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.

Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

Join with us - Behind the Seen

Seen & Unseen is free for everyone and is made possible through the generosity of our amazing community of supporters.

If you’re enjoying Seen & Unseen, would you consider making a gift towards our work?

Alongside other benefits (book discounts etc.), you’ll receive an extra fortnightly email from me sharing what I’m reading and my reflections on the ideas that are shaping our times.

Graham Tomlin

Editor-in-Chief