Ken Binmore argues that justice consists in a proportional bargaining equilibrium of a ‘game of morals’, which corresponds to a Nash bargaining equilibrium of a ‘game of life’. His argument seems unassailable if rational agents are predominantly self-interested, an assumption that he is apparently willing to make on the grounds that human behaviour is ultimately constrained in accord with the selfish gene paradigm. But there is no compelling scientific evidence for that paradigm. Rather, human nature appears to be highly plastic. (...) If so, rational agents might eventually be moulded by cultural forces into social and moral actors who effectively believe that they are the same person-no different from anyone else−when it comes to certain vital personal interests which ought to be treated as rights. In this context, a utilitarian outcome is an efficient and fair equilibrium of the game of life. Compliance with the rules is enforced by the actor’s own conscience, a powerful internal ‘judicious spectator’ which threatens to inflict harsh punishment in the form of intense feelings of guilt for cheating. (shrink)

John Rawls is an influential critic of standard utilitarianism, which he classifies as “teleological” in the sense that it specifies utility as the sole rational end independent of any moral concepts or principles and then maintains that morally right actions are those which maximize this independent good. In Rawls′ view, John Stuart Mill relies on a pluralistic conception of happiness together with certain fundamental principles of human psychology to construct an extraordinary utilitarianism that gives absolute priority to a liberal basic (...) institutional structure similar to that of justice as fairness. This chapter shows that Rawls’ interpretation is problematic even on its own terms. According to the author, Rawls has opened up the possibility of deontological utilitarianisms which could serve as reasonable members of a democratic consensus. Indeed, perhaps Mill may still be properly interpreted as a deontological utilitarian, despite his avowed hedonism. (shrink)

Geoffrey Scarre has recently argued that the version of qualitative hedonism which I attribute to Mill is unsatisfactory for various reasons. In his view, even if it is formally compatible with value monism, involves non-hedonistic elements and offers an implausible account of the relationship between and pleasures. In this paper, I show that his objections, which are similar in spirit to those pressed earlier by Bradley, Moore and others against Mill, are unfounded where not confused. The Mill/Riley line does (...) not rely on non-hedonistic standards and has sufficient flexibility to account for many different kinds of pleasures and pleasing activities. It remains a coherent version of qualitative hedonism, worthy of further consideration and study. (shrink)

John Gray, much influenced by Isaiah Berlin and building on work by the late John Rees and the late Fred Berger, has recently stated three ‘fatal’ objections which virtually all analysts seem to find persuasive against John Stuart Mill's classic doctrine of liberty. First, Gray thinks it ‘an obvious objection to Mill's project that conceptions of harm vary with competing moral outlooks, so that no Principle of Liberty whose application turns on judgements about harm can expect to resolve disputes between (...) exponents of opposed moral perspectives’. Even if we overlook Mill's strange silence in the matter and supply him with a reasonable definition of harm, it remains clear that the liberty principle ‘is not, and cannot be, the very simple principle Mill sought’. For ‘Mill's principle is in its very nature radically incomplete. It tells us what we may not do, but not what we ought to do.’ To know when liberty should in fact be restrained, ‘we must look to other principles—chiefly the Principle of Utility itself’. But if general utility alone can ‘tell us how much liberty may be given up for how much harm-prevention’, then ‘there can be no question of adherence to [an] exceptionless principle such as Mill's Principle of Liberty’. Thus, even if we believe that Mill's version of utilitarianism is coherent, his judgements about the regulation of conduct must depend on a highly complex and controversial moral doctrine. (shrink)

John Stuart Mill provides a classic defense of individual and group rights to liberty with respect to purely private or self-regarding matters: The only part of the conduct of any one, for which he is amenable to society, is that which concerns others. In the part which merely concerns himself … directly, and in the first instance, … his independence is, of right, absolute.… From this liberty of each individual, follows the liberty, within the same limits, of combination among individuals; (...) freedom to unite, for any purpose not involving harm to others: the persons combining being supposed to be of full age, and not forced or deceived. (shrink)

