any attempt to show that
Mill's philosophy, and his moral and political theory, flounders on the problem
of free will, involves a program of substantive philosophical argument against
compatibilism. This is an area of philosophy in which nothing like a consensus
has yet been reached (and in which one is not yet visible on the philosophical
horizon). On this issue, at any rate, the charge that Mill's philosophy lacks
internal consistency must be given the Scottish verdict of "not proven."
A more problematic issue is that of the compatibility of the strongly fallibilistic
theory of knowledge intimated in On Liberty with the inductivism defended
in the System of Logic and throughout Mill's writings on epistemological
writings. Paul Feyerabend has gone so far as to base one version of a "two
Mills" thesis52
on this tension, claiming that in On Liberty Mill embraces a form of
epistemological pluralism, stronger than Popper's falsificationism, in which
human knowledge grows simply by the proliferation of conjectures and world views.
Such a theory of knowledge would certainly conflict with the more straight-forwardly
accumulationist, inductive account offered elsewhere in Mill's writings. But
it is also contradicted by much of what Mill says in On Liberty.
Mill as a Transitional Thinker: Between the Objectivist
and Skeptical Traditions of Liberalism
Quite apart from the question of Feyerabend's fidelity to evidence about Mill's
intentions in On Liberty - a question treated authoritatively by J.C.
Rees53 - there is an
overwhelming plausibility about the claim, recently advanced by Professor Basil
Mitchell, that Mill stood between two traditions in liberal thought. According
to Mitchell,54 the
two kinds of liberalism are distinguished chiefly by their account of the value
of freedom. The "old" liberalism valued freedom because only in a
free society could men have the chance to discover the truth about basic questions
in morality and metaphysics. The new liberalism valued freedom precisely because
there are no objective truths (at any rate in respect of evaluative and metaphysical
questions). Again, according to Mitchell, the new liberalism is represented
by Strawson, who in a well-known paper55
justifies the freedom of individuals to realize a diversity of competing ideals
of life within a framework of shared morality and law by arguing that no one
of these ideals can be shown to be uniquely rational or even to be rationally
preferable to other, well-formulated ideals.
Interestingly, though Mitchell follows most interpreters in claiming that
Mill belongs to the tradition of "old liberalism" he goes on to acknowledge
that "the seeds of the new liberalism" are to be found in Mill's defense
of individuality. In this respect, at any rate, the traditional interpretation
seems irresistible: throughout his adult life, Mill was poised in unstable equilibrium
between a dogmatic, objectivist posture towards truth and validity in the areas
of morality, metaphysics, and science - a posture he inherited from his father
- and a skeptical outlook in all of these areas. Part of the fascination of
Mill's liberalism derives from the spectacle of his agonizingly self-conscious
attempts to reconcile these irresolvably antagonistic outlooks.
Traditional and Revisionist Interpretations - A Provisional
Evaluation
Speaking of his period of mental crisis, and of the change in his opinions
which it wrought, Mill declared: "If I am asked what system of political
philosophy I substituted for that which, as a philosophy, I had abandoned, I
answer, no system; only a conviction that the true system was something much
more comprehensive than I had previously had any idea of."56
There can be little doubt that it is this self-critical and open-minded eclecticism
of Mill's thought which has led many commentators, exasperated by the systematic
elusiveness of his standpoint on the great philosophical and social issues of
his time, to despair of finding any coherent view in his writings. Certainly,
these are good grounds for the traditional interpretation in Mill's own many-sided
intellectual development. It must even be conceded that, in all probability,
the traditionalists are right in their contention that Mill never succeeded
in welding the diverse intellectual traditions by which he was influenced into
an integrated system. To this extent, the traditional interpretation must be
upheld.
Several considerations emerge from the preceding discussion, however, which
should cause us to moderate the severity of tone with which the traditional
interpretation has often been accompanied.
(1) In the first place, while Mill's eclectic aspiration to synthesize the
claims of utility and justice, laissez-faire and socialism, empiricism and a
creative view of the mind may ultimately fail, his argument has been shown by
the recent revisionist wave of Mill scholarship to be far more complex and subtle,
far more acutely aware of obvious counterarguments, than exponents of the traditional
view habitually allow. In some areas, indeed, it would be hasty and premature
to suppose that Mill's reconciling purpose had been decisively defeated by progress
in philosophical inquiry.
(2) Secondly, though we must not suppose that Mill is always clear-headed
and consistent in argument, the power of his argument about the relations of
utility, liberty, and moral rights should at least give pause to those who think
intellectual traditions can be identified schematically by reference to some
small group of dominating principles. Even if Mill's attempt to make peace between
utilitarianism and justice does not in the end come off (and the issue must
be regarded as still an open one) it does not do so because the idea of a utilitarian
theory of moral rights is self-evidently absurd. Indeed, this is one area where
Mill's eclectic method produces hopeful results.
