Selling Oneself into Slavery: Mill and Paternalism

'Voluntarily acceding to slavery', Joel Feinberg has written, 'is too much for Mill to stomach', and so Mill espouses strong paternalism and contradicts his famous principle of individual sovereignty. Mill's critics have found incoherence where none exists, largely because they have failed to take seriously his own claim that the non- enforcement of slavery contracts is required by the principle of liberty. The refusal to enforce such contracts arises not from Mill's espousal of paternalism, but from the paradox of sovereignty. Reconstruction of Mill's solution to this paradox not only dispels the charge that he abandoned the sovereignty of the individual, but also contributes to the reinterpretation of his defence of freedom, as a result of which his entire doctrine of antipaternalism emerges as a coherent and defensible position.     

Democracy in the Light of Security: British and French Political Discourses on Domestic Counter-Terrorism Policies

This article aims to question the relationship between security and liberty that lies at the heart of the current debates on European counter-terrorism policies. It analyses the statements reported in the press made by defenders of the emergency rules thesis and their rivals in the UK and France from September 2001 to June 2003. The findings reveal that, in both cases, the legitimation of the emergency measures rests upon a set of sovereignty-related arguments that reframe the notion of freedom and the place of human rights in contemporary democracies. The defenders of the human rights thesis denounce the reframing of civil liberties but fail to address the freedom issue.     

THE THESIS OF THE TWO MILLS

Abstract. How successful was J. S. Mill in reconciling the various elements in his thought which, on his own account, he tried to weave together in the period after he ceased to be a dogmatic Benthamite? This much discussed issue is raised afresh by some recent studies, especially Gertrude Himmelfarb's On Liberty and Liberalism and Paul Feyerabend's Against Method . The former argues that there is a conflict between the Mill of On Liberty and the conception of liberty to be found in his other writings, whilst the latter claims that On Liberty is not only a corrective to Mill's Logic but to all attempts to lay down rules for the conduct of scientific enquiry. Can these versions of the'two Mills thesis'be sustained?     

Judicial Responses to Counter-Terrorism Law after September 11

The role of the courts is quite important, especially in the protection of individual rights and liberties. Many counter-terrorism policies implemented at the national level often infringe on these rights, and courts are the best line of defense against these violations of liberty. However, courts do not always rule in favor of liberty, sometimes ruling in favor of a strict government policy. This analysis seeks to explain the conditions that may lead courts to rule in favor of, or against, the government, arguing that political fragmentation is a potentially key factor in determining when particular case outcomes occur.     

John Locke and the Limits of Religious Liberty: Marriage License Refusal,Religious Freedom Laws,Vaccine Refusal,Contraception Mandate Exemptions,and Ultrasound Requirements

Nearly two hundred fifty years into its existence, the American polity faces a conundrum over a core founding principle: religious liberty. Multiple debates have emerged over the extent and limits of religious liberty, including arguments over how far any one person’s religious liberty extends into the public sphere as well as into the private lives of other citizens. Highly influential on James Madison’s crafting of the First Amendment, John Locke’s Letter Concerning Toleration outlines a strong conception of both religious toleration and of religious liberty. In the “Letter,” Locke’s reasoning is sympathetic to the concerns and convictions of believers while remaining cognizant of the calamities to which religious differences can give rise. Further, he provides a robust explication of the mutually exclusive domains of ecclesiastical and civil authorities, now known more colloquially as the division of church and state. In the following article, I illustrate how the principles put forth by Locke offer guidance in adjudicating religious liberty claims in the cases of Kim Davis, religious freedom laws, vaccine refusal, contraception mandate exemptions, and ultrasound requirements.     

The 'Taking Liberties' Exhibition at the British Library

The British Library is currently staging an exhibition, Taking Liberties, on the history of liberty and democracy in Britain. This article reviews the exhibition. Its verdict is that the BL has done an outstanding job. As well as displaying a wide range of original documents, and providing an enticing means of interaction for visitors, the exhibition reminds us that liberty continues to evolve and its meaning continues to be contested. By showing how the evolution of liberty in Britain has taken centuries, rather than decades, it also reminds us that when we rightly criticise newer democracies for their imperfections, we should remember that the liberties of their citizens have evolved at a far faster rate than we ever achieved.     

The Clash between Security and Liberty in the U.S. Response to Terror

This study examines U.S. public opinion on civil liberties and security in response to the politically pivotal events of September 11, 2001—what shape it is in, what shapes it, and what it shapes. Public opinion is a critical restraint on political and administrative action today because so many regulators, rule makers, and law enforcers are making decisions or advocating policies that directly affect the balance between liberty and security. The general importance that is popularly attributed to terrorism is gauged by its ranking among the most important problems. The ostensibly contradictory public attitudes toward civil liberties are analyzed, as is the supposed inconsistency between perceived personal impact and the general significance attributed to the attacks. The data rebut the allegation that the public is readily disposed to restrict civil liberties as the price of security. Findings show the public does not perceive a personal or immediate threat to civil liberties. The implications for further research and good governance are laid out.     

