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J. S. Mill on FreedomandPower*
BruceBaum
MacalesterCollege
Polity XXXI,Number22
Volume Winter1998
Winter 1998
Polity
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188 J. S. Mill on Freedomand Power
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Bruce Baum 189
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190 J. S. Mill on FreedomandPower
I. Freedomand Liberty
Millneversystematically
articulates
his conceptionof freedom.Therefore,
to
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192 J. S. Mill on Freedomand Power
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21. See Smith, "Social Libertyand Free Agency." IsaiahBerlin and BenjaminGibbs have
attributedto Mill a basically negative empiricistview of freedom. Berlin characterizeshim as a
defenderof "thedefinitionof negative libertyas the ability to do what one wishes" (Berlin,"Two
Concepts of Liberty,"139). Cf. BenjaminGibbs, Freedomand Liberation(London:Chattoand
Windus,for Sussex UniversityPress, 1976), 81.
22. Smith, "Social Liberty and Free Agency," 240-41; and RichardB. Friedman,"A New
Explorationof Mill's Essay On Liberty,"Political Studies 14 (October 1966): 281-302.
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194 J. S. Mill on FreedomandPower
23. Smith, "J. S. Mill on Freedom,"211. For Mill, though, freedom does not mean self-
development or self-realization as it does for some theorists of freedom. This is important
because, as John Gray explains, people may freely choose to sacrifice chances for self-develop-
ment for other goals (Gray,Liberalism,58).
24. For related discussions, see Smith, "J. S. Mill on Freedom";and "Social Liberty and
Free Agency."
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BruceBaum 195
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A person feels morally free who feels thathis habits or his temptations
are not his masters,but he theirs:who even in yielding to them knows
that he could resist. ... It is of course necessary, to renderour con-
sciousness of freedom complete, thatwe should succeed in makingour
characterall we have hitherto attemptedto make it; for if we have
wished and not attained,we have, to thatextent not the power over our
own character,we are not free. Or at least, we must feel that our wish,
if not our character,is strongenough to conquerour characterwhen the
two are broughtinto conflict.... And hence it is said with truth,that
none but a person of confirmedvirtue is completely free. (L, 841)
33. Mill refersto this power as the power of "self-culture"or "self-education"in "Bentham"
(Collected Works,vol. 10, 98). I examine Mill's view of power more fully in forthcomingwork.
34. Cf. John Christman,"Constructingthe Inner Citadel: Recent Work on Autonomy,"
Ethics, 99 (October 1988): 14.
35. Smith, "Freedomand Virtuein Politics," 116.
36. Smith, "Social Libertyand Free Agency,"244; and Berlin, "Two Concepts of Liberty,"
134. JohannGottlieb Fichte provides a strikingexample of the potentialfor authoritariangover-
nance entailed in such notions. He says, "Tocompel men to adoptthe right form of government,
to impose Right upon them by force, is not only right,but the sacredduty of every man who has
the insightandthe powerto do so" (Fichte,quotedin Berlin,"TwoConceptsof Liberty,"151, n. 1).
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198 J. S. Mill on Freedomand Power
claim in this regardis that we are fully free agents only to the extent that we
are able to exercise "powerover our own character[s]"(L, 841). Thus, when
he says "thatnone but a person of confirmedvirtue is completely free," his
point is thatonly such personsmanifestlywield sufficient"powerover [their]
own character[s]"to ensurethattheirdesires andpurposesare formedby them
rather than for them. Persons "of confirmed virtue" tend to exhibit the
strengthof will or characternecessary to pursuetheir more consideredaims
and purposes even when this requires them to forego their more transient
desires.37In his view, then, being "completely free" is directly related to
autonomousagency and only indirectlyto virtuousaction. He does not con-
strue freedomas the exercise of virtue.
Mill furtherrefines his view of free action in On Liberty.He contends
that people are fully free only to the extent that their desires and impulses
reflect "their own individual character[s]"-i.e., to the extent that they
achieve "individuality"(OL, 262). He says, "Where,not the person's own
character,but the traditionsand customs of otherpeople are the rule of con-
duct, there is wanting one of the principle ingredientsof humanhappiness"
(261). Later he equates attainingindividualitywith "having character":"A
person whose desires and impulses are his own-are the expression of his
own nature,as it has been developed andmodifiedby his own culture-is said
to have character.One whose desires and impulses are not his own, has no
character,no more than a steam engine has character"(OL, 264). In turn,he
regardshaving characteras a necessaryconditionof the freedomto pursueour
own mode of life.
