John Stuart Mill’s defense of free discussion in On Liberty includes the claim that silencing discussion implies an “assumption of infallibility.” This claim is often dismissed as absurd on the ground that a censor might attempt to silence an opinion he believes to be true but pernicious, or because rational assurance short of infallibility is obviously sufficient to justify censorship. This paper argues that Mill is concerned about the epistemic position one assumes with regard to future persons and circumstances as (...) a result of attempting to settle some matter irremediably. The irrationality of this "assumption" sets an important authority-limiting constraint on both social authority and individuals in matters that otherwise would fall under their rightful control. For individuals, in particular, it explains Mill's restriction on selling oneself into irrevocable slavery. (shrink)

Since it appeared in 1971, John Rawls's A Theory of Justice has become a classic. The author has now revised the original edition to clear up a number of difficulties he and others have found in the original book. Rawls aims to express an essential part of the common core of the democratic tradition--justice as fairness--and to provide an alternative to utilitarianism, which had dominated the Anglo-Saxon tradition of political thought since the nineteenth century. Rawls substitutes the ideal of the (...) social contract as a more satisfactory account of the basic rights and liberties of citizens as free and equal persons. "Each person," writes Rawls, "possesses an inviolability founded on justice that even the welfare of society as a whole cannot override." Advancing the ideas of Rousseau, Kant, Emerson, and Lincoln, Rawls's theory is as powerful today as it was when first published. (shrink)

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Piers Norris Turner’s recent interpretation of John Stuart Mill’s philosophy transforms Mill into an illiberal utilitarian, against the textual evidence. Mill rejects Turner’s standard utilitarian, or “expansive,” conception of harm, according to which mere displeasure or distress counts as nonconsensual harm. Moreover, Mill is not a radical antipaternalist. He says that society may legitimately consider the individual’s own good as a reason for interference with other-regarding actions that inflict nonconsensual harm on others. But there are no reasons, paternalistic or otherwise, (...) for interference with self-regarding actions that may be displeasing to others without causing them any nonconsensual harm. (shrink)

The expression "the marketplace of ideas" is often used in reference to Mill's views on freedom of thought and speech in On Liberty, but the metaphor does not come from Mill's work, nor is it consistent with his position. A real marketplace of ideas would create what Mill warns us against: the prevalence of the views of the most powerful and/or the most numerous. From a U.S. perspective, I explore Mill's suggestion to "countenance and encourage" minority views, and I compare (...) Mill's particular type of liberalism with contemporary U.S. advocacy of market models for our political lives. (shrink)

Mill's free speech doctrine is distinct from, yet compatible with, his central principle of ‘purely self-regarding’ liberty. Using the crucial analogy with trade, I claim that he defends a broad laissez-faire policy for expression, even though expression is ‘social’ or other-regarding conduct and thus legitimately subject to social regulation. An expedient laissez-faire policy admits of exceptions because speakers can sometimes cause such severe damage to others that coercive interference with the speech is justified. In those relatively few contexts where interference (...) is called for, however, the central principle of self-regarding liberty sets absolute limits to the scope of society's regulatory authority. Regulation can never amount to an outright ban of any type of expression that can be consumed by the individual without direct and immediate harm to others. Nevertheless, and perhaps surprisingly, the central liberty principle admits censorship of certain extraordinary types of expression which necessarily harm others. (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)

Since its publication in 1965, Brian Barry's seminal work has occupied an important role in the revival of Anglo-American political philosophy. A number of ideas and terms in it have become part of the standard vocabulary, such as the distinction between "ideal-regarding" and "want-regarding" principles and the division of principles into aggregative and distributive. The book provided the first precise analysis of the concept of political values having trade-off relations and its analysis of the notion of the public interest has (...) also been significant. (shrink)