(3) Finally, it should be recognized that the construction of an integrated
and comprehensive philosophy was not one of Mill's major aspirations. The revisionist
literature on Mill will have done us all a service if, in encouraging us to
look with respect on Mill's work, it encourages us also to emulate that tolerance
of uncertainty, and reverence for diversity, which is the distinctive feature
of Mill's intellectual personality.
Endnotes
Full citations for works listed
in the Endnotes may be found in the following Bibliography.
[1] J.P. Plamenatz, The English
Utilitarians, p. 123.
[2] Isaiah Berlin, "John Stuart
Mill and the Ends of Life," in Four Essays on Liberty, pp. 174
and 189.
[3] J.S. Mill, "Utilitarianism,"
in Utilitarianism, On Liberty and Considerations on Representative Government,
p. 50.
[4] James Fitzjames Stephen, Liberty,
Equality, Fraternity, p. 176.
[5] On Liberty (Everyman
edition) p. 72.
[6] I owe this quotation to John
C. Rees's admirable book, Mill and his Early Critics, p. 31. The most
comprehensive and reliable general bibliography of writings on John Stuart Mill
is that published in the Mill News Letter. One of the best nineteenth-century
criticisms of Mill on liberty is to be found in the Norton Critical Edition
of On Liberty, edited by David Spitz, pp. 123-142, reproduced from
an anonymous paper in the National Review 8 (1859).
[7] Alan Ryan's main contributions
are to be found in "Mr. McCloskey on Mill's Liberalism," Philosophical
Quarterly 14 (1964); "John Stuart Mill's Art of Living," The
Listener, October 21, 1965; The Philosophy of John Stuart Mill;
John Stuart Mill; "John Stuart Mill and the Open Society," The
Listener, May 17, 1973.
[8] Donald G. Brown, "Mill
on Liberty and Morality," Philosophical Review 81 (1972): 133-158.
Iam indebted also to Brown's papers on "What is Mill's Principle of Utility?"
Canadian Journal of Philosophy 3 (1973): 1-12; "Mill's Act-Utilitarianism,"
Philosophical Quarterly 24 (1974): 67-68; "John Mill: John Rawls,"
Dialogue 12, 3 (1973): 1-3.
[9] J.P. Dryer's contribution,
on which Brown draws in part, entitled "Mill's Utilitarianism" may
be found in Essays on Ethics, Religion and Society, J.M. Robson, ed.,
Collected Works of John Stuart Mill, 1969.
[10] Lyon's principal contributions
are: "J.S. Mill's Theory of Morality," Nous 10 (May 1976);
"Human Rights and the General Welfare," Philosophy and Public
Affairs 6 (Winter 1977); his books, Forms and Limits of Utilitarianism
and especially his In the Interest of the Governed, a revisionist interpretation
of Bentham's legal and political thought, are relevant to the interpretation
of On Liberty.
[11] Utilitarianism
(Everyman edition) p. 45.
[12] This point is made in a
perceptive paper by Professor David Copp of Simon Fraser University, entitled
"The Iterated-Utilitarianism of John Stuart Mill," and delivered to
the Canadian Philosophical Association Congress, June 1978.
[13] For the argument that Mill
is a rule-utilitarian, see J.O. Urmson, "The Interpretation of the Moral
Philosophy of J.S. Mill," Philosophical Quarterly 3 (1953).
[14] Brown, "Mill on Liberty
and Morality," p. 136.
[15] Fitzjames Stephen, Liberty,
Equality, Fraternity, p. 28.
[16] Leslie Stephen, The
English Utilitarians, Vol. III, p. 296.
[17] John C. Rees, "A Re-reading
of Mill on Liberty," Political Studies 8 (1960), reprinted with
an important "Postscript" (1966) in Limits of Liberty, Peter
Radcliff, ed. Rees's papers "A Phase in the Development of Mill's Ideas
on Liberty," Political Studies 6 (1958); "Was Mill for Liberty?"
Political Studies 14 (1966); and, "The Thesis of the 'Two Mills,"'
Political Studies 25 (1977), should also be consulted.
[18] Rees, in Radcliff, ed.
Limits of Liberty, pp. 101-102.
[19] Rees, in Radcliff, pp. 101-102.
[20] See Brown, "Mill on
Harm to Others' Interests," Political Studies.
[21] See Radcliff, Limits,
pp. 106-107.
[22] On Liberty (Everyman
edition) p. 132.
[23] On Liberty, p.
74.
[24] See Herbert L.A. Hart, Law,
Liberty and Morality and Patrick Devlin, The Enforcement of Morals.
