Explainer
Culture
Freedom
Liberalism
6 min read

On liberty’s limits: why Mill was wrong about freedom

This month, it’s 150 years since philosopher JS Mill died. His definition of freedom remains hugely influential. But is it still the right one for healthy relationships and contentment amid the isolation of modern life?

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

A copy of the Statue of Liberty, holding a stick of bread, stands outside a shop window displaying an 'Open 24 Hours' signs.
Photo by KC Welch on Unsplash.

You can tell what a society values by what it goes to war over. In the 17th century we fought our wars over religion. In the 19th it was empire. In the 20th and 21st, we fought our wars over freedom, either defending our own or trying to export our version of it to other parts of the world. We tend, of course, to assume we know what freedom is: the liberty to do what we like, as long as don’t harm other people. But we rarely know how time-conditioned and recent such a view of freedom is.  

John Stuart Mill, child prodigy, colonial administrator, Member of Parliament and philosopher, who died 150 years ago this year, is one of the primary architects of our contemporary ideas of freedom. In his own words, his book On Liberty, published in 1859, was an exploration of the ‘nature and limits of the power that can legitimately be exercised by society over the individual’. Mill famously argues that the only valid reason for interfering with another person’s liberty of action is to protect them from physical harm. It is never justifiable to interfere with another person’s freedom to ensure their happiness, wisdom or well-being, because that is to determine what that person’s well-being is. Freedom is defined as liberty of conscience, thought, feeling and opinion, as ‘liberty of tastes and pursuits … doing as we like … without impediment from our fellow creatures, so long as what we do does not harm them’. 

For Mill... individual liberty is vital, not just for the sake of the individual, but for the sake of human progress.

Mill is one of the great champions of nonconformity in thought and action. Even if just one person held a particular opinion while everyone else in the world held the opposite, there would be no justification in silencing that one voice. For Mill, one of the main ingredients of social progress is freedom from the traditions and customs imposed by others, both the past constraints of tradition, and the present ones of custom, which restrict the cultivation of individuality, which in turn ‘is one of the leading essentials of well-being’. Individual liberty is vital, not just for the sake of the individual, but for the sake of human progress. Without it there will be no originality or genius, no new discoveries or innovation. Civilisation cannot advance without individual freedom which encourages spontaneous expression, the development of new thoughts and ideas unconstrained by the patterns of the past.  

It is a powerful argument. On Liberty is full of the fear of Victorian conformity – the individualist’s reaction to a stifling society with a high degree of social control. It is very much a book of its time, assuming the cultural superiority of the modern age. It also breathes an elitism that looks down on the mediocrity of what it calls ‘average men’.  

But more than that, there is, I think, a deeper flaw in this way of thinking about freedom. If freedom is essentially my liberty to say or do what I like, as long as I don’t tread on the toes of my neighbour, then what does that do to my relationship with my neighbour? He or she becomes at best a limitation, or at worst a threat to my freedom. There may be all kinds of things I want to do – play music loud on a summer’s night, or drive my car at 100 mph on a quiet suburban road – but I can’t because I might disturb my neighbour’s peace or risk crashing into an oncoming bus. Or even worse, my neighbour might want to play her music too loud for me, or drive her car too fast in my direction, thus invading my personal space. This approach keeps the peace between us, but at the cost of making us see each other either as irritating limitations to our desires which of course define our self-chosen goals in life, or threats to our own precious autonomy. 

The German sociologist Hartmut Rosa argues that  

“the ethical imperative that guides modern subjects is not a particular or substantive definition of the good life, but the aspiration to acquire the resources necessary or helpful for leading one.”  

In other words, in the individualised world imagined by Mill, we are all left to dream our own dreams, choose our own ambitions, and are all caught up in the fight to get hold of the money, rights, friends, looks, health, and knowledge that will enable us to get to our self-chosen destination. It therefore makes us competitors with each other, not only seeing each other as rivals in this race for resources, but also as potential threats who might stand in the way of our freedom to pursue our dreams.  

There is however another, older view of freedom, rooted more in character and virtue than in individualised personal goals. This version, found in classical literature, sees liberty not as freedom from the limitations and social expectations that stop us following our self-chosen desires, but freedom from the passions. The Greeks viewed the soul as like a ship which should sail serenely towards the harbour of such virtues as prudence, courage and temperance. It was guided on this journey by paideia, or education in virtue, yet was at the same time buffeted by the winds of irrational and destructive impulses such as envy, anger or lust that threaten to blow it off course. For them, our passionate inner desires are not the sacrosanct moral guide to our true selves but are a distraction from the true path of virtue.  

True liberty is freedom from anything that would stop us becoming the person we were created to be.

