Freedom and its Limits.
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Well, good afternoon. My title
afternoon is freedom and its
. Now freedom is a very
word of course and everybody
to be in favour of
. It's a very useful political
in all sorts of ways.
's a useful word in rhetoric
in debate. The word's often
of course therefore, but let
be clear about what I'm
to talk about. I'm not
to be talking about psychological
, what you might call freedom
the will; that's a very
and difficult issue. What I'm
to be talking about is
much closer, I think, to
sense, that is the political
legal freedom of individual people,
of individual people, though, I
refer to groups as well.
, what are we going
do? Well, after I've introduced
topic, let's have a look
, I say, some arguments for
, in early modern Europe, I'll
a couple and add some
about other possible arguments. Then,
'll look at arguments against individual
. There are powerful arguments against
and they're not new. Then
'll home in on John Stuart
's classic defence of personal freedom,
the sense in which I'm
the term freedom. John Stuart
was a nineteenth century English
. I'll add some comments on
's analysis and then we'll look
some current policy issues in
to Mill's principle and see
we can begin to reach
sort of judgement on how
the principle is in real
day difficult practical issues. OK.
sounds a bit theoretical but
's really not very difficult. It's
close to common sense in
ways.
Right, let's turn
to some arguments for freedom
early modern Europe. My first
is a religious one. We're
of the early seventeenth century
Poland. Now this was a
of course of religious wars.
who didn't subscribe to the
religious doctrines on either side
be burnt or otherwise damaged
their trouble. Heretics in particular
be burnt to death. Now,
a man was Socinus, he
burnt in Poland in 1604
his argument was this. He
argued for some freedom of
in religious beliefs, some freedom
thought in religious beliefs. Now,
? What was his argument? What
his reasons? Well, his reason
was a single one, that
's no such thing as final
truth. There's not simply one
absolute truth. So that's really
point about the nature of
itself. My next example comes
from the seventeenth century, but
bit later, the English poet
Milton, the famous English poet,
author of Paradise Lost and
Regained and so on. Well,
1644, during the English civil
, he argued that truth and
should be allowed to struggle
, truth and falsehood should be
to struggle together. Now his
was that in a free
truth will always win out
falsehood. So this is really
procedural point he's making, isn't
? Not a point about the
of truth but a point
how truth can be arrived
.
Now, I say some
for individual freedom. We've looked
far very briefly at two.
are plenty of others of
and you can perhaps think
some. I mean it's something
children think of in relation
their own freedom of action
. We all do it, especially
our freedom's challenged. There's one
argument for individual freedom that
is worth adding to the
. And that would be an
that if you, if people's
are respected, so to speak,
the people themselves are respected.
philosophical pedigree of this idea
, at least in part, with
eighteenth century German philosopher Immanuel
, who stressed the importance of
for people as a main
point.
OK. Let's go
now to some arguments against
freedom. This might seem a
harsh. Well, what are the
? As I say, they are
very powerful and effective and
of them, at least, are
worth considering very carefully. Let's
with the Pope, the head
the Roman Catholic church, in
. In one of his official
as Pope, in a Papal
, Pope Gregory 16th described liberty
conscience, which was coming into
, freedom of conscience, as a
, as of disease of the
acute sort. There was only
truth and it was absolute.
here we have the Pope,
least the Pope of the
, replying to Socinus, so much
. My second example of arguments
individual freedom is very different.
's an idea that some neo-Marxists,
least some followers of Marx,
Marx, the nineteenth century German
, use. In this century some
have claimed that the liberal
on toleration is part of
they would call a bourgeois
and bourgeois morality needn't really
taken very seriously. The real
, according to these Marxists, is
class war. And the proletariat,
is the working class, will
win the class war in
long run. Now, I'm reminded
Marx and Engels in the
Manifesto. They said that the
of all hitherto existing society
the history of class struggle.
was a rather, you know,
account of the matter from
point of view. They're trying
get us to accept that
whole of history is the
of the class struggle. So
that background, individual freedom has
be seen, if anything of
, as an aid to the
of the class struggle. Now,
other arguments are there against
freedom? I did suggest that
of them have to be
very seriously. I'm reminded of
People's Republic of China, in
public response to some of
recent United States insistence on
rights, individual human rights. The
government's spokespersons have made remarks
these lines. That human welfare
the most basic sorts is
important than individual freedoms. That
is roughly what they were
. That I think does have
be taken seriously. What they
is that if people are
, it may be more important
have food than to have
sorts of individual freedoms that
so cherished in the west.
, let's come in a
more detail to John Stuart
. Who was he? He was
in 1806. He lived until
. He was the son of
very distinguished father, James Mill,
an associate and colleague of
Bentham. Now Jeremy Bentham was
utilitarian lawyer and philosopher. One
the founders, by the way,
University College in London, which
the first secular, that is
, university institute in this country.
the young John Stuart Mill
brought up in a very
atmosphere. The story is well
from his autobiography, by the
, how he was taught by
father from the earliest age,
age of three or four,
was taught Latin and Greek
as soon as he could
. And he was destined by
father to be one of
great intellects of the age.