[25] The terminology of 'want-regarding'
and 'ideal-regarding' principles derives from Brian Barry's book Political
Argument.
[26] See Szasz's many publications
on involuntary hospitalization as an infringement of human rights.
[27] I owe the expression, "hard
cases for the harm principle," to Joel Feinberg, who uses it as the title
for Chapter 3 of his excellent Social Philosophy where these matters
are discussed.
[28] The theory of the higher
pleasures is expounded by Mill in Utilitarianism, Chapter 2.
[29] Mill makes his qualifications
to the range of application of his principles on p. 73 of On Liberty
(Everyman edition).
[30] The terminology of 'positive'
and 'negative' liberty is owed to Isaiah Berlin, who develops its sense in his
"Two Concepts of Liberty," in Four Essays on Liberty.
[31] Thus, Mill observes in the
System of Logic (London, 1974 edition, p. 841) "it is said with
truth, that none but a person of confirmed truth is completely free." In
An Examination of Sir William Hamilton's Philosophy (London: Longman's,
1865, p. 510) he speaks of "that normal preponderance of love of right,
which the best moralists and theologians consider to constitute the true definition
of freedom."
[32] See Vol. III Principles
of Political Economy in the Collected Works of John Stuart Mill,
edited by J.M. Robson and V.W. Bladen, Toronto, 1965, p. 804.
[33] See Mill's Principles
(Toronto edition) pp. 754-755.
[34] See Principles,
Bk. II, Chapter I: "Of Property," first paragraph, in Collected
Works of John Stuart Mill.
[35] The claim that Harriet Taylor's
influence decisively affected the development of Mill's thought is still alive
in much recent work. It is discussed critically by H.O. Pappe in his valuable
monograph John Stuart Mill and the Harriet Taylor Myth, which is reviewed
by John C. Rees in Political Studies 10 (1962): pp. 198-202.
[36] See Lord Robbin's Introduction
to Vol. IV Essays on Economics and Society in the Collected Works
of John Stuart Mill, edited by J.M. Robson and Lord Robbins, Toronto, 1967,
p. xi.
[37] See Principles,
(Penguin edition) p. 133.
[38] This point is discussed
in Pedro Schwartz's The New Political Economy of J.S. Mill, p. 103.
[39] See Principles
(Penguin edition), p. 113 ff.
[40] My reference to possessive
individualism is, of course, intended to designate C.B. Macpherson's ambitious
ideological interpretation of liberalism in his The Political Theory of
Possessive Individualism. He gives a more balanced view of liberalism,
and an occasionally perceptive account of Mill, in his The Life and Times
of Liberal Democracy.
[41] See Friedman's Capitalism
and Freedom, p. 170; and Friedrich A. Hayek's The Constitution of Liberty,
p. 430.
[42] Hayek, The Constitution
of Liberty, p. 430.
[43] See for example, Alan Ryan,
John Stuart Mill, Chapter 6, for a critical discussion of some of the
difficulties in Mill's account of property and distribution.
[44] See J.W.N. Watkins, "Three
Views Concerning Human Freedom," in Nature and Conduct, Royal
Institute of Philosophy Lectures Vol. 8, London, 1974.
[45] The preceding quotation
from Wollheim occurs in his Introduction to the World's Classics Edition of
On Liberty, Representative Government and the Subjection of Women,
London, 1975, p. xi. The quotation from Halliday comes from his John Stuart
Mill, pp. 55-56.
[46] Popper's attack on Mill's
"psychologism" occurs in Vol. 2 of his The Open Society and Its
Enemies, Chapter 14.
[47] The controversy surrounding
Macaulay's attack on James Mill's Essay on Government has been marvelously
presented in Utilitarian Logic and Politics by Jack Lively and John
C. Rees.
[48] See Hume's Treatise
of Human Nature, Bk. I, Part 4, Section 6, for a development of this claim.
[49] This passage from Machiavelli
is quoted by Stuart Hampshire in a paper relevant to Mill Studies, "Uncertainty
in Politics," Encounter (January 1957).
[50] See System of Logic,
Bk. VI, Chapter VIII, p. 583 (new edition, London, 1930) for this and the preceding
quotation.
[51] See Mill's Against Comte
and Positivism for a development of this claim.
[52] See especially the original
version of P.K. Feyerabend, "Against Method" in Vol. 4 of Minnesota
Studies in Philosophy of Science: Analyses of Theories and Methods of
Physics and Psychology, p. 112.
[53] See Rees, "The Thesis
of the 'Two Mills,'" Political Studies (1977).
[54] Mitchell, Law, Morality,
and Religion.
[55] P.F. Strawson, "Social
Morality and Individual Ideal," Philosophy (1961).
[56] J.S. Mill's Autobiography,
p. 97.
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