Arrhenius and Rabinowicz have argued that Millian qualitative superiorities are possible without assuming that any pleasure, or type of pleasure, is infinitely superior to another. But AR's analysis is fatally flawed in the context of ethical hedonism, where the assumption in question is necessary and sufficient for Millian qualitative superiorities. Marginalist analysis of the sort pressed by AR continues to have a valid role to play within any plausible version of hedonism, provided the fundamental incoherence that infects AR's use of (...) such analysis is removed. But what AR call ‘Millian superiorities’ are never genuine qualitative superiorities in Mill's sense. Mill scholars need to appreciate this point and recognize that the interpretation of qualitative superiorities as infinite superiorities is the only interpretation which is compatible with the text of Mill's Utilitarianism. The continuing failure to appreciate the possibility of infinite superiorities has precluded any adequate understanding of the extraordinary structure of Mill's pluralistic hedonistic utilitarianism. (shrink)

(2006). Utilitarian Liberalism: Between Gray and Mill. Critical Review of International Social and Political Philosophy: Vol. 9, The Political Theory of John Gray, pp. 117-135.

If harm is restricted to mean perceptible damage suffered by an agent against his wishes, so that his mere dislike with no evidence of injury is excluded, then Mill's liberty principle arguably is ‘one very simple principle’ as he claims. But even so, what of John Gray's charge that the liberty principle relies on a ‘radically defective’ notion of individuality or autonomy that is incompatible with every civil society's cultural and moral traditions? If he is correct about this, then Mill's (...) principle lacks appeal even if it can be stated in a definite and coherent manner. (shrink)

I continue my argument that Millian qualitative superiorities are infinite superiorities: one pleasant feeling, or type of pleasant feeling, is qualitatively superior to another in Mill's sense if and only if even a bit of the superior is more pleasant than any finite quantity of the inferior, however large. This gives rise to a hierarchy of higher and lower pleasures such that a reasonable hedonist always refuses to sacrifice a higher for a lower irrespective of the finite amounts of each. (...) Some indication of why this absolute refusal may be reasonable is provided in the course of outlining the content of the Millian hierarchy. It emerges that Mill's hedonistic utilitarianism has an extraordinary structure because it gives absolute priority over competing considerations to a code of justice that distributes equal rights and correlative duties for all. His utilitarianism also recognizes that certain aesthetic and spiritual pleasures may be qualitatively superior even to the pleasant feeling of security associated with the moral sentiment of justice. Thus, for instance, a noble individual may reasonably choose to waive his own rights so as to perform beautiful supererogatory actions that provide great benefits for others at the sacrifice of the right-holder's own vital interests. (shrink)

This Routledge Philosophy GuideBook introduces John Stuart Mill and one of his major works, On Liberty. We see that in On Liberty Mill outlines the importance of moral rights, respect for rule of law, and individuality. Written with students in mind, Jonathan Riley gracefully eases the reader into Mill's work, life, and philosophy. An ideal read for those coming to Mill for the first time, and for anyone with an interest in political philosophy.

Against Schmidt-Petri's claim, I argue that John Stuart Mill is committed to the view that one pleasure is higher in quality than another if and only if at least a majority of those people who are competently acquainted with both always prefer the one no matter how much of the other is offered. I support my reading with solid textual evidence; none such is provided by Schmidt-Petri in support of his contrary interpretation that qualitative superiority exists whenever the experienced prefer (...) less of one pleasure to more of another. The decisive objection to this is its incompatibility with the hedonistic requirement that more pleasure ought to be preferred to less, a requirement so fundamental that it would be uncharitable to suppose that Mill lost sight of it in his doctrine of higher pleasures. (shrink)

Piers Norris Turner’s recent interpretation of John Stuart Mill’s philosophy transforms Mill into an illiberal utilitarian, against the textual evidence. Mill rejects Turner’s standard utilitarian, or “expansive,” conception of harm, according to which mere displeasure or distress counts as nonconsensual harm. Moreover, Mill is not a radical antipaternalist. He says that society may legitimately consider the individual’s own good as a reason for interference with other-regarding actions that inflict nonconsensual harm on others. But there are no reasons, paternalistic or otherwise, (...) for interference with self-regarding actions that may be displeasing to others without causing them any nonconsensual harm. (shrink)