Terrorism,Intelligence and Law Enforcement: Learning the Right Lessons

More than a generation ago, in the wake of investigations by the US Congress into improprieties carried out by US intelligence agencies, the United States, in effect, raised the wall between intelligence and law enforcement in order to protect the liberties of Americans. For similar reasons, its Cold War institutions enshrined distinctions between foreign and domestic, and public and private. The CIA was and is, for instance, enjoined from law enforcement and domestic activity.

Those distinctions served the country tolerably well during the Cold War but set it up to fail on September 11. Now, a rethinking of them is underway, as the balance between security and liberty is re-struck. It is imperative, though, to learn the right lessons on September 11. That means thinking carefully and proceeding slowly as changes are made. It also means carefully evaluating the effects of proposed changes, especially to avoid ‘pain for no gain’ measures that do inconvenience people, or even affect their liberties, for little or no gain in the war on terrorism.     

The Liberal Justification for Local Government: Values and Administrative Expediency

There are several important justifications for autonomous units of local government, derived from the writings of J. S. Mill and later theories concerning the value of pluralism. These arguments fail to show that local government is a morally necessary, as opposed to expedient, adjunct to liberal-democratic government. The paper develops from J. S. Mill's ideas on liberty a more substantive justification for local government based on the principle that local government can be a means for ensuring that the determination of collective decisions are made solely by those people affected by the decision.     

New evidence on the relationship between democracy and economic growth

It is often maintained that democracy is a luxury which comes at a price in terms of subsequent slower increases in national living standards. However, various recent cross-section studies on economic growth have found evidence that lack of civil and political liberties is negatively correlated with economic growth. Using a new measure of democracy, which is based upon the number of years that a country can be regarded as a democracy, the robustness of this relationship is examined. Both direct and indirect effects of lack of democratic liberties are analysed. Our main conclusion is that the relationship between democracy and economic growth is not rubust.     

Hobbes's Liberty and Skinner's Discontent

This article questions the plausibility of the interpretation of Hobbes's liberty that Quentin Skinner articulates in Hobbes and Republican Liberty . It argues that Skinner's book fails to prove two of the three claims it must uphold: the 'textual accuracy claim' and his 'methodological claim'. This article maintains that understanding Hobbes's use of liberty in Leviathan according to his definition of 'corporall liberty', as Skinner does, ignores many of Hobbes's claims that invoke liberty outside the beginning of chapter 21, resulting in a one-dimensional reading of Hobbes.     

Government Has No “Religious Agency”: James Madison's Fundamental Principle of Religious Liberty

Religious liberty has reemerged as a problem in liberal democracy. For guidance we can turn to James Madison. Unfortunately, his fundamental principle of religious liberty has been misunderstood. Madison believed that power over religious conscience always remains with the individual, which means that government never has a power to attempt to cause or prohibit religious opinions or profession and only has the power to prohibit religious practices that are “adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Madison's fundamental principle of religious liberty is therefore that government has no “religious agency.” In matters of religious establishment, “no agency” means that government lacks even the power to cognize religious opinions or practices. But in matters of free exercise, “no agency” means that government can accommodate citizens’ religious consciences, even if that accommodation requires cognizing their religious opinions. An important but widely overlooked example of Madison's complex but principled approach to religious liberty is his 1790 proposal for a statutory exemption from federal militia service for religious objectors.     

Liberty, Nobility, Philanthropy, and Power in Alexander Hamilton's Conception of Human Nature

Alexander Hamilton's conception of human nature grounds his political thought. His predominately and radically liberal conception of human nature is based on Locke's concept of liberty, Hobbes's concept of power, and Machiavelli's concept of the "effectual truth." It thus stresses the necessary relation between self-interest and republican government and entails the repudiation of classical republican and Christian political ideals. But Hamilton's love of liberty is nonetheless rooted in a sense of classical nobility and Christian philanthropy that elevates even while contradicting his liberalism. The complex relation between liberty, nobility, philanthropy, and power in Hamilton's conception of human nature, in effect, defines his thought, reveals its assumptions, constitutes its strengths, and poses urgent problems. That complexity forms the spirit of his liberal republicanism.     

