John Stuart Mill: On Liberty Flashcards
What is Mill’s view on Competition?
If an action causes some damage to the interests of another it does not automatically mean that interference from the state is justified.
e.g. competing for a job
What is Mill’s view on sale of harmful items?
if you do prevent the selling of harmful items, you are also preventing the useful action as well as the harmful action. Buyer must be informed, precautions can be enforced such as increasing expense or recording use.
Bridge Analogy.
What is Mill’s view on alcohol and drunkenness?
if you have previously caused harm whilst under the influence of alcohol, you must be placed under special legal restriction. Penalties then harsher if crime committed whilst drunk.
What is Mill’s idea of ‘Sin Tax’?
Tax on Alcohol - State can discourage drink. They could limit the number on sale. increases their positive liberty - addiction won’t force them to act in a way they normally wouldn’t. Decreasing their negative liberty - restricting poorer people.
The taxes benefit the country as the bigger the tax, the larger the revenue so the State gains more money, allowing the country to prosper.
“every increase of cost is prohibition”
What does Mill say about limits on pubs?
power confined to persons of known respectability of conduct - owner can ensure the customer will act respectfully under the influence of alcohol.
Restrictions = opening hours only
A limitation on the number pubs = inconvenience , treats working classes as children.
Licence will be withdrawn if breached
What is Mill’s view on advertising harmful things?
Giving and taking advice should be free, but if adviser gains from the advice given, particularly if promoting something that society views as ‘evil’, intervention by the state would be justified because the adviser is misleading people by saying that their business is good when actually it is harmful.
E.g. Pimps
What is Mill’s view of Marriage contracts?
Divorce allowed only unless third party e.g. child could be harmed.
What is Mill’s view on having children?
Mill believed that you should only have a child if you are able to appropriately care for them.
Agrees with one child policy in china. “ In a country over-peopled or threatened with being so…..”
What is Mill’s view on Children’s Education?
Failure to provide education for your children should be punishable by law. = ‘moral crime’
What is Mill’s view on Child’s ability?
Mandatory exams to assess abilities.
Lack = justified interference from the state
It would be interesting to hear Mill’s views on abortion!
What is Mill’s view on state and private education?
Only facts and opinions objectively
Not forced to agree opinions on religion and politics but shown that opinions exist.
Exams should take place at fixed years in a child’s life to maintain “a certain standard of excellence”
Should be given equal opportunities for different areas of additional education and examinations/qualifications for these subjects
What is Mill’s view on Women’s rights?
Defender: he wrote this application with the help of his wife, Harriet Mill.
Equal rights.
Despotic husbands limit freedom of women.
‘We ought not to deny to them, what we are conceding to everyone else.
What is Mill’s view on offences against public decency?
Sees them as a violation of manners.
Wolff: Contradicts Mill’s Liberty Principle. What harm does public indecency do? Mill would say that emotional harm does not warrant a restriction on liberty, yet that is exactly what he is proposing here.
Appears Mill isn’t totally liberal.
What is Mill’s view on religious practices?
Acceptable provided no interference of lives and liberties of others. Religion of any kind cannot interfere with the lives of others; in turn, varying religious practices cannot be repressed.
Issue = some faiths ask their subjects to interfere with the lives of others E.g: Exodus 31:14 - keep Sabbath and anyone else who doesn’t must die.
What is Mill’s view on incitement to cause harm?
Only restriction of freedom of speech.
Mills example was the opinion that corn-dealers rob the poor. To hold this opinion is fine and to express it in the press is fine however to express it to a mob outside a corn-dealers home is not.
How could Mill be seen as an inconsistent utilitarian in terms of being too liberal?
He shouldn’t be so liberal - principle of non-interference is insensitive to intensity and extent of distress experienced as a result of activities with fall within the self-regarding concerns of the individuals (bus examples). In order to be a utilitarian, tyranny of the majority would be a good thing.
How is Mill inconsistent as a Utilitarianism in terms of intrinsic and instrumental values?
Mill values freedom intrinsically or ‘in itself’ rather than for what it gets us (instrumental). Being a utilitarian is all about usefulness so ultimately valuing things for their instrumental qualities.
How can Mill’s APPLICATIONS be seen as inconsistent?
His issues of public decency do not correspond with the harm principle
Mill doesn’t always see tyranny of the majority as evil - he restricts offences against public decency, gambling and prostitution.
By restricting speech that incites harm it might cause harm in the long term
How could Mill’s views be seen as instrumental?
Freedom of thought/discussion/action end with utilitarian goal of happiness and the ideals of progress and truth
Benefits of liberty can be seen for both the individual and society
He envisages some situations where a persons liberty can be overridden for sake of general well-being.
How could Mill’s views be seen as intrinsic?
Freedom in the form of eccentricity seems to be shown as a good thing for it’s own sake.
‘the evil is that individual spontaneity is hardly recognised by the common modes of thinking as having any intrinsic worth, or deserving any regard on its own account’
He remarks that inconvenience through self regarding action is something ‘which society can afford to bear, for the sake of the greater good of human freedom’
What are the bad reasons for having the laws we do?
Class Superiority, morality, prejudice and superstition, selfish desires and feelings, God/scripture, burning of witches/heretics
What does Mill say are solutions to tyranny?
Harm Principle
What are the consequences of Tyranny?
It will halt progress
What is the progress triangle?
Freedom/Liberty facilitates progress. Custom prevents progress and prevents freedom/liberty
What are the three regions of the Harm Principle?
- Liberty of Conscience/thought
- Way of living life - freedom of action
- Freedom to form unions and groups with others
What is a contemporary example of issues with Freedom of Speech? How is it relevant?
Wikileaks with Edward Snowdon, Assange and Manning. - Mill could use the infallibility argument to justify this and the link with action argument.
How can freedom of action be seen as in conflict with utilitarianism?
Mill says that individual spontaneity has intrinsic worth. This could be seen to conflict with his utilitarian principles as utilitarianism is instrumental/useful. Individual spontaneity conflicts with utilitarianism because it is not the individuals but the majority of society that should benefit.
What are the natural rights of the Harm Principle?`
Negative Freedom - Locke - We are all same natural rank, we should not damage everyone’s interests. We are the creations of one God, we are all the same and therefore should not take advantage of each other. Reason gives us this. - Mill disagrees.