The gist of Mill's argumentis that we can justifiably claim our desires
and purposes as "properlyour own" only insofar as we reflectively choose
them in light of our own charactersand circumstances.He clarifies his view
of the kind of criticalreflectionrequiredin the course of criticizingunreflec-
tive obedience to custom. He says,
37. Accordingto Mill, actions can only be counted as virtuouswhen they springfrom deci-
sions made after deliberation("Remarkson Bentham'sPhilosophy,"Collected Works,vol. 10).
Thus, he conceives of "thepersonof confirmedvirtue"in Utilitarianismnot just as someone who
has "a confirmedwill to do right,"but also as a person who has the strengthof characterneces-
sary to make and pursuereflective and deliberatechoices (Utilitarianism,238 and 237).
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BruceBaum 199
38. Gray,Mill on Liberty,71. Mill uses the word autonomyonly once in French,and in a
waythatconnotes"independence" or "freedomfrominterference" ratherthanthecurrentsense
of thewordin philosophy of action.Inan 1871letterto EmileAcollas,he says,"Quanta la partie
philosophique, vous savezprobablement parmonEssaisurla Libert6,dansquel sens et avec
quelleslimitesj'entendsnotreprinciplecommon,celuide 1'autonomie de l'individu."
["Asto the
philosophicalparty,youprobably knowfrommyEssayon Liberty,in whatsenseandwithwhat
limitsI understandourcommonprinciple,thatof theautonomy of theindividual."]See Letterto
Emile Acollas, September20, 1871, Collected Works,vol. 17, 1831-32.
39. Gray,Mill on Liberty,76.
his viewof freeactionis relatedto butdistinctfromhis viewof thecapac-
40. Accordingly,
ity for higher pleasures.Cf. Donner, The Liberal Self, ch. 6-8; and Smith, "Social Liberty and
Free Agency."
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200 J. S. Mill on FreedomandPower
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BruceBaum 201
45. Gray,Mill on Liberty,74. Jon Elster identifies a closely relatedbut distinct phenomena
of "sour grapes." This is where persons who may have full capacity for autonomousagency
restrictivelyadapttheir preferencesto "second-best"options in light of the constraintsthey face.
See Elster,Sour Grapes (Cambridge:CambridgeUniversityPress, 1983), ch. 3.
46. Frankfurtexplains that "wantons"are motivated strictly by first-orderdesires-i.e.,
desires that they do not reflect upon in light of more consideredobjectives. In contrast,persons
with unimpairedcapacities for rationalaction have the capacityto form second-ordervolitions-
i.e., the capacityto will what they want to will. See HenryG. Frankfurt,"Freedomof the Will and
the Concept of a Person,"TheJournal of Philosophy 68 (January1971): 5-20.
47. Gray,Mill on Liberty,74.
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202 J. S. Mill on Freedomand Power
48. Gerald Dworkin explains that autonomy "is not merely an evaluative or reflective
notion, but includes as well some ability both to alterone's preferencesand to make them effec-
tive in one's actions and, indeed, to make themeffective because one has reflectedupon themand
adoptedthem as one's own." See GeraldDworkin,The Theoryand Practice of Autonomy(Cam-
bridge:CambridgeUniversityPress, 1988), 17.
49. The first phraseis from Mill, "Utility of Religion,"CW 10, 411.
50. As Smith points out, though,Mill's view is more clearly paternalisticwith regardto per-
sons with "infirmitiesof character"or "inveterate"habits(Utilitarianism,212; L, 840; and Smith,
"Social Libertyand FreeAgency,"247). Moreover,as I will explain later,Mill's view is strongly
paternalisticwith respect to non-Westerncultures.He justifies this stance with the ethnocentric
claim thatjust as childrenneed others to take care of them so do "statesof society in which the
race itself may be consideredin its nonage"(OL, 224).
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Bruce Baum 203
51. As Berlin says, the extent of a person's freedomdepends not just on "how many doors
are open,"but also on "how open they are, [and]upon theirrelativeimportance"to his or her life
(Berlin, "Introduction,"xxxix-xl).
