This month, Toby Buckle, host of the Political Philosophy Podcast, returns to talk about John Stuart Mill’s liberty principle! (Also sometimes called the ‘harm principle’.) Click here to download episode 138 of Elucidations.
The occasion for the episode is the recent release of Toby’s cool new book, What is Freedom?, which is out now from Oxford University Press. Get it while it’s hot!
John Stuart Mill is probably one of the most influential intellectuals of the 19th century, having penned treatises on markets, logic, feminism, utilitarianism, and freedom of speech that people continue to pick up and read today. In this episode, we talk about how he had one foot in the free market-oriented tradition of liberalism and another in the more social justice-oriented type of liberalism, how he was raised under the world’s most ambitious parenting/education regime, and how he had a lifelong collaboration with Harriet Taylor. We also introduce what gets called his ‘liberty princple’.
The idea behind the liberty principle is that we want as much freedom for each person as possible: they should have the ability to set their own agenda and carry it out. But we also need to limit it somewhat, because if everyone was completely unconstrained in how they set their agenda and carried it out, they’d interfere with each other. We’d have one person’s freedom detracting from other people’s freedom. So in order to achieve the perfect equilibrium we want, the thing to do is aim for sort of a greatest lower bound: every person should be allowed to do whatever they want for whatever reason they want, only stopping shy once they reach the point where doing whatever they want would harm another person. It might seem like an obvious principle to us now, but arguably that’s because we’re all living in the shadow of Mill!
Part of the background context for this principle is a worry about paternalism. There’s a natural tendency for Person A to prevent Person B from doing what they want because Person A thinks it’s obvious that what Person B wants to do right now is harmful to them. The liberty principle tells us that that’s not a good reason to have laws prohibiting some course of action. We should only have a law prohibiting some course of action if allowing that course of action would interfere with other people’s freedom. That way, Mill argued, we keep the decision about whether to pass a law prohibiting something grounded in empirical facts about what would actually happen if it were passed. He also wanted to emphasize that each person has the right to be their own arbiter of what kinds of risk they will assume.
I hope you enjoy our discussion! It was a fun one.
If you’d like to hear more along the lines of what Toby and I discuss in this episode, you can do no better than to take a look at Mill’s exquisite On Liberty, which you can get for free here:
And if you missed the link up at the top, definitely check out Toby’s edited volume, which gathers together a number of the interviews from his own podcast. The overarching theme is what freedom is and what it can be.