This version was developed further by Christian thinkers such as St Paul, St Augustine and Thomas Aquinas. For them, true liberty is freedom from anything that would stop us becoming the person we were created to be: someone capable of love for what is not ourselves – for God and our neighbour. True liberty is freedom from internal urges such as the greed, laziness or pride that turn us in upon ourselves rather than outwards towards God and each other. It is also freedom from external forces such as the grinding poverty that dangles the temptation to steal in order to survive, or an economy that constantly tells us that if you don’t acquire as much stuff as your neighbour you are a failure. It is not so much freedom for ourselves, but freedom from ourselves: freedom from self-centred desires, or the crippling self-absorption that makes us think only of our own interests. It is freedom to create the kind of society where we are more concerned with our neighbours’ wellbeing than our own.  

In this view of freedom, my neighbour becomes not a limitation or a threat, but a gift – someone without whom I cannot become someone capable of the primary virtue of love. Putting it bluntly, if I am to become someone capable of other-centred love, I need someone to practice on.  

This Christian understanding of freedom offers a vision of society where you might begin to trust other people to look after your own needs, because they are looking out for yours. It is also a vision of freedom that delivers personal happiness better than the libertarian view. Becoming the kind of person who has learnt, as St Paul once put it, to ‘look not to your own interests, but to the interests of others’ is in fact a recipe for healthy relationships and contentment rather than the increasing isolation of much modern life.  

Mill may have had a point in the stifling conservatism of Victorian Britain, but in an age of increasing loneliness, isolation and anxiety, his view of freedom doesn’t help build good neighbourhoods, families or communities. We need a better version - one that brings us together, rather than drives us apart.

Interview
Culture
Education
Justice
S&U interviews
8 min read

How justice shaped a world of rights

Historian John Coffey talks about his contribution to a new book: Justice & Rights.

Nick is the senior editor of Seen & Unseen.

A statue of a woman holding a spear in one hand a lightening bolt in the others that reads: 'Droits de  l'homme'.
A French statute celebrating Human Rights.
DDP on Unsplash.

In our networked world old problems, and new ideas to solve them, flash across our minds and screens. It can be a hectic and dis-orientating feeling that occurs when we try to make sense of it all. Whether it's the global order changing or yet another injustice occurring. 

Seeking insights on all this means crossing boundaries, and that’s what over 160 scholars do by sharing with each other. The members of the Global Faculty Initiative (GFI), drawn from all faculties usual in great universities, integrate faith and scholarship through dialogues. They examine the themes of justice, order, flourishing and beauty - mixing subject matter expertise in everything from physics to public policy. 

The GFI has just published the results of one such dialogue in a book Justice and Rights. Among the contributors is Professor John Coffey. His work explores the history of religion and the big ideas like justice and rights. Recently he talked with GFI coordinator Bethan Willis, on its Justice podcast series. Here’s an extract of the discussion that looks at the ‘genealogy of rights.’    

 

Bethan Willis  So, shifting focus now to the question of rights, particularly. So, you talk in your Brief about the genealogy of rights, and in his Theology Brief, Nicholas Wolterstorff makes a case for placing rights at the centre of our understanding of justice, but that's obviously not an uncontested move. And some people would see a focus on rights as problematic, and part of the debate about the legitimacy or the value of rights can sometimes centre around the question of where rights actually come from. So which period in history, which philosophy and vision of human life and justice gives rise to this language. So can you tell us a little bit about that kind of trajectory that you've set out in your Brief , the different points at which people might identify rights as coming to the fore and why that happens and the various interests at play in these discussions of where rights come from?  

John Coffey   So it can be very confusing if you read the scholarship on this subject because if you listen to someone like Samuel Moyne, he will argue that the human rights revolution of the 1970s really invents human rights or maybe grudgingly the 1940s and the conservative statesmen who created the UN declaration of human rights in that period. Others, of course, would root it in the enlightenment. And I guess this is a classic answer. It's the enlightenment and the French Revolution with its Declaration of Rights of Man and Citizen, which is really at the heart of the story of rights. But then early modernists and medievalists pushback, they see natural rights language, the idea of individual subjective rights that one has simply on the basis of one's humanity. These are distinct from legal rights, but they're individual natural rights that they would see this concept emerging in the Middle Ages with canon lawyers and Juris and so on, and then being embraced by various 17th, 16th, 17th century groups up to Locke.  

And I think there are different things going on here. One, of course, is that there are turf wars between historians in different periods who want to draw attention to their period as being really seminal in various ways. People have talked about the revenge of the medievalists, the early modernists and the Renaissance specialists who made so much emphasis on this being a radical break from the dark mediaeval past that mediaevalists have always been keen to push back against that and to point to the mediaeval roots of a lot of modern concepts. But I think there's also more going on here. I think in some ways it's part of a bigger argument about political and to some extent economic liberalism as well, because rights language has been so important for liberals, whether they're talking about politics or talking about economics. So, you have an example of rival genealogies being used for political purposes, if you like, to both problematize and legitimize, right?  