52. Mill, "Bentham,"96.
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204 J. S. Mill on FreedomandPower
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Bruce Baum 205
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60. In the same letterhe says, "I do not thinkit righteitheroneself to teach, or to allow any
one else to teach one's children,authoritatively,what ever that one does not from the bottom of
one's heart& by the clearest light of reason,believe to be true.... One assuredlyhas no right to
incumberthe reason & entangle the conscience of one's children"(Letterto CharlesFriend,Oct.
29, 1869, Collected Works,vol. 16, 1468-9). Mill's standardof premises takenfrom reason
rather thanfrom authorityrefers to reasons that can be assessed on formal or logical grounds,
independentlyof any appealto receivedtraditionsor supernaturalforces (OL, ch. 2; "Grote'sHis-
tory of Ancient Greece [I]," Collected Works,vol. 11, 290). His view is "radical"in the Enlight-
enment sense of seeking to bringall beliefs and practicesprogressivelyunderthe scrutinyof crit-
ical reasoning.
61. Mill develops this point furtherin "Dr.Whewell on Moral Philosophy,"where he criti-
cizes education within ecclesiastical institutionsin which instructorsmust "vow adherenceto a
set of opinions made up and prescribed"as authoritativetruths.He asks, "how can intellectual
vigour be fosteredby the teachingof those who, even as a matterof duty,would ratherthat their
pupils were weak and orthodox,than strong with freedom of thought?"See Mill, "Dr.Whewell
on MoralPhilosophy,"in Mill, Dissertations and Discussions, vol. 2 (New York:Haskell House
Publishers, 1973; reprintof the 1859 edition), p. 168.
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208 J. S. Mill on Freedomand Power
encouragedto choose reflectively our own beliefs and identities - that is,
only insofar as we are not taughtauthoritativelyany one set of religious and
culturalcommitments.This implies not only that all children should have a
secular formal education (which includes the comparativestudy of religious
and culturaltraditions),but also thatthe informaleducationthey receive from
their parentsor guardiansbe thoroughlynon-sectarian.62 It also entails that
people are always more free, in an unequivocal sense, in proportionto the
numberof significant possible ways of life, philosophies, and religious and
culturalidentities that are made available to them. Thus, even the common
practice of parents passing on their religion and culture to their children in
some measureconstrainsthe freedomof the latter.
Mill's standardof "completelyfree" agency hereby obscuresthe given-
ness-i.e., the unchosen character-of key aspects of everyone'ssocial iden-
tities, fundamentalcommitments,and ideas of the good. Therefore,he poses
a false dichotomywhen he warns aboutcases in which "notthe person'sown
character,but the traditionsor customs of other people are the rule of con-
duct"(OL, 261). Our characters,beliefs, and values are inevitably shaped in
some measureby the traditionsand customs of the communities into which
we are bor. Consequently,people always act on the basis of desires, beliefs,
and understandingsthat they appropriatefrom their social context.63More-
over, many (if not most) people choose numerousthings-including impor-
tant things-because they are their customs. Therefore, it is misleading to
speak of people being "completely free" with respect to their aims, beliefs,
values, characters,and social identities.
These points are especially salient when we consider people's freedom
with respectto theirreligiousbeliefs and identities.Many (if not most) people
are authoritativelytaughta particularreligious identity as a matterof course.
Their earliest encounters with religion commonly consist of being taught
62. It is importantto note here that Mill strongly supportsthe right of parentsto determine
the religious education of their children;he does so, however, despite his underlyingnotion of
fully free action. In this regard,he clearly does not consider the goal of maximizingthe freedom
of children as the only value at stake, particularlysocial pluralismand parentalfreedom. Fur-
thermore,Mill acknowledges that childrenmust be taughtauthoritivelysome basic moral prin-
ciples, thoughnot a sectarianview of the good life, as a basis for moralagency and criticalthink-
ing. This is reflected in his interest in a secular "religionof humanity."See, respectively,Mill,
"On Religion and Guardianship"(1846), in Mill, Prefaces to Liberty:Selected Writingsof John
StuartMill, ed. BernardWishy (Boston: Beacon Press, 1959); "SecularEducation"(1850), Col-
lected Works,vol. 28, 4; and "The Utility of Religion," Collected Works,vol. 10).