, he promptly had a nervous
as a young man, as
might imagine, he'd been subjected
considerable pressures. But he recovered
he did indeed go on
write on social philosophy, logic,
scientific method. Many different things,
philosophy, logic, and scientific method.
best known writings however are
long essays on liberty, which
'll be referring to, 1859, and
, 1863. As well as his
, which I've referred to, published
1874, the year after his
. I'd better just explain what
is very briefly. It's the
doctrine that we should value
action, not according to the
of the person acting, but
to the consequences, the results,
the action. And this became
powerful, it still is, a
social philosophy.
OK. Let's
back to the concept of
, which is enough for us
today. So, I'll refer to
essay on liberty, what was
Stuart Mill doing in this
? Well, his aim, which he
states in the early part
the essay, is to set
one main principle This principle
show which sorts of freedom
thought and freedom of action
persons should have and which
be limited by the state.
were some, he conceded, that
to be limited by the
, but the question was where
draw the line. And this
really the subject of his
. OK. Well, what was the
then? Mill's principle was that
individual should be free to
and act as he or
chooses except when such thought
action will harm others. That's
exception that's so important there.
'll just repeat that, the individual
be free to think and
as he or she chooses
when such thought and action
harm others. Let me just
a couple of pieces from
's essay on liberty. Firstly, here
have the principle stated in
of its many statements. "The
part of the conduct of
, for which he is amenable,"
is to say accountable, answerable, "
society, is that which concerns
. Over himself, over his own
and mind, the individual is
," sovereign, in complete control. And
to the exception I mentioned,
we have another statement of
, in surprisingly modern simple English, "
liberty of the individual must
thus far limited; he must
make himself a nuisance to
people." Well, you can't get
simpler than that, can you?
all know, we all know
that means. Now, Mill went
to distinguish three sorts of
and he argued in favour
each of them. First there
freedom of thought and expression.
to think what you like
freedom to express what you
in writing or in speech.
, freedom of action, freedom to
as you wish. And thirdly,
of people to associate together,
meet together. I suppose it
, these days, include the Internet,
't it? I don't know.
. Let's have a look first
at some arguments in favour
freedom of thought and opinion.
suppress an opinion, Mill thought,
to rob the human race.
were very valuable things, for
, you see. Furthermore, we can
be quite sure that an
is wrong. Even if we
it is, we have to
ourselves could we ourselves be
about it? Even if it
false, it is still wrong
suppress it, according to Mill.
that sounds rather odd. Why
it be wrong to suppress
false opinion? Well, we come
to Milton's point about the
between truth and falsehood and
even true beliefs, according to
, benefit by being challenged. The
is that those who hold
true beliefs will then have
examine the grounds for them.
, you know, if they continue
believe the beliefs to be
, they'll have better reasons and
of the beliefs. OK. Let's
now to arguments for freedom
action and freedom of association.
, we can learn, writes Mill,
experiments in living. I don't
what Mill would have made
the, some aspects of the
in California and Carnaby Street
London, I don't know, but
principle he was in favour
experiments in living. They're useful,
says, a very utilitarian point,
consequences are useful. Again, individual
makes life rich, diverse and
, I quote him, rich, diverse
animating. And here is vintage
, spelling it out, "genius can
breathe clearly in an atmosphere
freedom," genius can only breathe
in an atmosphere of freedom.
we have to have this
of freedom if genius is
flourish. And if genius doesn't
, we're all so much the
. By genius, by the way,
Stuart Mill meant something not
uncommon, he said we all
genius, he wrote an essay
the subject in 1832. We
have genius, he said, and
is really coming to understand
clearly for ourselves. He wasn't
favour of the romantic notion
what genius is. Again, quoting
, "he who lets the world
his plan of life for
has no need of any
faculties than the ape-like one
imitation." Do we want to
like apes or parrots, he
. A bit hard on apes
parrots, perhaps, but never mind.
we want to be just
without any intelligence or foresight
our own?
OK. But
we come to the rub.
must be some limits, according
Mill, on individual freedom. And
individual does indeed owe something
society, especially when in a
of trust over others. For
, Mill says, it's a rather
discussion about drunkenness. He says
private person shouldn't be punished
getting drunk. I mean if
does harm, it does no
to anybody but himself, as
as he's a private person,
to Mill. You might wonder
Mill's right about this, but
is what he says. But
does agree that a soldier
policeman on duty should be
if drunk. Now, why is
? Well, a soldier or policeman
duty should be penalised because,
course, they're in a position
responsibility and trust. And if
are drunk, they can't carry
their responsibilities, they can't honour
trust. We don't need to
too imaginative to think of
of what would happen if
police or the infantry were
. They might fire guns by
or arrest the wrong person
so on.
