66.chapter 3 Bentham Mill
66.chapter 3 Bentham Mill
1
Introduction: State is a machine to promote the greatest criticized on two grounds.
happiness of the greatest number. 1. Though it helped the industrialist capitalist class
Bentham holds: State is a group of persons organized for the (through policy of laissez faire) in making rapid progress, it
promotion and maintenance of utility in terms of the greatest
created many problems for the working poor people.
happiness of the greatest number.
Following are the implications of Bentham state: 2. The utilitarian emphasis on seeking pleasure and
State on law making agency (law of today) State is avoiding pain was severely criticized by anti-hedonistic
sovereign movement.
No right of resistance against state State as source of Hence, Mill reformed theory of utilitarianism to prove that it is
rights elevating and not degrading. But this modification changed the
original character of utilitarianism.
Duty to ensure equality Liberty not end of state;
He agrees basically with the principle of utility but interprets it
State as a machine not natural
Bentham’s reforms in a way that conclusion drawn goes astray. The points on which
Legal reforms: He opposed the old customs, monarchy and the Mill restated utilitarianism are:
House of Lords as they were against the interests of common man. Stress on quality of pleasure (like moral or intellectual
Dicey remarks” History of legal reforms in the 19th century is the happiness)
history of shadow cast by one man, Bentham.” Instead of merely securing greatest happiness of the greatest
Judicial reforms: He wanted to bring a system of free and easy number, state, according to Mill to Mill should remove obstacles
access to justice. He opposed death sentence for crimes other than in way of the progress of individuals.
murder. Advocacy of socialism: Unlike Bentham, he considered
Jail reforms: Different criminals should be kept separately. They
property as unjust. In fact, he advocates a kind of socialism. He
should be treated kindly. They should be educated and trained to
become good citizens. says that monopolies should be controlled by the state. Working-
Theory of punishment: Punishment should be preventions hours should be fixed. State should interfere to some extent (this
and creative rather than revengeful. stance is against Laissez faire advocated by Bentham)
Educational reforms: Poor children should be educated by Justification of democracy: Bentham said any form of
state and students should be taught what is useful to them for government except democracy will only serve the interest of
making a career the ruling class. However, Mill says that all people are not fit
Criticism for democracy. He clearly says that democratic institutions are
(A) Negative state: His state has no relation with the moral life not fit for characterless and ignorant.
of the citizens. Criticism
(B) Impracticable theory (C) Role of law over-
While mill tried to save the face of utilitarianism by restating or
emphasized (D) Materialistic theory (devoid of spiritual
happiness) (E) It leaves no room for morality (J.S Mill says: modifying it from criticism current during his days, he changed
It is better to be a human being dissatisfied than a pig satisfied its original nature. In the words of wayper “in his desire to
(F) Ignores historical influence (G) Sovereignty of state safeguard utilitarianism from the reproaches leveled against it,
is over-emphasized (H) Theory of opposition to state Mill overthrows the whole utilitarian position” In fact, Mill’s
doubtful (I) Attack against natural rights self study of Wordsworth, Coleridge’ and Goethe made him realize
contradictory (J) Concept of free market economy leads that Bentham’s philosophy had touched only the surface of the
to monopoly and exploitation (K) Standard of happiness
for each individual is subjective. Carlyle said: “Bentham’s things. In order to touch the deeper aspect he introduced in his
theory is theory of pigs” theory elements which were inconsistent with Benthamism.
Conclusion: Bentham attacked on English legal system and Mill on liberty
opposed Blackstone’s conservation Blackstone who believed in
the credibility of the English institutions. A law is good if it
Introduction:
brings happiness and vice-versa. He has also supported Adam
Two opposite things emerged when Bentham’s followers tried to
Smith’s views (laissez faire).
reform his utilitarianism.
John Stuart Mill (1806-1873) 1. Extension in the sphere of the state activity and
2. Emphasis on individual activity through reforms in different sectors
Mill’s Modification of Benthamism: In reconciliation of these opposite points, Mill stood forth as the
Introduction: Among the liberal thinkers of the 19th century advocate-in-chief of individuality and intellectual and moral
England. J.S Mills occupies a very important place. Bentham, the development of individuals. In his essay “on liberty”, Mill deals
founder of utilitarianism, called him as his intellectual grandson. with the question of the liberty of the individual in society.
