In the book Mill’s Progressive Principles by David Brink, there’s a section of legal moralism, section 58. In which it talks about how Mill rejects legal moralism and a small portion of his debate with Lord Devlin. I this paper I shall agree with Mill that we should reject legal moralism. I will start with the summary of legal moralism, then I will continue with a small concept of the Devlin and Mill debate about legal moralism. Then I will move onto my critique, in which I will agree with Mill, that we should reject legal moralism. I will start with simple definition in order to understand the concept, then I will move on to the pros of legal moralism according to Devlin, then I will end with why we should reject legal moralism. Summary: Legal moralism is “the view that immorality as such can be permissibly criminalized; the view that the state may punish conduct merely on the grounds that it is immoral” (Swan). The section of legal moralism starts off with Feinberg and his rejection of legal moralism. Then Mill rejects legal moralism categorically. Mill brings up the “blue laws” which include, work on the Sabbath, prohibition on Mormon polygamy, temperance legislation, laws forbidding gambling and prostitution. In the book, Brink says if Mill wants to deny legal moralism, then Mill is committed by the sanction theory of duty towards legal moralism. Chapter 5 of Utilitarianism has some ideas of sanctions: “penal sanction, is the essence of law, enters not only into the
John Stuart Mill developed his own approach to Utilitarianism called ‘Rule Utilitarianism’. There are some similarities with Christian ethics which lie in his doctrine. Firstly, Mill says that there should be general rules which people
Mill claims that his purpose in writing on liberty is to assert what he describes one very simple principle. The principle that ought to govern society and that principle has come to be known as the harm principle. The individuals own good either physical or moral is not a sufficient warrant for societal intervention. The individual cannot rightfully be compelled to do or not to do because it will be better for him to do so because it is better for him to do so because it will make him happier.
Mill has an “eye for an eye and a tooth for a tooth” standpoint. If a person commits a terrible crime, they are nowhere near reaching a desirable end, nor do they have capacity to be virtuous, as Aristotle would say. If somebody is guilty of murder, then life in jail is too mild of a punishment for the crime he committed. It goes the other way around too. If somebody is guilty of theft, then life in jail may be too hard of a punishment for that particular crime. Mill believes the only efficient punishment is one that is exactly equal to the crime. He doesn’t think a murderer should be allowed to live on with the potential to murder again. Another thing Mill focuses on is general responses among a society. He believes the only way to find desirable pleasure is to ask people and get a general response. So if you asked the family of a murder victim what they would like to see happen to the murderer, a probable general response would be to have him sentenced to death as well, and that is exactly what should happen.
Within Mill's 'On Liberty' it is clear that he has a high regard for the issues surrounding freedom and it's limits. Mill is an advocate of negative freedom, as a liberal he believes that there should be no restraints on an individual's freedom unless it is hindering the freedom or health of another person. One of the main reasons as to why Mill values liberty is because it contributes to personal development. Thus Mill argues that in order for individuals to develop they should be able to perform 'experiments' in living', which allow individuals to go through a system of trial and error until they find their own
Mill’s harm principle of ““One should not interfere with other people’s lives unless those people are doing harm to others” (p.G3), is in other words, if a person do not cause harm to others, there is no reason to prevent his/her actions. Mill’s belives that an individual is the supreme sovereign of his/her own acts. Even when the decisions taken may be some harm upon him/her, the responsibility of these actions is only on the individual.
Mill focuses more on the second of the two as the most effective justification of the death penalty. Mill states in his address “There is not, I should think, any human infliction which makes an impression on the imagination so entirely out of proportion to its real severity as the punishment of death.” Crime in itself causes suffering, to reduce crime by creating a fear of penalty is a utilitarian practice.
Explain in your own words the logic of Mill’s argument, and critically discuss whether happiness should be the criterion of morality.
Moreover Devlin asserts that moral legislation is crucial to maintain a social bond. He maintains that society has a right to protect its own existence by barring behavior that threatens that existence. This is distinctly divergent from Mill's perceptions on paternalism.
Lucius Beebe critically analyzes Edwin Arlington Robinson’s, The Mill best. Beebe’s analysis is from an objective point of view. He points out to the reader that what seems so obvious may not be. She notes “The Mill is just a sad little tale of double suicide brought on by the encroachment of the modern world and by personal loss.” Thus meaning The Mill carries a deeper underlying theme. Lucius Beebe expresses that a minor overflow of significant details has been exposed over Edwin Arlington Robinson's "The Mill," much of it concerned with whether the miller's wife did indeed drown herself after the miller had hanged himself. Another, even more provocative question has never been asked: did the
John Stuart Mill was a classical liberal thinker and believed, through the influence of his father, that man deserved to live a life that promoted the greatest amount of happiness with limited government intervention. Mill grew up with the belief that there was no God and therefore believed that man is born inherently good; government should be limited to allow individuals to make their own decisions from their inherently good instincts; economic freedom provided individuals with the protection of rights and promoted the ideology that Mill stood for most, Utilitarianism which highly influenced classical liberalism.
In regards to morality, Mill anchors its definition on the premises of the greatest happiness principle stated above. Unlike Aristotle who puts emphasis on the agent (the person themselves) in regards to acting morally, Mill is very indifferent and states that the character of the person and their motives do not matter only the consequence of those actions matter. For Mill, the morality of the action only depends on whether that action will produce pleasure for greatest number of people. As state before, he explains that pleasure leads to happiness, and happiness is the ultimate goal of each individual. However, morality is “the rules and precepts for human conduct,” and not simply the causes of human behavior. Desire may drive human actions, but that doesn’t mean that desire should propel human actions. Morality is the ideal, not the reality.
Before Mill could analyse the concepts of Utilitarianism his first action was to break down any barriers that caused people to turn away from its insights. All actions exist as a means to promote a particular end; thus an action may only be deemed right or wrong based on the desired outcome of said action. If the sought out ends cause suffering towards others, the actions will be considered to have been bad; just the same as if an end causes happiness, the actions that caused this result will be deemed as good. Therefore, having a standard as to how humans can be judged between good and bad is necessary. Mill argues that “particular truth precedes general theory” (p. 2), unlike the rules of applicable sciences we know of, ethics demands ‘general laws’ in order for
Mill's principle of utility seeks for the logical rationality of ethics through the consequences of actions as the consideration determining their morality, therefore the possession of happiness as opposed to the avoidance of pain. Utilitarianism might be an instance of a more general theory of right consequentialism, which supports that right and wrong can only, be reviewed by the kindness of consequences. This common kind of theory can be easily understood by considering the form of consequentialism. Consequentialism states that an act is right if, of those accessible to the agent at the time, it would produce the most overall value in the end. Utilitarian
John Stuart Mill, in his Utilitarianism, turns morality into a practical problem. His moral theory is designed to help one evaluate his moral principles and senisibilites and be able to ajudicate conflictions in moral conflicts. Mill postulates that actions are right so far as they tend to promote happiness and minimize pain. This theory manifests itself as an impartial promotion of happiness. Morally "right" actions are ones which promote the greatest happiness for the greatest number number of people and reduce pain. Utilitarian moral theories need to be coupled with theories of well-being, so that we can point to what is being maximized through the moral theory's operation. Mill's moral theory is
“Absolute liberty is the absence of restraint; responsibility is restraint; therefore, the ideally free individual is responsible to himself” - Henry Brooks Adams. There has been great debate, past and present with regards to what constitutes as an individuals liberty. It has been subject to constant ridicule and examination due to violations of civil rights. Freedom, liberty, and independence are all important human rights represented within John Stuart Mill’s On Liberty.