Considerations on Representative Government: Mill's Works

· Mill's Works Book 3 · VM eBooks
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Those who have done me the honor of reading my previous writings will probably receive no strong impression of novelty from the present volume; for the principles are those to which I have been working up during the greater part of my life, and most of the practical suggestions have been anticipated by others or by myself. There is novelty, however, in the fact of bringing them together, and exhibiting them in their connection, and also, I believe, in much that is brought forward in their support. Several of the opinions at all events, if not new, are for the present as little likely to meet with general acceptance as if they were.

It seems to me, however, from various indications, and from none more than the recent debates on Reform of Parliament, that both Conservatives and Liberals (if I may continue to call them what they still call themselves) have lost confidence in the political creeds which they nominally profess, while neither side appears to have made any progress in providing itself with a better. Yet such a better doctrine must be possible; not a mere compromise, by splitting the difference between the two, but something wider than either, which, in virtue of its superior comprehensiveness, might be adopted by either Liberal or Conservative without renouncing any thing which he really feels to be valuable in his own creed. When so many feel obscurely the want of such a doctrine, and so few even flatter themselves that they have attained it, any one may without presumption, offer what his own thoughts, and the best that he knows of those of others, are able to contribute towards its formation.

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About the author

John Stuart Mill (20 May 1806 – 8 May 1873) was an English philosopher, political economist and civil servant. One of the most influential thinkers in the history of liberalism, he contributed widely to social theory, political theory and political economy. He has been called "the most influential English-speaking philosopher of the nineteenth century."

Mill's conception of liberty justified the freedom of the individual in opposition to unlimited state control.

Mill was a proponent of utilitarianism, an ethical theory developed by his predecessor Jeremy Bentham, and contributed significantly to the theory of the scientific method.

Mill's On Liberty addresses the nature and limits of the power that can be legitimately exercised by society over the individual. However Mill is clear that his concern for liberty does not extend to all individuals and all societies. He states that "Despotism is a legitimate mode of government in dealing with barbarians".

Mill states that it is acceptable to harm oneself as long as the person doing so is not harming others. He also argues that individuals should be prevented from doing lasting, serious harm to themselves or their property by the harm principle. Because no one exists in isolation, harm done to oneself may also harm others, and destroying property deprives the community as well as oneself. Mill excuses those who are "incapable of self-government" from this principle, such as young children or those living in "backward states of society".

Though this principle seems clear, there are a number of complications. For example, Mill explicitly states that "harms" may include acts of omission as well as acts of commission. Thus, failing to rescue a drowning child counts as a harmful act, as does failing to pay taxes, or failing to appear as a witness in court. All such harmful omissions may be regulated, according to Mill. By contrast, it does not count as harming someone if – without force or fraud – the affected individual consents to assume the risk: thus one may permissibly offer unsafe employment to others, provided there is no deception involved. (Mill does, however, recognise one limit to consent: society should not permit people to sell themselves into slavery). In these and other cases, it is important to bear in mind that the arguments in On Liberty are grounded on the principle of Utility, and not on appeals to natural rights.

The question of what counts as a self-regarding action and what actions, whether of omission or commission, constitute harmful actions subject to regulation, continues to exercise interpreters of Mill. It is important to emphasise that Mill did not consider giving offence to constitute "harm"; an action could not be restricted because it violated the conventions or morals of a given society.

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