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Chapter 1, Introduction
Summary
Mill starts off by limiting the scope of his essay to Civil, or Social
Liberty. He writes that this essay will look at what kind of power society
can legitimately exert over the individual. Mill predicts that this question
will become increasingly important because some humans have entered a more
civilized stage of development, which presents "new conditions" under which
issues of individual liberty must be addressed.
Mill then turns to an overview of the development of the concept of liberty. In
ancient Greece, Rome and England, liberty implied "protection against the
tyranny of political rulers," and rulers and subjects were often thought to have
a necessarily antagonistic relationship. The leader did not govern by the will
of his people, and while his power was seen as necessary, it was also considered
dangerous. Patriots tried to limit the leader's power in two ways:
1) They gained immunities called "political liberties or rights." The leader was
thought to have a duty to respect these immunities, and there was a right of
rebellion if these rights and liberties were infringed. 2) Constitutional
checks developed, under which the community or their representatives gained some
power of consent over important acts of governance.
Mill writes that eventually men progressed to a point where they wanted their
leaders to be their servants, and to reflect their interests and will. It was
thought that it was not necessary to limit this new kind of ruler's power,
because he was accountable to the people, and there was no fear of the people
tyrannizing itself. However, when an actual democratic republic developed (The
United States), it was realized that the people don't rule themselves. Rather,
the people with power exercise it over those without power. In particular, a
majority may consciously try to oppress a minority. Mill writes that this
concept of a tyranny of the majority has come to be accepted by major
thinkers. Mill, however, argues that society can also tyrannize without using
political means. Rather, the power of public opinion can be more
stifling to individuality and dissent than any law could be. Thus, he writes
that there must also be protection for people against the prevailing public
opinions, and the tendency of society to impose its values on others.
The question, then, as Mill sees it, is where and how to limit public opinion's
sway over individual independence. There has been very little consensus among
nations about the answer to this question, and people tend to be very complacent
about their own customs in dealing with dissent. People tend to believe that
having strong feelings on a subject makes having reasons for that belief
unnecessary, failing to realize that without reasons their beliefs are mere
preferences, often reflecting self-interest. Furthermore, on the occasions when
individuals do question the imposition of public opinion on social standards,
they are usually questioning what things society should like or dislike, not the
more general question of whether society's preferences should be imposed on
others. Mill also notes that in England there is no recognized principle by
which to judge legislative interference in private conduct.
After laying out the major issues, Mill then turns to what he calls "the object
of his essay." He writes that he will argue that the only time individuals or
society as a whole can interfere with individual liberty is for self-protection.
Mill states that the argument that a certain law or public opinion might be for
an individual's own good or welfare does not suffice to justify that law or
public opinion as a coercive force; coercion by the many toward the individual
is only acceptable when an individual poses a threat to others. It is fine to
argue with a person about his actions, but not to compel him. Mill writes,
"Over himself, over his own body and mind, the individual is sovereign."
Mill notes that the right of liberty does not apply to children, or to
"backward" societies. It is only when people are capable of learning from
discussion that liberty holds; otherwise the people must be taken care of. Mill
also notes that he is not justifying the claim of liberty as an abstract right.
Rather, he is grounding it in utility, on the permanent interests of
mankind.
Mill writes that if a person causes harm to others actively or inactively, it is
appropriate for society to condemn him legally or through general
disapprobation. Individuals can even be compelled to do good for other people,
such as to save someone's life, because to do otherwise would be to cause evil
to another person. In contrast, society only has an indirect interest in what a
person does to himself or to other freely consenting people.
Mill divides the appropriate sphere of human liberty falls into three
categories, claiming that any free society must respect all three. First, there
is the domain of the conscience, and liberty of individual thought and opinion.
Second, there is planning one's own life, and the liberty of tastes and
pursuits. Third, there is the liberty to unite with other consenting
individuals for any purpose that does not harm others. These liberties reflect
the idea that true freedom means pursuing one's own good in one's own way, as
long as it does not prevent others from doing the same. These ideas directly
contradict society's increasing tendency to demand conformity, and unless moral
conviction turns against this tendency, the demand for conformity will only
increase.
Commentary
Mill's introduction is one of the most important parts of his essay, as it
contains the basic structure of his argument, as well as some of his major
presuppositions. Mill describes civilization as a struggle between society and
the individual about which should have control over the individual's actions.
Mill sees the world as tipping toward a balance in which society, through laws
and public opinion, has far more power over the actions and thoughts of an
individual than an individual has over himself. Mill rejects this status,
arguing that society should have control over only those actions that directly
affect it, or those actions that harm some of its members. Mill argues that an
individual harming himself or acting against his own good provides insufficient
reason for others to interfere. His essay will be a description of why this is
the case.
It is important to note that in rejecting social interference with individual
thought and activity, Mill is not just writing about laws, but also about "moral
reprobation." An individual or group cannot rightly punish a person's behavior
by, for example, treating him as an enemy, if his actions only affect himself.
In rejecting the legitimacy of coercive opinion, Mill drastically broadens the
scope of his claims. It is worth paying attention in later chapters to why Mill
is so critical of public disapproval of behavior, and to the avenues that Mill
does leave open for people to express disapproval of actions they
dislike.
The idea of progress is integral to Mill's essay, and this chapter reflects a
few of his ideas on the subject. Mill believes that individuals and society as
a whole can improve themselves. Fitting with this idea, he considers different
societies to exist on a clear hierarchy of value: barbaric societies are
childlike, without the necessary tools of self-government. They must be
governed like children, so that they can eventually become capable of exercising
their liberty. Yet while Mill considers progress and civilization to be
definite goods, he also expresses concern that with progress comes conformity.
In later chapters he will try to show that such conformity could undermine
further individual and social improvement.
In this introduction, Mill explicitly calls his justification of liberty
utilitarian. In doing so, he says outright that his defense of liberty will
not be based on natural rights, such as those proposed by Locke, or on
metaphysical claims, such as those proposed by Kant. Rather, Mill bases his
argument on what is best for mankind, and in doing so suggests that his
arguments will show the individual and social benefits of human liberty. In
later chapters, it is worthwhile to examine when and how Mill makes broad
utilitarian arguments for liberty, and to similarly look for instances when Mill
resorts to non-utilitarian arguments.
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