63. Kwame Anthony Appiah, In My Father's House: Africa in the Philosophy of Culture
(New York:Oxford University, 1993), 117. Cf. Ludwig Wittgenstein,Lectures & Conversations
on Aesthetics, Psychology and Religious Belief, ed. Cyril Barrett(Berkeley: University of Cali-
fornia Press, n.d), 53-72. Some contexts of choice, of course, are more heterogeneousin this
regardthanothers.
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Bruce Baum 209
64. Considerthe case of my 6-year-old friend Ben who has been learninghis Jewish iden-
tity fromhis parentsand fromhis Jewish Sundayschool. Recentlyhe askedme, "You'reJewish?"
(His parentshadjust told him thatI am, but I am actuallya non-believerwith an equivocalJewish
identity.) His mom was nearbyand she signaled me to refrainfrom giving him the atheistic and
equivocal response that I would have given him if I had answeredhim morefreely. Therefore,I
simply said, "Yes."This raises the following questions:WouldBen be morefree in a straightfor-
ward way if I had introducedhim at his impressionableage to such alternativepossibilities as
atheism and a non-religious(equivocally)Jewish identity?Whatdoes this mean for the intergen-
erationalbonds thatare partlyconstitutedby parentspassing on such religious and culturaliden-
tities? Cf. Will Kymlicka, MulticulturalCitizenship(Oxford: ClarendonPress, 1996), 90; and
James Nickel, "The Value of CulturalBelonging,"Dialogue, 33 (Fall 1994): 639.
65. The same thing can be said of some aspects of our national,cultural,ethnic, and gender
identities.These identitiesare arguablysocially and politicallyconstructedand, thus, learned,but
this does not mean that we can simply put them on and take them off at will like a change of
clothes.
66. See Ludwig Wittgenstein,Cultureand Value,trans.Peter Winch (Chicago:The Univer-
sity of Chicago Press, 1980), 45e; and TalalAsad, Genealogies of Religion: Discipline and Rea-
sons of Power in Christianityand Islam (Baltimore:The Johns HopkinsUniversityPress, 1993).
67. This argumentmight appearto be controvertedby the frequency of religious conver-
sions. This would be so, however, only if we misleadinglysuppose thatall religious conversions
are somethingpeople consciously choose upon reflection. See TalalAsad, "Commentson Con-
version,"in Conversionsto Modernities:TheGlobalizationof Christianity,ed. Petervan der Veer
(New York:Routledge, 1996); and Baum, "Feminism,Liberalism,and CulturalPluralism."
68. Michael Sandel has recently distinguished these two forms of religious freedom as
"freedomof choice"-the freedom of choosing our own way of life or our own set of beliefs-
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210 J. S. Mill on FreedomandPower
Inthislight,Millmisleadinglyconstruesfreedomin anessentialistway
and
-i.e., trans-historically-intermsof reflectivechoice,self-realization,
self-government suchthatanypracticeof freedomas freedommustinclude
theseelements.He maintainsthat"thepeculiarcharacter of themoder world
... is, thathumanbeingsareno longerbornto theirplacein life, ... butare
freeto employtheirfaculties,andsuchfavourable chancesas offer,to achieve
thelot whichmayappearto themmostdesirable" (SW,272-73).Thismodern
ethoshasled peopleincreasingly to construefreedomin termsof thefreedom
to choose-and also to sharein choosing-how theywishto leadtheirlives.
WhatMill fails adequatelyto see is how the practicesof freedomthathe
rightlyregardsas thelogicalexpressionsof themoder ethosof self-determi-
nationarerootedin a particularhistorical and culturalconstellationof social
and political struggles and innovations.For example, the ProtestantRefor-
mationandits aftershocks gaveimpetusto thedevelopment of newideasand
the
practicesof religiousfreedomandfreedomof conscience; development of
moder Europeannation-statesand popularstrugglesfor the extensionof
basic politicalrightsandlibertiesproduceda distinctivelymoder formof
politicalfreedomlinked to representative government;moder capitalist
development andclass-basedstrugglesagainsttheemergentpowerof capital-
ists generatednew and conflictingideas and practicesof "economicfree-
dom";andconceptsandpracticesof sexualandreproductive freedomarealso
distinctlymodem.69 Mostof thesepracticesof freedomemphasizeindividual
choice,self-realization,or self-government;yet religiousfreedomandfree-
domof consciencerequireno comparable presumptions of individualchoice.