Mill's free speech doctrine is distinct from, yet compatible with, his central principle of ‘purely self-regarding’ liberty. Using the crucial analogy with trade, I claim that he defends a broad laissez-faire policy for expression, even though expression is ‘social’ or other-regarding conduct and thus legitimately subject to social regulation. An expedient laissez-faire policy admits of exceptions because speakers can sometimes cause such severe damage to others that coercive interference with the speech is justified. In those relatively few contexts where interference (...) is called for, however, the central principle of self-regarding liberty sets absolute limits to the scope of society's regulatory authority. Regulation can never amount to an outright ban of any type of expression that can be consumed by the individual without direct and immediate harm to others. Nevertheless, and perhaps surprisingly, the central liberty principle admits censorship of certain extraordinary types of expression which necessarily harm others. (shrink)

John Stuart Mill argued, in hisPrinciples of Political Economy(1848, 7th edn., 1871), that existing laws and customs of private property ought to be reformed to promote a far more egalitarian form of capitalism than hitherto observed anywhere. He went on to suggest that such an ideal capitalism might evolve spontaneously into a decentralized socialism involving a market system of competing worker co-operatives. That possibility of market socialism emerged only as the working classes gradually developed the intellectual and moral qualities required (...) for worker co-operatives to succeed against private firms. Workers would tend to reject the hierarchical wage relation as they developed the requisite personal qualities, he believed, and capitalists, facing escalating wages for skilled labour as a result of the diminishing supply of high-quality workers for hire, would tend to lend their capital to the worker co-operatives ‘at a diminishing rate of interest, and at last, perhaps, even to exchange their capital for terminable annuities. In this or some such mode’, he speculated, ‘the existing accumulations of capital might honestly, and by a kind of spontaneous process, become in the end the joint property of all who participate in their productive employment: a transformation which, thus effected, (and assuming of course that both sexes participate equally in the rights and in the government of the association) would be the nearest approach to social justice, and the most beneficial ordering of industrial affairs for the universal good, which it is possible at present to foresee.’. (shrink)

An interpretation of Isaiah Berlin’s liberal pluralism is presented in which his tragic value pluralism is embedded within, and constrained by the other ingredients of, a common moral horizon that gives priority to the value of human survival, to social rules of decency or justice that are deemed essential to survival, to a minimum core of human rights distributed and sanctioned by such rules, and to a minimum sphere of negative liberty carved out by such basic moral rights. A serious (...) objection is that this interpretation assumes that human survival and human rights are far more important than any conflicting incommensurable values, contrary to the view associated with Berlin’s pluralism that incommensurable values are necessarily incomparable so that any conflict between them cannot be rationally resolved. But the objection is unpersuasive because, whatever Berlin’s idea of incommensurable values is, incommensurability cannot properly be reduced to incomparability: reasonable comparisons of incommensurable values are possible under plausible forms of incommensurability whereas incomparability is arguably an extreme form that tends to disappear with increasing information about competing values. It needs emphasis, however, that Berlin’s writings are marked by various ambiguities and inconsistencies, which require further critical discussion on another occasion. (shrink)

I continue my argument that Millian qualitative superiorities are infinite superiorities: one pleasant feeling, or type of pleasant feeling, is qualitatively superior to another in Mill's sense if and only if even a bit of the superior is more pleasant (and thus more valuable) than any finite quantity of the inferior, however large. This gives rise to a hierarchy of higher and lower pleasures such that a reasonable hedonist always refuses to sacrifice a higher for a lower irrespective of the (...) finite amounts of each. Some indication of why this absolute refusal may be reasonable is provided in the course of outlining the content of the Millian hierarchy. It emerges that Mill's hedonistic utilitarianism has an extraordinary structure because it gives absolute priority over competing considerations to a code of justice that distributes equal rights and correlative duties for all. His utilitarianism also recognizes that certain aesthetic and spiritual pleasures may be qualitatively superior even to the pleasant feeling of security associated with the moral sentiment of justice. Thus, for instance, a noble individual may reasonably choose to waive his own rights so as to perform beautiful supererogatory actions that provide great benefits for others at the sacrifice of the right-holder's own vital interests. (shrink)