Mill’s restatement of utilitarianism Mill’s idea of individuality
Trained and educated under the strict supervision of his father, “It is the harmonious development of individuality that leads to
John Stuart Mill found in utilitarianism “a creed, a doctrine social progress.” He felt that with the growth of
philosophy, a religion”. However, Bentham’s utilitarianism was industrialization, mass society and all-powerful governmental
2
machinery, individual is likely to be lost. Mill was so fond of Criticism
individuality and variety that he was even opposed to state
(1) Mill as prophet of empty liberty and abstract
education because it reduces the students to a dull uniformity.
individual (Barker) (2) Incomplete picture (only positive
State education destroyed originality.
aspect) of individual personality: He ignores negative
Extent of liberty (Self-regarding action & others-regarding aspect. (3) Mistaken view of actions: (who will decide whether
action) an action is self-regarding or others-regarding?) (4) Advocate
Mill says that liberty is the sovereignty of individual over himself of state interference (state can become autocrat in the name of
or “being left to oneself”, However, Mill believes that absolute safeguarding liberty)
freedom of individual in society is impossible. Over-emphasis on individual dissenter or misplaced
Mill divides the action of the individual into two person (5) Over-emphasis on rule of liberty (6)
categories. The action which affects only the individual who is Impractical aspect of liberty (how to deal with misuse of
performing them is self-regarding action. The action which liberty: No answer) (7) Encouragement to imperialism (He
refuses liberty to backward people) (8) Faulty exposition of
affects others is others-regarding action. Individual should be
liberty
free in self-regarding actions but be restricted in others- Conclusion
regarding actions. Marx has a word of praise for Mill for his treatment of liberty.
Liberty is possibly only in democracy: But Mill is not blind He says, “Mill’s chapter on freedom of thought and discussion is
to the drawbacks of democracy and points out the possibility one of the finest things on that subject in the political literature.”
“tyranny of majority” and the “despotisms of numbers”.
He never understood that rights are maintained by the society.
Kinds Fundamental Liberties: (1) “liberty of conscience” (2)
“liberty of thought and feeling” (3) “absolute freedom of opinion” That is why h e is said to be the father of empty liberty and
(4) “liberty of expressing and publishing opinions” (freedom of abstract individual.
speech and press) (5) “freedom to unite, for any purpose” Mill on representative Government:
(freedom of assembly) (6) “liberty of forming the plan of our life to Introduction:
suit our own character, of doing what we like” even if this For Mill, representative government is best safeguard to
appeared to be “foolish, perverse, or wrong”
individual liberties.
Importance of freedom of opinion/ Expression: Freedom of
expression should always be absolute. He asserted: “if all mankind Importance of representative government: Democracy is
minus one were of one opinion, and only one person was of the the tool to make men better. In a democracy, men are free to
contrary “opinion, mankind would be no more justified in pursue their own interests. If they are wise, they will try to secure
silencing the one person” their own interests through the fulfillment of social interest. But he
The reasons why the absolute freedom of opinion should be is also aware of dangers of democracy.
allowed are; Silencing opinion would means robbing mankind. Dangers of representative democracy: But democracy may
There are three possibilities in case of a suppressed opinion lead to “tyranny of majority”.
Three levels of representative system
If the silenced opinion is right, the loss to mankind is obvious. 1. The people: Peoples are true pillars of democracy who have
In case it is partly true, it is of some value that should be given
right to choose their representatives or legislators.
its due.
2. Elected representatives: who have better understanding
In case it is wrong, it has the chance of creating controversy
and judgement than people.
out of which the truth would emerge victorious.
3. A policy-making body: This comprises experts who have
By silencing an opinion we cannot assume that truth always
ability to legislate.
triumphs in the end. Truth needs constantly to be attacked in
order to preserve its vigor”. Safeguards against dangers of representative
Implications of Mill’s Liberty: government
Liberty is essential to enrich personality (1) Proportional representation: Through this system, a
The self-regarding actions which do not harm others should minority would be as fully represented as the majority. (2)
not at all be restrained. Plural voting: Intelligent and expert should be given right of
plural voting. Even, there should be grades of citizens on the
Function of the state is necessary to enhance individual’s
basis of their mental and moral qualities. (3) Qualification of
liberty (& dignity) against the “tyranny of majority” or voters (Only educated tax payer should vote) (4) Public
oppressive weight of public opinion. voting (There should be no secret ballot) (5) Voting right for
More Aspects of Mill’s Liberty women (6) Role of parliament (to watch working of
(1) Individualism (2) Personal Freedoms (3) Minimum government)
interference by State (4) Positive impulses (5) Limitations on Criticism: (1) How to give due weight to different
liberty (6) Revolt against tyranny (7) Moral values (8) Liberty of elements of the society? (2) Qualification of voters is
women (9) Right to own property (10) Disagreement with law— unsound (3) Plural voting is unjust (4) Public voting is ill-
the more the laws, the less the liberties (11) Representative conceived
Democracy best form