What now
the state? Mill's argument is
the state does need to
individual freedom of action to
extent. So where does the
come in? Well, it's interesting
he starts by saying that
power in itself is a
thing. So you have to
it. I mean some bad
are justifiable. Pain is justifiable
you have to have a
leg set, for example. Well,
thought, in a similar that
state, although its power was
, was necessary for the greater
. Well, the state, state power,
to Mill, can be justified
in so far as it's
to protect the individual from
. It's an evil to add
to the power of the
. Since, according to Mill, "state
erodes individual choice and makes
small minded and dependent." I'll
repeat that, "state power erodes
choice and makes people small
and dependent." Well, a whole
of points there. But Mill
to sum things up in
own way, in this way, "
state which dwarfs its men,"
, by the way, although Mill
a remarkable early feminist, but
still used what was then
convention of referring to people
general as men. Let's start
, "a state which dwarfs its
will find that with small
no great thing can be
." It's quite a vivid image,
think, the state dwarfing its
.
OK. Let's turn
to some thoughts on Mill's
of freedom, which I've tried
summarise as simply as I
, freedom and the proper limits
freedom. Now, Mill of all
could hardly, on his own
of the matter, expect us
accept his account of the
without question. Here, then, are
questions for Mill. He's not
in a position to reply
them but there we go.
first concern is this, is
making an unclear distinction, the
, that is, between things that
nobody but myself and things
harm others. Is this distinction
as clear as Mill makes
? Well, consider the argument that
should be free to watch
pornographic videos in private. It's
argument that is often put,
some vehemence by those in
of that sort of activity.
at least those in favour
individual freedom to engage in
sort of activity. The argument
go that it will harm
one else. But, if you
about this, is it entirely
that I may not be
to put some of the
into practice at terrible cost
my victims. Now this is
very serious and live issue.
was in fact in this
a big official enquiry into
sort of thing, chaired by
philosopher, and it was very
in its conclusions. But I
the jury is still out
this one, so to speak.
's a need perhaps of more
, and more discussion on a
of how far video nasties
have an effect on people's
. Well, if they do, and
's take the extreme case of
torture and murder of children,
they do have a bad
, then that certainly amounts to
others.
A second question
Mill. Is there really a
, I mean this is a
question, is there really a
private moral realm? An English
, Lord Devlin, thought not. In
enforcement of morals, he argued
the moral code, supported by
ordinary people should be legally
. It's very interesting, it's a
conservative point of view, isn't
? If this view had prevailed,
would still be illegal in
country, for example. Now Devlin's
was that if society is
continue to exist, then there
be a shared and enforceable
code. There must be a
and enforceable moral code. In
words, this shared and enforceable
code is the very social
that keeps us all together.
Devlin there challenged liberal assumptions,
those of Mill, head on.
third question for Mill.
call it the individual, the
and what else. Well are
individual and the state the
relevant parties here? Think about
parties, groups of people in
in between the individual on
one hand and all the
of the state, all the
of the state on the
hand. I owe this point,
enough, to Jonathan Sacks, the
rabbi, on BBC radio. He
interestingly that, we haven't time
go into it much, he
very interestingly that there had
a preoccupation with the individual
the Thatcher years in this
and that had followed a
with the welfare state earlier
. He said, hang on there
minute, there are other very
entities, not just the state
the individual. There are groups
as the family, religious groups,
of friends, and innumerable voluntary
. Well, you might ask, are
neglected in Mill's analysis? I
the answer there would be
some extent yes.
Now,
, let's turn to Mill's principle
some current policy issues. All
have time for is just
list some policy issues and
'd invite you to apply Mill's
to them. Perhaps we can
some of these issues in
moment together. We've concentrated then
Mill's classic defence of individual
against the state. While recognising
strengths, we have raised some
about it. Well, that's what
think we've done. Now, what
the usefulness of Mill's principle
now in the policy issues
we ourselves face? Let's just
some examples. First the legalisation
, so called, leisure drugs of
sorts. A very topical issue
we all know. What are
issues here of individual freedom
what are the issues of
to others? And what, as
result of what we judge
be the correct balance, should
law on such drugs be?
second example, and this of
runs and runs as a
urgent practical issue, abortion, termination
pregnancy. Again, can we easily
the individual freedom, and whose
we talking about by the
, the foetus, the mother, the
, other groups, on the one
, and, you know, the individual
the one hand and others,
the other hand? A final
could be cloning, even human
. Consider the question of human
through private agencies. Which individual's
here should be involved? And
, or what, would be harmed?
the benefits outweigh the harms?
is the sort of question
've got to ask if we
Mill's principle seriously.
So,
way of conclusion, let me
try and, again, summarise what
've been up to. We've looked
some arguments for and against
liberty of the individual. We
homed in on Mill's classic
of it and some possible
to Mill. And finally, I
asked how helpful is Mill
relation to some current issues
perhaps I could now invite
views on this.
Thank
for your attention. And perhaps
'd like to raise any questions
may have or comment on
particular present day issues.
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