In an article published in Prolegomena 2006, Christoph Schmidt-Petri has defended his interpretation and attacked mine of Mill’s idea that higher kinds of pleasure are superior in quality to lower kinds, regardless of quantity. Millian qualitative superiorities as I understand them are infinite superiorities. In this paper, I clarify my interpretation and show how Schmidt-Petri has misrepresented it and ignored the obvious textual support for it. As a result, he fails to understand how genuine Millian qualitative superiorities determine the novel (...) structure of Mill’s pluralistic utilitarianism, in which a social code of justice that distributes equal rights and duties takes absolute priority over competing considerations. Schmidt-Petri’s own interpretation is a non-starter, because it does noteven recognize that Mill is talking about different kinds of pleasant feelings, such that the higher kinds are intrinsically more valuable than the lower. I conclude by outlining why my interpretation is free of any metaphysical commitment to the “essence” of pleasure. (shrink)

Utilitarians and their critics commonly assume that maximizing utilitarianism necessarily aggregates over cardinal comparable personal utility rankings that are homogeneous in quality independently of their sources or objects, whether utility is conceived in terms of pleasure or preference satisfaction. Although familiar versions of utilitarianism, crude or sophisticated, do make such rich homogeneous utility information part of the very meaning of the doctrine, utilitarian philosophy loses credibility as a result. A more credible version of maximizing utilitarianism along John Stuart Mill's lines (...) relies instead on plural kinds of ordinal non-comparable personal utilities that are heterogeneous in quality. One kind of utility is qualitatively superior to another if and only if the higher kind is more valuable than the lower kind irrespective of quantity. Given that the kind of utility associated with the moral sentiment of justice is qualitatively superior to any competing kinds, Mill's pluralistic ordinal utilitarianism gives absolute priority to a social code of equal rights and duties over competing considerations. Some key practical implications of this extraordinary utilitarianism are discussed with reference to various examples of the sort discussed in the literature. (shrink)

Isaiah Berlin’s political thought consistently combines tragic value pluralism with moral priority for a minimum sphere of individual liberty which is defined and protected by a core set of basic human rights. His fundamental concept of a common moral minimum includes multiple components, including the idea that there is a common moral world of plural and conflicting incommensurable objective values and the idea that humans share a common nucleus of needs and interests centered on the overriding goal of human survival. (...) The basic human rights have priority over competing values because the rights are essential for human survival. They determine a common threshold of human decency: decent societies must respect the rights, which are in principle mutually harmonious under ordinary conditions, although emergencies can arise in which some of the rights must be sacrificed to respect others. Berlin’s focus is on decency, which he insists can be maintained without a commitment to political democracy. (shrink)

This Routledge Philosophy GuideBook introduces John Stuart Mill and one of his major works, On Liberty . We see that in On Liberty Mill outlines the importance of moral rights, respect for rule of law, and individuality. Written with students in mind, Jonathan Riley gracefully eases the reader into Mill's work, life, and philosophy. An ideal read for those coming to Mill for the first time, and for anyone with an interest in political philosophy.

D.G. Brown’s revisionist interpretation, despite its interest, misrepresents Mill’s moral theory as outlined in Utilitarianism . Mill’s utilitarianism is extraordinary because it explicitly aims to maximize general happiness both in point of quality and quantity. It encompasses spheres of life beyond morality, and its structure cannot be understood without clarification of his much-maligned doctrine that some kinds of pleasant feelings are qualitatively superior to others irrespective of quantity. This doctrine of higher pleasures establishes an order of precedence among conflicting kinds (...) of enjoyments, including moral as well as non-moral kinds. In particular, as he indicates in Utilitarianism , Chapter V, the higher kind of pleasure associated with the moral sentiment of justice, namely, a feeling of ‘security’ for vital personal concerns that everyone has and that ought to be recognized as equal rights, is qualitatively superior to any competing kinds of pleasures regardless of quantity. Justice (more generally, morality) is conceived as a social system of rules and dispositions which has as its ultimate end the maximization of this pleasant feeling of security for everyone. The upshot is that an optimal social code that distributes and sanctions particular equal rights and correlative duties has absolute priority over competing considerations within his utilitarianism. The code seeks to prevent conduct that, in the judgment of suitably competent majorities, causes grievous kinds of harm to other people by injuring their vital personal concerns. To prevent the acts and omissions which are judged to cause such undue harm, the code assigns equal duties not to perform them, and authorizes due punishment of anyone who fails to fulfill his duties. Punishment is always expedient to condemn and deter wrongdoing. But it is properly a separate issue which particular ways of inflicting punishment are expedient in any particular situation. Given that feelings of guilt are a way of inflicting punishment, coercion is not necessary for punishment. Thus, Mill’s claim that wrongdoing always deserves to be punished in some way does not imply that coercive legal sanctions and public stigma are always expedient for the enforcement of moral duties. (shrink)