Why Freedoms Do Not Exist by Degrees

The overall freedom of an individual or a society is something that exists in differing degrees. By contrast, anyone's particular freedom to engage in this or that mode of conduct is something that exists (or does not exist) in an all-or-nothing manner. Many political philosophers have taken a contrary view, however, and have contended that each particular freedom exists to a greater or lesser extent in proportion to the easiness or difficulty of exercising it. This essay argues that the temptation to view particular freedoms as matters of degree can be overcome when careful attention is paid to three distinctions: overall liberty versus particular liberties, the existence of any particular liberty versus the probability of its emergence, and becoming more free to do something versus becoming free to do something in more ways. By properly marking these distinctions, one can readily apprehend that the existence or inexistence of each particular freedom is characterized by no gradations – an insight that improves one's understanding of the necessary and sufficient conditions for the existence of any such freedom.     

Liberal Justifications for Local Government in Britain: The Triumph of Expediency over Ethics

It is shown in this article how theories justifying local government in Britain are largely based on the expedience of providing administrative efficiency or stable democracy for the central state rather than ethical grounds that justify local government as an independent entity in its own right. The article critically reviews the development of theories justifying local government within Britain and argues that it is possible on the basis of Mill's arguments within On Liberty to establish a strong ethical justification for local government. It is shown how Mill did not develop this line of thought but established substantive arguments concerning the value of local government for securing a stable liberal democracy and how successive mainstream theorists have modified but not substantially departed from this approach.     

'ON LIBERTY' AND MORALITY-DEPENDENT HARMS

Abstract. J. S. Mill's'On Liberty', according to Richard Wollheim and C. L. Ten, carries the idea that if a first individual causes harm to a second, but the harm is owed also to the second individual's belief that the action was wrong, the harm is irrelevant to any judgement about intervention by the state and society. Wollheim and Ten ascribe to Mill different principles of liberty sharing the given idea. However, neither the idea nor the principles can be assigned to Mill. There is no adequate textual basis for doing so, and there is resulting inconsistency. Rejection of the idea is relevant to more than'On Liberty'and Utilitarianism.     

Ranking economic liberty across countries

We have constructed a number of summary indexes of economic liberty based on principal component and hedonic weighting techniques. While overall these indexes are related to each other in a statistical sense, there are sufficient differences among them to impact the rankings of the individual countries. Because the liberty indicators currently available for use are fairly coarse, the differences that these weighting techniques yield in the summary liberty indexes are understated. As research on liberty yields finer measures of the liberty indicators, the choice of the weighting technique will become more crucial in defining an overall measure of economic liberty. As Table 3 indicates, the simple overall ranking index we created summarizes the information content of all the other indexes (based on hedonic, data variance, etc. rationale) and appears to be very robust with respect to all of them. In addition, all the rankings indicate that economic growth and RGDP are positively correlated with the level of economic liberty within a nation.     

The Banner of Upright Swiss Liberty

The liberty of the Swiss has not been sufficiently appreciated,by Europeans, by federalists, and even by foreign lovers ofliberty who chose to live there, such as Gibbon. In his Bannerof the Upright Seven, Gottfried Keller of Zürich uncoversthe basis of Swiss federalism, displays the liberty it promotes,savors the well-being it provides, and yet shows how it woulddestroy it if its basis were forgotten. And he does so festively.     

Politics,Nostalgia, and the Strange Estrangements of <Emphasis Type="Italic">The American Political Tradition</Emphasis>

This essay concerns the writerly features of Richard Hofstadter’s The American Political Tradition and the Men Who Made It. Of particular interest is how Hofstadter structured his arguments in the book, his modes and methods. There is also speculation as to whether readers today should feel nostalgia for Hofstadter’s verve and wit as a writer when the idea of the political in the book is so narrow, concerned primarily with economic motivations and interests. The two issues—memorable observation and the shrinking of the political—can hardly be disentangled. The “realism” of the historical figures in the book created the space for some of Hofstadter’s more memorable and cutting observations.     

Labor, Democracy, Utility, and Mill's Critique of Private Property

Scholars have long debated whether John Stuart Mill became a socialist, as he claimed in his Autobiography . This article strengthens the case that he did, ironically, by examining Mill's longstanding adherence to a labor-based justification for private property in means of production. Even while he developed sharp criticisms of capitalist property relations based on democratic principles of individuality and freedom, Mill held on to this labor justification, which partly offset his growing socialist sympathies. But relatively late in life, Mill reconsidered and discarded the labor justification and began to argue for a more explicit utilitarian analysis of the relevant questions, thus bolstering the importance of his democratic critiques of the system of private property. A recognition of the slow gestation of Mill's views on the labor justification enriches our understanding of his thought on socialism versus capitalism and provides an insight into how he applied utilitarianism in a practical context.