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Unit 13: John Stuart Mill: His Life and Theory of Liberty


          in customs, and hence not free. In spite of his elitism, he remained an uncompromising liberal, for  Notes
          he ruled out paternalism, the idea that law and society could intervene in order to do good to the
          individual. He explicitly ruled out interference in self-regarding actions. On this score, he differed
          from Bentham, who allowed the pleasure of malevolence, namely if the majority abhorred a particular
          kind of private conduct, then it was similar to the pain it would cause to the individual if such a
          conduct was prohibited. Mill, disagreeing, explicitly stated that the right of liberty could be sacrificed
          only for some “other right”, a point that has been reiterated by Rawls. However, he failed to analyze
          and establish a relationship between freedom and responsibility.
               At times he retained the traditional view derived from Bentham that any compulsion
               of even any social influence is an abridgement of liberty. Yet he never supposed that
               there could be any important freedom without law and when he identified liberty
               with civilization, he did not imagine that there could be civilization without society.
               What Mill’s theory required was a thoroughgoing consideration of the dependence of
               personal liberty on social and legal rights and obligations. It was this which T.H.
               Green tried to add to liberalism.
          Mill failed to specify the proper limits of legislation, and was unclear when it came to actual cases.
          For instance, he supported compulsory education, regulations of business and industry in the
          interest of public-welfare and good, but regarded prohibition as an intrusion on liberty.
          Sir Ernest Barker (1950) made an interesting observation when he remarked that Mill, in reality,
          was a prophet of an empty liberty and an abstract individual. This observation flowed from the
          interpretation that the absolutist statements on liberty like the rights of one individual against the
          rest was not substantiated when one assessed Mill’s writings in their totality. Mill separated the
          inseparable. The conduct of any person was a single whole and there could be nothing in it that
          concerns himself and did not concern others. Bosanquet too advanced a similar point that every
          action of a person would affect others and the demarcation between self-regarding and other-
          regarding did not hold good.
          Mill qualified his statements, circumscribing his original intent on liberty. For instance, his
          compartmentalization between self-regard and other-regarding actions, and the tension between
          his tilt towards welfarism, which conflicted with individualism, were all indications of this
          incompleteness. But the point Barker ignored was the fact that the tension that emerged in Mill
          was an inevitable consequence of attempting to create a realistic political theory which attempted
          to extend the frontiers of liberty as much as possible. In fact, no political theorist including the
          contemporary ones like Rawls, Nozick and Raz, are free from this inevitable tension.
          13.4 Equality within the Family and between the Sexes

          Mill’s thought and activism could be distinguished from those of his predecessors within the
          liberal tradition, because of his application of the principles of liberalism to the question of women.
          For Mill, improving women’s position by giving them suffrage, education and employment
          opportunities was a stepping stone to progress and civility.
          Mill rightly regarded improvement in the position of women as a concern not restricted to women
          alone, but of entire humankind. The Subjection therefore made a strong claim for equal status in
          three key areas : women’s right to vote, right to equal opportunities in education, and employment.
          He acknowledged the tremendous impact the writings of his mentor (Bentham) and his father had
          on his intellectual development, for both of them had to grapple with the issue in the course of a
          long-drawn-out debate on the subject. The other intellectual influences on Mill with regard to the
          women’s question had been those of Harriet Taylor Mill, W.J. Fox, William Thompson and the
          Saint Simonians like Saint-Bazard, Enfantin and Pierre Leroux, from whom he learnt to think in
          terms of stages of progress.


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