Mill argues that the ultimate sanction of any moral standard is the conscientious desire to do right in accordance with that standard. The expediency of external sanctions is a separate issue and has nothing to do with the identification of right or wrong actions. He also argues that utilitarianism as he conceives it provides the only genuine moral standard for humanity because the desire to do right in terms of ‘utility in the largest sense’ is a natural outgrowth of our (...) natural desire for social unity. All other moral standards lack a solid footing in human nature: any desire to do right in their terms is merely an artificial compound feeling produced by early conditioning and mechanical associations of ideas that cannot withstand the dissolving force of analysis. Mill emphasizes that his enlarged utilitarian moral standard gives absolute priority to considerations of liberal justice and equal rights for all. (shrink)

In this major reinterpretation and contemporary defence of Mill's political philosophy, Riley offers a new reading of Mill's radical doctrine that is quite distinct from the prevalent and vague understanding of the term 'liberalism'. Based on the argument of On Liberty , the book begins by indicating the current debates about Mill's liberalism, followed by a summary of the argument, and an exploration of the alternative forms of liberalism that have since emerged, such as the doctrines of Green, Bosanquet (...) and Berlin. Riley then provides a full reinterpretation of Mill's doctrine covering issues of social custom and behaviour, and recent claims about Millian application on cases of pornography and prostitution . This fascinating investigation of one of the most controversial doctrines in philosophy is essential reading for students of Mill and political philosophy, and for those interested in the concept of liberty and its application. (shrink)

The simple principle of individual liberty evidently does identify particular rights as rights which ought to be recognised and enforced by the laws and customs of every civil society, namely, the rights of self-regarding liberty and individuality. If sex between consenting adults is purely self-regarding conduct under some conditions, for instance, then adults should have a right to spontaneously engage in sex under those conditions if they wish.

The simple principle of individual liberty evidently does identify particular rights as rights which ought to be recognised and enforced by the laws and customs of every civil society, namely, the rights of self-regarding liberty and individuality. If sex between consenting adults is purely self-regarding conduct under some conditions, for instance, then adults should have a right to spontaneously engage in sex under those conditions if they wish.

A Millian response is presented to Sen's celebrated Paretian liberal impossibility theorem. It is argued that Millian Paretian liberalism is possible, if the application of Paretian norms is restricted to the selection of an optimal code of liberal justice and rights, as well as to individual choices made in compliance with the rules of the code. Key steps in outlining the Millian response include suitably modifying Sen's social choice formulation of the idea of claim-right to personal liberty, and incorporating within (...) social choice theory the distinction between a right and its direction of exercise. The Millian response is illustrated in the context of Sen's original example of the ‘prude’ and the ‘lewd’. If the argument is successful, coherent and appealing liberal versions of Pareto-inclusive philosophies such as utilitarianism, contractualism and neo-republicanism are feasible in principle. (Published Online February 16 2006). (shrink)

This is a book about liberal democratic values and their implications for the design of political institutions. Its distinctive feature is the use of some simple mathematical techniques (known as social choice theory) to clarify and defend a rather complex utilitarian conception of the liberal democratic 'way of life' based on John Stuart Mill's work. More specifically, the text focuses on three well-known 'social choice paradoxes' which are commonly held to destroy any possibility of an ideal harmony among liberal democratic (...) values; and draws upon suggestions implicit in Mill's writings to develop an ethically appealing liberal democratic social choice framework in which the aforementioned paradoxes no longer cause concern. The revised framework is a rather complex version of utilitarianism and should be of special interest to welfare economists, social choice theorists, democratic political theorists and philosophers concerned with utilitarian ethics. (shrink)