Recent scholarship on John Stuart Mill’s moral theory has settled on the view that he is committed to a form of rule utilitarianism. I argue that this consensus is mistaken. Mill’s explicit account of practical rules is incompatible with rule utilitarianism but consistent with sophisticated act utilitarianism. I also examine the direct, textual evidence cited by rule utilitarian interpreters, arguing that it is consistent with the act utilitarian account of practical rules. Finally, I argue that two systematic considerations cited by (...) rule utilitarian interpreters—Mill’s analysis of “wrong” in terms of the appropriateness of punishment, and his account of supererogation—also do not require a rule utilitarian reading. (shrink)

This article examines John Stuart Mill's position as the principal historical opponent of legal moralism. I argue that inattention to the particular form of his opposition to legal moralism has muddied the interpretation of his liberty principle. Specifically, Mill does not endorse what I call the illegitimacy thesis, according to which appeals to harmless wrongdoings, whether or not they exist, are illegitimate in the justification of legal interference.

John Gray, much influenced by Isaiah Berlin and building on work by the late John Rees and the late Fred Berger, has recently stated three ‘fatal’ objections which virtually all analysts seem to find persuasive against John Stuart Mill's classic doctrine of liberty. First, Gray thinks it ‘an obvious objection to Mill's project that conceptions of harm vary with competing moral outlooks, so that no Principle of Liberty whose application turns on judgements about harm can expect to resolve disputes between (...) exponents of opposed moral perspectives’. Even if we overlook Mill's strange silence in the matter and supply him with a reasonable definition of harm, it remains clear that the liberty principle ‘is not, and cannot be, the very simple principle Mill sought’. For ‘Mill's principle is in its very nature radically incomplete. It tells us what we may not do, but not what we ought to do.’ To know when liberty should in fact be restrained, ‘we must look to other principles—chiefly the Principle of Utility itself’. But if general utility alone can ‘tell us how much liberty may be given up for how much harm-prevention’, then ‘there can be no question of adherence to [an] exceptionless principle such as Mill's Principle of Liberty’. Thus, even if we believe that Mill's version of utilitarianism is coherent, his judgements about the regulation of conduct must depend on a highly complex and controversial moral doctrine. (shrink)

In this paper I want to do two things. One concerns Mill’s attitude to public indecency. In On Liberty Mill expresses the conventional view that certain actions, if conducted in public, are an affront to good manners, and can properly be prohibited. I want to come to an understanding of Mill’s position so that it allows him to defend this part of conventional morality, but does not disrupt certain of his liberal convictions: principally the conviction that what consenting adults do (...) in private is no-one ‘s concern but their own. The difficulty is to find an argument that Mill could have used to defend the position that some things which, though acceptable in private, can rightly be stopped if attempted in public. The other thing I want to do is consider the impact of Mill’s view of indecency on the interpretation of the Liberty Principle. There remain difficulties here which, to my knowledge, have not been adequately explored. So I want to look at a range of interpretative alternatives. In the first part of the paper I shall raise and explore the issue of the interpretative problems. In the second part I shall look at some ways of trying to justify Mill’s view of indecency on characteristically Millian grounds. And in the final part I shall explore the somewhat surprising consequences of the discussion of the second part for the interpretative questions raised in the first. (shrink)