Thelatterfreedomsencompassthe"freeexercise"of religiouscreeds,regard-
less of whetherthey are inheritedor freelychosen,as well as spiritualand
philosophicalquestsin whichsomepeopleconsciouslychoosetheirfunda-
mentalspiritualandphilosophical beliefsandcommitments.
Thisbringsus backto my earlierclaimthatdifferenthistoricalconfigu-
rationsof powerandculturehaveproduceddifferentpracticesof freedom.70
and "freedomof conscience"-the freedomto practiceour religion. See Michael Sandel, "Free-
dom of Conscienceor Freedomof Choice?,"in Articles of Faith,Articlesof Peace: TheReligious
Liberty Clauses and the AmericanPublic Philosophy, ed. James Davison Hunterand Os Guin-
ness (Washington,D. C.: Brookings, 1990).
69. On the first two examples, see John Plamenatz,"In What Sense Is Freedoma Western
Idea?"CurrentLaw and Social Problems, vol. 1 (Toronto:University of TorontoPress, 1960);
and J. H. Hexter,"TheBirthof Moder Freedom,"TimesLiterarySupplement(January21, 1983):
51-53.
70. Cf. Michel Foucault, The Uses of Pleasure (New York: Vintage Books, 1986); Serif
Mardin,"Freedomin an OttomanPerspective,"in State,Democracy,and the Militaryin Turkeyin
the 1980s, ed. MetinHeperandAhmetEvin (New York:W.de Gruyter,1988), 23-25; andOrlando
Patterson,Freedom,Volume 1: Freedomin the Makingof WesternCulture(Basic Books, 1991).
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212 J. S. Mill on Freedomand Power
75. I develop this point more fully in "J. S. Mill's Conceptionof Economic Freedom,"His-
tory of Political Thought(forthcoming).The broaderhistoricalintertwinementof freedom with
slavery (and otherforms of subordination)is OrlandoPatterson'scentraltheme in Freedom.
76. He also contends that the kind of free action he promotesis uniquely conducive to full
humanflourishing(OL, ch. 3). This claim, however, is harderto substantiateas a universaltruth
about human beings than Mill suggests. See John Gray, "Postscript,"in Mill on Liberty: A
Defense, 2nd edition (London:Routledge, 1996); and Parekh,"SuperiorPeople."
77. Fish adds, "Ratherthan a continuum,what we have is ... an arrayof structuresof con-
straint,no one of which is more constrainingthan any other."See Stanley Fish, Doing What
Comes Naturally: Change, Rhetoric, and the Practice of Theoryin Literaryand Legal Studies
(Durham:Duke UniversityPress, 1989), 459.
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BruceBaum 213
78. For a similar view, see Nancy Hirshmann,"Towarda Feminist Theory of Freedom,"
Political Theory24 (February1996): 57-63.
79. Regardingself-immolationin India,A. L. Basham explains that in medieval times the
lot of widows was so hard that "it is not surprisingthat women often immolatedthemselves on
theirhusbands'funeralpyres."Throughself-immolationa widow would escape the hardshipsof
widowhood and be recognized as "a virtuouswoman"(satt). Despite legal prohibitionsenacted
in the nineteenthcentury,therehave been some recent acts of self-immolationin India.See A. L.
Basham, The Wonderthat WasIndia (New York:Grove Press, 1959), 187; John StrattonHawley,
ed., Sati, the Blessing and the Curse: The Burningof Wivesin India (New York:OxfordUniver-
sity Press, 1994); and GayatriChakravortySpivak, "Canthe SubalternSpeak?,"in Colonial Dis-
course and Postcolonial Theory:A Reader, ed. Patrick Williams and Laura Christman(New
York:ColumbiaUniversityPress, 1994).
80. Nicole-Claude Mathieu, "When Yielding is Not Consenting: Material and Psychic
Determinantsof Women'sConsciousnessand Some of Their Interpretationsin Ethnology"(Part
2), FeministIssues 10 (Spring 1990): 81-82; and Spivak, "Canthe SubalternSpeak?"
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214 J. S. Millon FreedomandPower
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Bruce Baum 215
revisable. For instance, cultural assimilation of the Navaho people into the
modem United States has undoubtedlybroughtthem new practices of free-
dom, but it has also underminedolder practices of freedom that, if Dorothy
Lee is right, entailed distinctive modes of attunementamong them and with
their surroundings.
VI. Conclusions
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216 J. S. Millon FreedomandPower
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