From On Liberty

by John Stuart Mill.

This reading is from a famous essay On Liberty written in 1859 by the English philosopher John Stuart Mill (1806-1873), which has become another classic expression of modern Western individualism. By Mill's time, Locke=s ideas on limited government had come to be more or less taken for granted; they served as the foundation for the US Constitution and a great deal of US Constitutional interpretation.

Mill is now worried about something else. His main concern is not oppression by the government, but oppression by his fellow-citizens, the "tyranny of the majority@. (Mill=s long and close friendship with a married woman had brought down considerable social disapproval on him personally.) This brings him to assert what has become a cornerstone of popular thought about politics and morality today: So long as a person=s actions do not harm others, what that person does with his/her private life is of no concern to others. This principle applies not only to governmental action, but to social pressure in general.

Mill=s essay is also important in articulating a new basis for individual freedom: The reason why people should "live and let live@ is not just that people are by nature free (as Hobbes and Locke had asserted). Mill gives individual freedom a more positive basis: People must be free of social pressure because the highest human achievement is to fulfill one's own individuality, one=s own "individual genius@. Mill conceives of this in a somewhat "elitist@ fashion (by today=s standards): Although everyone potentially has individual genius, the vast majority of people are too lazy to try to actualize it, and prefer to simply take custom ("what everybody else does@) as their guide. To one who tries to fulfill his/her own individuality, social pressure will inevitably be felt as an obstacle, a force for mindless conformity and mediocrity that one must strive against. In Mill=s mind, this person is striving for a higher ideal than the normal, and deserves to be defended against "the tyranny of the majority@. (Although many today would object to Mill=s elitist disparaging of the "mediocrity of the masses@, one could say that what has happened is not a repudiation of Mill=s ideas, but their more complete democratization. The sense of being an individual oppressed by "society=s demands@ has become a major element in popular culture today, shared by large masses of people.)

Mill has a strong sense of the inevitable opposition between social custom and the aims of the idealistic individual. He is completely unconcerned that individuals asserting their uniqueness might undermine the social fabric that serves as a moral framework for the majority of people. He is totally concerned about the damage that the majority will inflict on the unique individual. This presents a strong contrast with the Confucian attitude: Idealistic individuals must live by higher standards than the majority, and be ready to risk social ostracism in order to do this. On the other hand, the Confucian concern for the non-Confucian majority led to an emphasis on supporting, rather than undermining, the "conventional morality@ that served the majority as framework for meaning.

 

From Chapter 1. Introductory.

The subject of this essay is... civil, or social liberty...the nature and limits of power which can be legitimately exercised by society over the individual...

 

The origin of "human rights@

The struggle between liberty and authority is the most conspicuous feature in the portions of history with which we are earliest familiar, particularly in that of Greece, Rome, and England. But in old times this contest was between subjects, or some classes of subjects, and the government. By liberty was meant protection against the tyranny of the political rulers. The rulers were conceived... as in a necessarily antagonistic position to the people whom they ruled. They consisted of a governing One, or a governing tribe or caste, who derived their authority from inheritance or conquest... The aim, therefore, of patriots was to set limits to the power which the ruler should be suffered to exercise over the community; and this limitation was what they meant by liberty... So long as mankind were content to combat one enemy by another, and to be ruled by a master on condition of being guaranteed more or less efficaciously against his tyranny, they did not carry their aspirations beyond this point.

 

Electoral Democracy.

A time, however, came, in the progress of human affairs, when men ceased to think it a necessity of nature that their governors should be an independent power opposed in interest to themselves. It appeared to them much better that the various magistrates of the state should be their tenants or delegates, revocable at their pleasure. In that way alone, it seemed, could they have complete security that the powers of government would never be abused to their disadvantage... What was now wanted was that the rulers should be identified with the people, and that their interest and will should be the interest and will of the nation. The nation did not need to be protected against its own will. There was no fear of its tyrannizing over itself. Let the rulers be effectually responsible to it, promptly removable by it, and it could afford to trust them with power of which it could itself dictate the use to be made.

 

The need of extraordinary individuals for protection against the pressure of "public opinion,@ and "the tyranny of the majority@.

The notion that the people have no need to limit their power over themselves might seem axiomatic, when popular government was a thing only dreamed about... In time, however, a democratic republic [i.e. the U.S.A.]... made itself felt as one of the most powerful members of the community of nations; and elective and responsible government became subject to the observations and criticisms which wait upon a great existing fact. It was now perceived that such phrases as "self-government," and "the power of the people over themselves," do not express the true state of the case. The "people" who exercise the power are not always the same people with those over whom it is exercised; and the "self-government" spoken of is not the government of each by himself, but of each by all the rest.

The will of the people, moreover, practically means the will of the most numerous or the most active part of the people -- the majority, or those who succeed in making themselves accepted as the majority; the people, consequently, may desire to oppress a part of their number, and precautions are as much needed against this as against any other abuse of power. The limitation, therefore, of the power of government over individuals loses none of its importance when the holders of power are regularly accountable to the community, that is, to the strongest party therein.... In political speculations "the tyranny of the majority" is now generally included among the evils against which society requires to be on its guard...

