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Chapter 5, Applications
Summary
In the final chapter of On Liberty, Mills tries to clarify his general
argument. He writes that his essay can be broken down into two basic
principles. First, people are not accountable to society for actions that only
concern themselves. The only means society has to express disapproval of such
actions is through "advice, instruction, persuasion, and avoidance by other
people if thought necessary by them for their own good." Secondly, the
individual is accountable for actions that hurt others, and society can punish a
person socially or legally as is deemed necessary for such actions. Mill
observes, though, that sometimes when an action causes harm to others, such as
when a person succeeds in a competitive job market, the general social good is
positive, and there is no right to punish people for the harm caused.
Similarly, free trade is allowed because of its socially beneficial effects.
In the rest of the chapter Mill looks at particular examples, and explains how
his argument should be properly applied to each one.
Mill first looks at how liberty relates to society's right to guard against
crimes and accidents. Mill says that the police must be careful not to restrict
things that might only potentially be done for evil, and must respect people's
right to potentially harm themselves. For example, a person should be warned
about the danger of crossing an unstable bridge, but should not be forcibly
prevented from crossing if he understands the risks. In the case of a poison
that could be potentially used for a crime, there should be regulations such as
taking down the name and address of the purchaser, but the poison should not be
banned. Mill also observes that the right to prevent crimes makes it legitimate
to limit conduct in the interest of prevention. For example, a person who
becomes violent when drunk could be compelled not to drink. He also mentions
that public violations of "decency" are an affront to others, and can therefore
be restricted.
Mill then turns to the issue of whether people should be free to "counsel or
instigate" others to act in a particular way. He says that they should, because
of the importance of exchanging opinions. A more complicated situation is when
someone profits from acting against the public good, such as in owning a
gambling house. On the one hand, society does not have the right to keep a
person from trying to persuade people to do something bad. On the other hand,
Mill does not think it unreasonable for society to say that people should not be
allowed to benefit from prompting others to make bad decisions. Rather, a bad
decision should reflect only the individual's will. Mill acknowledges that
persuading people to act badly for profit is an evil, and accepts that society
could impose restrictions on such people. Another issue is whether the state
should discourage vices through powers like taxation. Mill rejects this, saying
that it represents a punishment. Since it is not acceptable to ban vices it is
not acceptable to punish people for them either.
Mill addresses the question of whether people should be held to agreements that
cause themselves harm, such as selling oneself into slavery. Mill says that a
person should not be held to this agreement, because he is thereby permanently
giving up his freedom, and thereby undermining the very significance of freedom.
However, Mill does recognize that since agreements often create expectations and
obligations, these factors must be taken into account in determining whether it
is acceptable to nullify a particular agreement.
Mill also complains that certain actions affecting other people are currently
seen as being protected by a right to liberty. In particular, Mill writes about
the case of "family relations." In these cases actions can harm other people,
and it is in the State's authority to make sure such harms do not occur. For
example, the State should be allowed to legislate compulsory education for
children (while allowing for different modes of education), regardless of the
desires of the parent. To leave children uneducated is a crime against society
and the child, and the state should be able to test that children have general
knowledge of facts. Mill also contends that the State should be allowed to
restrict marriage to those people capable of supporting a family, given the
dangers of over-population and the duty to give children a chance at a normal
existence.
Finally, Mill examines the issue of whether the government should intervene to
help people, instead of letting them do things for themselves. This is related
to his discussion of government action, but does not directly deal with the
issue of liberty. Mill gives three objections to such interference. First, the
person most qualified to perform an action is usually the person with a direct
interest in it. Second, it is useful that people do things themselves for their
personal development. Third, it is bad to add to the government's power. A
powerful bureaucracy will stifle reform as a means to preserve its own
interests, and thus goes against the interests of free people. Drawing the line
where big government becomes dangerous is one of the most important political
questions. Mill's answer is to decentralize power as much as possible, but to
centralize the dissemination of information. He warns about the evils of giving
the state so much power that it stifles human development, because ultimately
this lack of development will stifle the state itself.
Commentary
This chapter is significant because it provides a much clearer sense of what
kinds of actions Mill believes should be respected by society. Most of his
examples deal with legal requirements and the role of the state. Why might he
have chosen to focus on government action in this chapter? In particular, think
about how this approach might work as a rhetorical strategy. It is important to
remember, however, that in general Mill does not limit compulsion to state
activities. It is likely that in most of his examples he would also say public
judgment would be inappropriate.
In general, Mill's applications seem to reinforce the view of liberty of action
previously developed. Some examples, however, may be surprising. For example,
Mill's statement that gambling houses can be limited reflects an imposition of
social values on the business activities of others. Given his argument about
the fallibility of social values, Mill's willingness to restrict "bad"
businesses might appear inconsistent. In thinking about the significance of
such examples, it may be useful to think about two ways of interpreting them.
First, such examples might show a depth of Mill's theory that was not previously
apparent. Indeed, this is why Mill provides a chapter on applications of
his theory. In fact, this example does reinforce the point that while society
must not punish behavior, it does not have to actively promote vices. A second
interpretation of difficult examples is that Mill himself failed to appreciate
the full significance of his theory. It is possible that Mill simply did not
see the full logical implications of his previous discussion. When looking at
his examples, think about which category Mill falls in to.
Another interesting point is Mill's insistence that parents do not have full
ownership over the lives of their children. The good of society requires
certain behavior on the part of parents and potential parents, and society is
fully justified in compelling that behavior. In thinking about Mill's argument,
consider whether he gives an adequate account of the rights that parents have to
raise their children as they see fit.
Finally, Mill ends with a discussion about the importance of people having the
freedom to develop their capability to make choices. Mill uses the example of a
government that is trying to help people make the right decision through
institutionalized means. But this help, according to Mill, is no beneficial to
either the individual or to society. Mill adheres to his principal that it is
only through dissent, only through disagreement and conflict of ideas, that
society can be bettered and an individual can gain the perspective to help
himself. The freedom that Mill wants for the individual is a freedom to make
mistakes, to assert falsehood. Mill is committed to the idea of progress, his
theory of the hierarchy of civilization demonstrates his belief that man can
improve himself. But Mill sees this progress as only able to emerge from an
open culture, one free from conformity; the utility Mill promotes is not one
of comfort in the present, it is one designed to create the ultimate good in the
future, human progress.
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