‘Liberty’, as a word, is thrown about contemporary society as casually as a ball is on a summer’s day, and yet, does anyone have a grasp on what it is? If it is freedom from limitation, then liberty must represent nothing less than consciousness without restraint. But though this straightforward definition implies its acquisition to be equally straightforward, the full spectrum of liberty would certainly prove to be one of the most elusive concepts imaginable. As a result, what we have, (...) and what we throw about so indifferently, is a Substitute - a poor kind of replica of the real thing. True liberty - Omniversal liberty - is much less tangible however, and represents the equilibrium that occurs when anything is possible, but where the capacity to ever allow one possibility to dominate over another becomes impossible to maintain. (shrink)

Hailed as the most influential book ever written in favor of freedom, John Stuart Mill’s On Liberty is a contradictory and imprecise work. Mill’s notion of liberty coexists with anti-liberal ideas. He defended the private property of capitalists, but not of landowners. He criticized protectionism, but made an exception for infant industries. He defended competition, but set limits on it. He criticized general public education, but allowed the State to force citizens to study. He defended women and men’s freedom, but (...) not the freedom to choose the number of children they wanted to have, or decide about their education, or bequeath goods to them. He said parting from laissez faire was bad unless it produced some good. This admired friend of liberty could not find the logic in family, marriage, religion, tradition, morality, custom; he saw them only as repressive obstacles to freedom. A book supposedly upholding liberty ignores or disdains natural or pre-legal rights, and directs the bulk of its criticism not against the legal or political power of the State but against the tyranny of public opinion. (shrink)

The issue of mandatory cycle helmets is highly contentious. The aim of this paper is not to argue for or against legislation but to suggest criteria on which the debate should focus. This is done by attempting to answer the question: 'What criteria must be met before cycle helmet wearing is enforced?' Consideration is given to principles, precedents and consequences and four criteria are suggested. The criteria are to do with effectiveness, personal liberty, public acceptability and the promotion of the (...) public health benefits of cycling. (shrink)

The Racial and Religious Hatred Act 2006 represents a significant development in UK law. It extends the offence of incitement to racial hatred set out in the Public Order Act 1986 to make it also an offence to stir up hatred against persons on religious grounds. As the most celebrated liberal thinker of the nineteenth century, J.S. Mill might be expected to offer some lessons about the possible dangers of this sort of legislation. A Millian response to the 2006 Act (...) is developed here by first applying Mill’s famous defence of free speech to the Lords amendments to the Racial and Religious Hatred Bill 2005 and then by looking at potential cases in which even freedom of expression loses its immunity when this is necessary to prevent harm to others. Three versions of the harm‐prevention justification for liberty‐limiting restrictions are assessed and it is argued that the most promising version is the claim that it may be permissible to punish incitement to racial and religious hatred not so much because it is itself a kind of harm but by virtue of the acts of discrimination, violence and injustice that are more likely to occur within a climate of hatred. Ultimately, however, this rationale must be weighed against what is, for Mill, the special value of free speech and may in the end justify intervention in only the most acute cases. (shrink)

There is a dominant perception of liberty among most contemporary liberals. It is one close to empiricism’s portrayal of freedom as a natural right of every person to advance her interests. According to this view, there are no demanding conditions under which people can be regarded as free agents but their unfettered behaviour from external inhibitions. It is widely thought that Mill’s liberalism does not deviate considerably from this tradition. The present text suggests a different reading of the gist of (...) Mill’s political rationale. Highlighting the positive – in Berlin’s sense – aspects of his politically demanding concept of liberty which successfully combines facets of different traditions serves the purpose to stress the alternative features of his approach. Underlining the active political intervention Mill is instructing by implicating the state to preserve the essence of freedom and induce it in society, manifests how his position diverges from that of mainstream neutralist liberals. (shrink)