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
AI
Culture
Generosity
Psychology
Virtues
5 min read

AI will never codify the unruly instructions that make us human

The many exceptions to the rules are what make us human.
A desperate man wearing 18th century clothes holds candlesticks
Jean Valjean and the candlesticks, in Les Misérables.

On average, students with surnames beginning in the letters A-E get higher grades than those who come later in the alphabet. Good looking people get more favourable divorce settlements through the courts, and higher payouts for damages. Tall people are more likely to get promoted than their shorter colleagues, and judges give out harsher sentences just before lunch. It is clear that human judgement is problematically biased – sometimes with significant consequences. 

But imagine you were on the receiving end of such treatment, and wanted to appeal your overly harsh sentence, your unfair court settlement or your punitive essay grade: is Artificial Intelligence the answer? Is AI intelligent enough to review the evidence, consider the rules, ignore human vagaries, and issue an impartial, more sophisticated outcome?  

In many cases, the short answer is yes. Conveniently, AI can review 50 CVs, conduct 50 “chatbot” style interviews, and identify which candidates best fit the criteria for promotion. But is the short and convenient answer always what we want? In their recent publication, As If Human: Ethics and Artificial Intelligence, Nigel Shadbolt and Roger Hampson discuss research which shows that, if wrongly condemned to be shot by a military court but given one last appeal, most people would prefer to appeal in person to a human judge than have the facts of their case reviewed by an AI computer. Likewise, terminally ill patients indicate a preference for doctor’s opinions over computer calculations on when to withdraw life sustaining treatment, even though a computer has a higher predictive power to judge when someone’s life might be coming to an end. This preference may seem counterintuitive, but apparently the cold impartiality—and at times, the impenetrability—of machine logic might work for promotions, but fails to satisfy the desire for human dignity when it comes to matters of life and death.  

In addition, Shadbolt and Hampson make the point that AI is actually much less intelligent than many of us tend to think. An AI machine can be instructed to apply certain rules to decision making and can apply those rules even in quite complex situations, but the determination of those rules can only happen in one of two ways: either the rules must be invented or predetermined by whoever programmes the machine, or the rules must be observable to a “Large Language Model” AI when it scrapes the internet to observe common and typical aspects of human behaviour.  

The former option, deciding the rules in advance, is by no means straightforward. Humans abide by a complex web of intersecting ethical codes, often slipping seamlessly between utilitarianism (what achieves the most amount of good for the most amount of people?) virtue ethics (what makes me a good person?) and theological or deontological ideas (what does God or wider society expect me to do?) This complexity, as Shadbolt and Hampson observe, means that: 

“Contemporary intellectual discourse has not even the beginnings of an agreed universal basis for notions of good and evil, or right and wrong.”  

The solution might be option two – to ask AI to do a data scrape of human behaviour and use its superior processing power to determine if there actually is some sort of universal basis to our ethical codes, perhaps one that humanity hasn’t noticed yet. For example, you might instruct a large language model AI to find 1,000,000 instances of a particular pro-social act, such as generous giving, and from that to determine a universal set of rules for what counts as generosity. This is an experiment that has not yet been done, probably because it is unlikely to yield satisfactory results. After all, what is real generosity? Isn’t the truly generous person one who makes a generous gesture even when it is not socially appropriate to do so? The rule of real generosity is that it breaks the rules.  

Generosity is not the only human virtue which defies being codified – mercy falls at exactly the same hurdle. AI can never learn to be merciful, because showing mercy involves breaking a rule without having a different rule or sufficient cause to tell it to do so. Stealing is wrong, this is a rule we almost all learn from childhood. But in the famous opening to Les Misérables, Jean Valjean, a destitute convict, steals some silverware from Bishop Myriel who has provided him with hospitality. Valjean is soon caught by the police and faces a lifetime of imprisonment and forced labour for his crime. Yet the Bishop shows him mercy, falsely informing the police that the silverware was a gift and even adding two further candlesticks to the swag. Stealing is, objectively, still wrong, but the rule is temporarily suspended, or superseded, by the bishop’s wholly unruly act of mercy.   

Teaching his followers one day, Jesus stunned the crowd with a catalogue of unruly instructions. He said, “Give to everyone who asks of you,” and “Love your enemies” and “Do good to those who hate you.” The Gospel writers record that the crowd were amazed, astonished, even panicked! These were rules that challenged many assumptions about the “right” way to live – many of the social and religious “rules” of the day. And Jesus modelled this unruly way of life too – actively healing people on the designated day of rest, dining with social outcasts and having contact with those who had “unclean” illnesses such as leprosy. Overall, the message of Jesus was loud and clear, people matter more than rules.  

AI will never understand this, because to an AI people don’t actually exist, only rules exist. Rules can be programmed in manually or extracted from a data scrape, and one rule can be superseded by another rule, but beyond that a rule can never just be illogically or irrationally broken by a machine. Put more simply, AI can show us in a simplistic way what fairness ought to look like and can protect a judge from being punitive just because they are a bit hungry. There are many positive applications to the use of AI in overcoming humanity’s unconscious and illogical biases. But at the end of the day, only a human can look Jean Valjean in the eye and say, “Here, take these candlesticks too.”   

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