BW  Your work is focused on the contributions that religious groups have made to politics and ideas. And you particularly reference the Levellers in the 17th century and the abolitionists at the turn of the 18th, 19th century. Can you tell us a bit about the contribution that Christians may have made to the development of rights and particularly to the rights of freedom of conscious thought and belief in particular?  

JC  Yeah, yeah. I think it's important to emphasize this because there's also been a long tradition of suspicion of rights language among Christians, especially in the wake of the Enlightenment and the French Revolution. I mean, this has obviously been true in the Catholic church in the 19th century where there was deep suspicion of liberalism and the individualism associated with it and rights language was regarded with a great deal of suspicion by many traditionalist Catholics. But it's also true in Protestant circles as well, among some high Anglicans. But you could see it in the Dutch Calvinist tradition, they founded an anti-revolutionary party after the French Revolution, which is very critical of the political language which emerges from that event. So, it's interesting to see how historians and intellectual historians in recent decades have recovered what you might call the theological origins of rights talk. And that's true of people like Brian Tierney writing about the mediaeval era and showing the kind of seminal influence of various mediaeval theorists of natural law, but also natural rights.  

And certainly, when you get to the period I'm most familiar with from the 17th century onwards, groups like the Levellers are not just talking about native rights or legal rights that they have as Freeborn Englishmen. They're also talking about universal natural human rights that individuals have on the basis of their humanity. And it's in that period in the 17th century that people begin really for the first time to talk about freedom of religion as a natural right. I mean, you don't see that in the Middle Ages. It's a development that emerges within particularly radical Protestantism in the 17th century. Though interestingly, it's also tied to the idea of duties. So because we have a duty to worship God according to our conscience, consciences must be left free and the individual must have a natural right to worship God according to their conscience, because otherwise they wouldn't be able to please God if they just follow the dictates of the state or the state church that they wouldn't be able to worship in a way that's pleasing to God. So, it is interesting the way the argument works. It's theistic grounded in a sense, but it applies not just to Christians, it applies to other kinds of religious worship, to Jews, to Muslims, to heathens and so on. 

And you can see more widely a theological grounding for rights in figures like Locke. And that's encapsulated, obviously famously in the Declaration of Independence, Thomas Jefferson drafted in 1776, that ‘all men are created equal and endowed by their creator with certain inalienable rights’. So, this idea that we have certain rights that we cannot transfer over to the state, that we can alienate them over to the state, they're inalienable, and we have a solemn responsibility before God to protect them. So yeah, I mean, it's certainly by the 18th century, this rights language is absolutely flourishing within Protestant circles, and you can see it being taken up quite significantly in the abolitionist movement in the 1780s, though people are also shying away from it in the 1790s because of the French Revolution and Tom Payne's rights of man and so on. But if you read 19th century American religious abolitionists, people like Frederick Douglas or William Lloyd Garrison or others, they're using the language of natural rights, pretty insistently.  

BC  And it's often to articulate the kind of victim's perspective, isn't it, to defend the weak against the mighty and to say there's a bigger kind of justice that is beyond the state or the law. Is that right? Can you tell us a bit about how that works?  

JC  Yeah, no, I think that's absolutely right, and it's one reason why we should be wary about just tossing, tossing rights language out as some kind of secular poisoning of the, well, a, it does have some deep roots in Christian thought, but it also, rights language is also designed as one of the weapons of the weak, if you like. It's a way to defend those whose claims are often ignored and to assert their human dignity. So, it's why it gets taken up so much by religious minorities, by those who are pushing for widening the vote and suffrage maybe to all men, maybe eventually to women. The anti-slavery movement is using it, and of course, by the 20th century, the Civil Rights movement.  

BC  But as you said, Wilberforce himself doesn't really use this language much, partly because the arenas he's speaking in and partly because of these associations with the French Revolution. Is that right?  

JC  Yeah, and if you look in the 1790s, it's interesting because it's from that period really the language of left and right starts to emerge, and those on the right are very much concerned about law and order. They look across at France and they see disorder and the guillotine and regicide and Civil War and the exile of Catholic priests and so on, and it's extremely alarming for them. So, the emphasis very much shown law and order, and they become extremely alarmed by the way that rights language has been used to undermine order. So, it's classically articulated at that divide between Edmund Burke on the one side and Tom Payne on the other. What's interesting in the British context, is you'll find sort of devout Protestant Christians on both sides of that. So, Wilberforce would be very much on Burke's side in this argument, but the founder of the London corresponding society in the 1790s, a man called Thomas Hardy, he's actually a devout Scottish Calvinist, and he's absolutely on board with this rights language. And so different religious groups will be divided over this. 

 

Follow the rest of John and Bethan's conversation on the GFI podcast.

Global Faculty Initiative resources

Justice & Rights is published by  Langham Publishing. See the link below to order.

The Justice series on the GFI Podcast features six episodes. Listen on Spotify.

Explore the GFI matrix of academic subjects and themes