How sexuality should be regulated in a liberal political community is an important, controversial theoretical and empirical question—as shown by the recent criminalization of possession of some adult pornography in the United Kingdom. Supporters of criminalization argue that Mill, often considered a staunch opponent of censorship, would support prohibition due to his feminist commitments. I argue that this account underestimates the strengths of the Millian account of private conduct and free expression, and the consistency of Millian anticensorship with feminist values. (...) A Millian contextual defense of liberty, however, suggests several other policy approaches to addressing the harms of pornography. (shrink)

I defend the idea that a liberal commitment to value neutrality is best honoured by maintaining a pure cardinality component in our rankings of opportunity or liberty sets. I consider two challenges to this idea. The first holds that cardinality rankings are unnecessary for neutrality, because what is valuable about a set of liberties from a liberal point of view is not its size but rather its variety. The second holds that pure cardinality metrics are insufficient for neutrality, because liberties (...) cannot be individuated into countable entities without presupposing some relevantly partisan evaluative perspective. I argue that a clear understanding of the liberal basis for valuing liberty shows the way to satisfying responses to both challenges. (shrink)

A leading classical utilitarian, John Stuart Mill is an unlikely contributor to the public reason tradition in political philosophy. To hold that social rules or political institutions are justified by their contribution to overall happiness is to deny that they are justified by their being the object of consensus or convergence among all those holding qualified moral or political viewpoints. In this chapter, I explore the surprising ways in which Mill nevertheless works to accommodate the problems and insights of the (...) public reason tradition, and the extent to which he makes arguments that can help those working within that tradition. Mill’s utilitarian theory incorporates the claim that the demands of social life require a publicly accepted set of normative expectations to govern judgments about when one has met one’s obligations and, relatedly, about the appropriateness of blame or punishment. (shrink)

Mill’s harm principle is commonly supposed to rest on a distinction between self-regarding conduct, which is not liable to interference, and other-regarding conduct, which is. As critics have noted, this distinction is difficult to draw. Furthermore, some of Mill’s own applications of the principle, such as his forbidding of slavery contracts, do not appear to fit with it. This article proposes that the self-regarding/other-regarding distinction is not in fact fundamental to Mill’s harm principle. The sphere of protected liberty includes not (...) only self-regarding conduct, but also actions that affect only consenting others. On the other hand, the occasional permissibility of interfering with self-regarding conduct can plausibly be explained by reference to the agent’s consent. Thus, the more important distinction appears to be that between consensual and non-consensual harm, rather than that between the self-regarding and non-self-regarding action. That is, interference can be justified in order to prevent non-consensual harms, but not to prevent consensual harms. It is argued that the harm principle, thus reformulated, both captures Mill’s intentions and is a substantively plausible position. (shrink)

This paper revisits John Stuart Mill’s famous proposal for plural voting, according to which universal suffrage is conjoined with the possibility for some to claim and utilise multiple votes if they meet a particular set of qualifications. We observe the proposal in the light of Mill’s own historical context, but we also evaluate it with respect to the changing social and political conditions that ensued. Surely, the proposal faces criticisms in both contexts taken separately, but some of the previously prominent (...) objections retain their force, while others recede in contemporary circumstances. Accordingly, for instance, the paper recognises the force of the objection that the educated experts who are to hold multiple votes are difficult to identify with the ideal of quality decision-making and the common good in mind, but rejects dated assumptions such as that of the overwhelming strength of class bias or the predominantly class-based motivations for social grouping. Most importantly, although the paper ultimately rejects Mill’s plural voting proposal, it supports his attempt to incorporate experts into quality democratic decision-making, and investigates the practical forms of their inclusion. First, we outline the plural voting proposal in the context in which it initially arose. Second, we introduce the first objections to plural voting according to which such a mechanism undermines the educative role that Mill sets for democracy. Third, we discuss the problem of who the handlers of multiple votes – the “educated” – are supposed to be, their class background, the expertise required, and the strength of underlying class biases. Fourth, we look at the different stages of the political decision-making process, in search of possible remedies for the problems brought about by plural voting. Fifth, we assess some of the assumptions underlying Mill’s proposal in light of contemporary society. In summary, we argue for the rejection of the plural voting scheme, but we discuss alternative ways of including experts in the decision-making process. (shrink)