Society can and does execute its own mandates; and if it issues wrong mandates instead of right, or any mandates at all in things with which it ought not to meddle, it practices a social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself. Protection, therefore, against the tyranny of the magistrate is not enough; there needs protection also against the tyranny of the prevailing opinion and feeling, against the tendency of society to impose, by other means than civil penalties, its own ideas and practices as rules of conduct on those who dissent from them; to fetter the development and, if possible, prevent the formation of any individuality not in harmony with its ways, and compel all characters to fashion themselves upon the model of its own.

There is a limit to the legitimate interference of collective opinion with individual independence; and to find that limit, and maintain it against encroachment, is as indispensable to a good condition of human affairs as protection against political despotism...

Some rules of conduct... might be imposed by law.. [or] by opinion... What these rules should be is the principal question in human affairs; but... no two ages, and scarcely any two countries, have decided it alike... Yet the people of any given age and country no more suspect any difficulty in it than if it were a subject on which mankind had always been agreed. The rules which obtain among themselves appear to them self-evident and self-justifying... The effect of custom, in preventing any misgiving respecting the rules of conduct which mankind impose on one another, is all the more complete because the subject is one on which it is not generally considered necessary that reasons should be given, either by one person to others or by each to himself. People are accustomed to believe... that their feelings on subjects of this nature are better than reasons and render reasons unnecessary... To an ordinary man..., his own preference... is not only a perfectly satisfactory reason but the only one he generally has for any of his notions of morality, taste, or propriety, which are not expressly written in his religious creed, and his chief guide in the interpretation even of that.

The likings and dislikings of society, or of some powerful portion of it, are thus the main thing which has practically determined the rules laid down for general observance under the penalties of law or opinion...

 

Mill=s "First Principle@ of political theory.

The object of this essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties or the moral coercion of public opinion. That principle is that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number is self-protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant. He cannot rightfully be compelled to do or forbear because it will be better for him to do so, because it will make him happier, because, in the opinions of others, to do so would be wise or even right. These are good reasons for remonstrating with him, or reasoning with him, or persuading him, or entreating him, but not for compelling him or visiting him with any evil in case he do otherwise. To justify that, the conduct from which it is desired to deter him must be calculated to produce evil to someone else. The only part of the conduct of anyone for which he is amenable to society is that which concerns others. In the part which merely concerns himself, his independence is, of right, absolute...

 

From Chapter 3. Of Individuality.

The evil is that individual spontaneity is hardly recognized by the common modes of thinking as having any intrinsic worth, or deserving any regard on its own account. The majority, being satisfied with the ways of mankind as they now are (for it is they who make them what they are), cannot comprehend why those ways should not be good enough for everybody; and what is more, spontaneity forms no part of the ideal of the majority of moral and social reformers...

To a certain extent it is [generally] admitted that our understanding should be our own; but there is not the same willingness to admit that our desires and impulses should be our own likewise, or that to possess impulses of our own, and of any strength, is anything but a peril and a snare. Yet desires and impulses are as much a part of a perfect human being as beliefs and restraints... Strong impulses are but another name for energy. Energy may be turned to bad uses; but more good may always be made of an energetic nature than of an indolent and impassive one. Those who have most natural feeling are always those whose cultivated feelings may be made the strongest... A person whose desires and impulses are his own -- are the expression of his own nature, as it has been developed and modified by his own culture -- is said to have a character. One whose desires and impulses are not his own has no character, no more than a steam engine has a character...

In our times, from the highest class of society down to the lowest, everyone lives as under the eye of a hostile and dreaded censorship.

Not only in what concerns others, but in what concerns only themselves, the individual or the family do not ask themselves, what do I prefer? or, what would suit my character and disposition? or, what would allow the best and highest in me to have fair play and enable it to grow and thrive? They ask themselves, what is suitable to my position? what is usually done by persons of my station and pecuniary circumstances? or (worse still) what is usually done by persons of a station and circumstances superior to mine? I do not mean that they choose what is customary in preference to what suits their own inclination. It does not occur to them to have any inclination except for what is customary...

Peculiarity of taste, eccentricity of conduct are shunned equally with crimes, until by dint of not following their own nature they have no nature to follow: their human capacities are withered and starved; they become incapable of any strong wishes or native pleasures, and are generally without either opinions or feelings of home growth, or properly their own. Now is this, or is it not, the desirable condition of human nature?...

It is not by wearing down into uniformity all that is individual in themselves, but by cultivating it and calling it forth, within the limits imposed by the rights and interests of others, that human beings become a noble and beautiful object of contemplation...

It is necessary further to show that these developed human beings are of some use to the undeveloped -- to point out to those who do not desire liberty, and would not avail themselves of it, that they may be in some intelligible manner rewarded for allowing other people to make use of it without hindrance.

