Is there a conflict between Mill's principle of liberty and his utilitarianism? If so can it be resolved?

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Is there a conflict between Mill’s principle of liberty and his utilitarianism?  If so can it be resolved?

By Jaspal Juj.

Utilitarianism began life as an ethical principle under Jeremy Bentham who theorised that an action if right if it produces the greatest good for the greatest number of people. In its original form the argument had many flaws so John Stuart Mill decided to defend the principle of Utility against it’s critics by refining it’s ideas making them more practical in society. The liberty principle is concerned with question of

‘the nature and limits of the power which can be legitimately exercised by society over the individual’.

John Stuart Mills argues that we should reserve considerable powers to individual. The intention of the essay is to analyse and comment on whether there is or there is not conflict between John Stuart Mill’s principle of liberty and utilitarianism. The remainder of the essay will concentrate on whether or not any conflict can be resolved.

Mill is often considered to be somewhat of a champion of liberty based on the liberty principle, or as it is sometimes referred to, the harm principle. Mill establishes this liberty principle in his work “On Liberty”.  The principle states that, “The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others.  His own good, either physical or moral, is not a sufficient warrant.” There have been many criticisms of both Mill’s utilitarianism and liberty principle; the criticisms that will be scrutinised in this essay are those that argue that both the ideas are incompatible with the other. The problem arises from the fact that while the liberty principle seems to be one that focuses on man as a free and individual agent, utilitarianism is an idea based on happiness for the greatest number – i.e. that we should act as a collective and take into account the way our actions will affect others.  The issue is summarised neatly by Strasser who tells us that Mill’s critics “say that Mill is indeed a true defender of liberty although not on utilitarian grounds.  Or they say that he is a consistent utilitarian who is no great champion of personal liberty.”

There are two main points for which the liberty principle could be said to disagree with utilitarianism.  The first is that it does not take into account the lowering of the overall utility, which results from distress, caused by people’s actions offending other members of the community.  For this reasons it is important, when looking at the liberty principle, to understand the difference between self-regarding and other-regarding actions. Mill’s principle will allow interference in another person’s action provided that he or she is going to cause harm to others. For instance if I were to beat someone up, Mill would argue that it would be justified if others were to prevent me as I would be causing harm to others. There is very little dispute about our right to interfere with a person who is committing an other-regarding action. A self-regarding action, however, is one that will have no effect on other people. This could be something as simple as what colour shoes to wear right through to a person choosing to end their lives. Another example of a self-regarding action was if I were to decided that I would start causing harm to myself and not in the case of me beating up someone only I would be harmed, therefore according to Mill’s principle I should be left alone. As long as the action has no harmful effect on others Mill’s liberty principle states that no one is justified in interfering with another person’s actions.

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It is possible to dispute this distinction on the grounds that, as a utilitarian, Mill must take into account the distress caused to others by people’s self-regarding actions.  It is, after all, a very small number of acts that can truly be said to have no effect on others.  One of the most common examples used is that of the homophobic who is caused great distress simply by the idea that people may be engaging in homosexual practises.  It is not necessary for them to engage in homosexual acts in his presence, simply the thought that they are ...

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