In the first place, then, I would suggest that they might possibly learn something from them. It will not be denied by anybody that originality is a valuable element in human affairs. There is always need of persons not only to discover new truths and point out when what were once truths art true no longer, but also to commence new practices and set the example of more enlightened conduct and better taste and sense in human life...

It is true that this benefit is not capable of being rendered by everybody alike; there are but few persons, in comparison with the whole of mankind, whose experiments, if adopted by others, would be likely to be any improvement on established practice. But these few are the salt of the earth; without them, human life would become a stagnant pool.

Not only is it they who introduce good things which did not before exist; it is they who keep the life in those which already exist...

Persons of genius, it is true, are, and are always likely to be, a small minority; but in order to have them, it is necessary to preserve the soil in which they grow. Genius can only breathe freely in an atmosphere of freedom. Persons of genius are... more individual than any other people -- less capable, consequently, of fitting themselves, without hurtful compression, into any of the small number of molds which society provides in order to save its members the trouble of forming their own character. If from timidity they consent to be forced into one of these molds, and to let all that part of themselves which cannot expand under the pressure remain unexpanded, society will be little the better for their genius. If they are of a strong character and break their fetters, they become a mark for the society which has not succeeded in reducing them to commonplace, to point out with solemn warning as "wild," "erratic," and the like-much as if one should complain of the Niagara river for not flowing smoothly between its banks like a Dutch canal.

I insist thus emphatically on the importance of genius... being well aware that... almost everyone, in reality, is totally indifferent to it. .. Originality is the one thing which unoriginal minds cannot feel the use of. They cannot see what it is to do for them: how should they? If they could see what it would do for them, it would not be originality. The first service which originality has to render them is that of opening their eyes: which being once fully done, they would have a chance of being themselves original...

 

China as the epitome of a "dead" society due to rigid conformity

The greater part of the world has, properly speaking, no history, because the despotism of Custom is complete. This is the case over the whole East. Custom is there, in all things, the final appeal; justice and right mean conformity to custom; the argument of custom no one, unless some tyrant intoxicated with power, thinks of resisting. And we see the result. Those nations must once have had originality; they did not start out of the ground populous, lettered, and versed in many of the arts of life; they made themselves all this, and were then the greatest and most powerful nations of the world. What are they now? The subjects or dependents of [non-Chinese, Ch'ing-Dynasty Manchu] tribes whose forefathers wandered in the forests when theirs had magnificent palaces and gorgeous temples, but over whom custom exercised only a divided rule with liberty and progress. A people, it appears, may be progressive for a certain length of time, and then stop: when does it stop? When it ceases to possess individuality.

We have a warning example in China, a nation of much talent and, in some respects, even wisdom, owing to the rare good fortune of having been provided at an early period with a particularly good set of customs, the work, in some measure, of men [i.e. Confucians] to whom even the most enlightened European must accord, under certain limitations, the title of sages and philosophers. They are remarkable, too, in the excellence of their apparatus for impressing, as far as possible, the best wisdom they possess upon every mind in the community, and securing that those who have appropriated most of it shall occupy the posts of honor and power. Surely the people who did this have discovered the secret of human progressiveness and must have kept themselves steadily at the head of the movement of the world. On the contrary, they have become stationary -- have remained so for thousands of years; and if they are ever to be further improved, it must be by foreigners.  [This last sentence is a rather ominous statement in the light of attempts by European nations to colonize China in Mill's day. When Europeans did try to justify this morally, they often did so in the name of exactly the view that Mill expresses here: "Stagnant" nations which do not recognize the universal value of European-style progress, must be taken over and "improved" by wiser Europeans. Just 19 years before Mill’s essay, in 1840, the British military had forced the Chinese government to allow the importation of opium into China, in order to offset growing trade imbalances due to English desire for Chinese tea. ML]

They have succeeded beyond all hope in what English philanthropists are so industriously working at -- in making a people all alike, all governing their thoughts and conduct by the same maxims and rules; and these are the fruits. The modern regime of public opinion is, in an unorganized form, what the Chinese educational and political systems are in an organized; and unless individuality shall be able successfully to assert itself against this yoke, Europe, notwithstanding its noble antecedents and its professed Christianity, will tend to become another China.

What is it that has hitherto preserved Europe from this lot? What has made the European family of nations an improving, instead of a stationary, portion of mankind? Not any superior excellence in them, which, when it exists, exists as the effect, not as the cause, but their remarkable diversity of character and culture. Individuals, classes, nations have been extremely unlike one another: they have struck out a great variety of paths, each leading to something valuable; and although at every period those who traveled in different paths have been intolerant of one another, and each would have thought it an excellent thing if all the rest could have been compelled to travel his road, their attempts to thwart each other's development have rarely had any permanent success, and each has in time endured to receive the good which the others have offered. Europe is, in my judgment, wholly indebted to this plurality of paths for its progressive and many-sided development.

But it already begins to possess this benefit in a considerably less degree. It is decidedly advancing toward the Chinese ideal of making all people alike...