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Mill's contradiction of utilitarianism and liberty
Criticism of Mill's concept of liberty
Criticism of theory of liberty of j.s mill
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Since the creation of pornography, there has been a considerable amount of debate over the moral permissibility of censorship on pornographic material. Many groups and individuals have questioned the right to pornography because of concerns over obscenity and the potential harm pornography might cause. In his book On Liberty, Mill provides theories on how one might address issues of harm, to the extent of one’s personal liberty. When applying the harm principle, would Mill permit the censorship of pornography? Mill would not permit the censorship of pornography based on his principles and beliefs.
Mill explained liberty as consisting in doing what one desires (Mill 88). Mill may not necessarily approve of pornography but based the harm
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One of the issues Mill addresses is the restriction of selling drugs or poison. Mill realizes that it may be possible to prevent the death and harm of others by restricting the sale of poison. The application of the harm principle would not allow for the poison to be prohibited because it violates the liberty of those who use poisons for innocent reasons (Mill 89). The issue is problematic because you must determine how far liberty may legitimately be invaded for the prevention of crime. It is possible that some sexual offenders watch or perform in pornography, but the majority of the people who use pornography never become criminals or sex offenders. In this case, Mill would not endorse …show more content…
Dyzenhaus claims that pornography eroticizes the social and physical inequalities between man and woman (Dyzenhaus 540). Pornography also transmits a message of pan-societal domination of women by men, in which is taught and encouraged by pornography. Dyzenhaus forgets that the pornography he talks about is targeted at men who are the acclaimed oppressors (Skipper 727). Dyzenhaus fails to acknowledge the transparent discrimination of women in other mass published forms like women's literature. Mill condemns the harm of self-autonomy done in women's literature in his book The Subjection of Women. This same logic would force Mill to consider the censorship of vast bodies of literature and images that enforce stereotypical or discriminatory harm. Even then, Mill strongly believed that speech or expression in the form of publication was nearly just as important as liberty of thought and nearly inseparable from it (Mill 15). It is clear that Mill would not tolerate such censorship because it interferes with the personal liberties and freedom of expression he believed everyone
In her essay “Let’s Put Pornography Back in the Closet,” Susan Brownmiller, a prominent feminist activist, argues that pornography should not be protected under the First Amendment (59). Her position is based on the belief that pornography is degrading and abusive towards women (Brownmiller 59). She introduces the reader to the U.S. Constitution’s First Amendment, and explains how it relates to her beliefs on censoring pornographic material (Brownmiller 58). In addition, she provides examples of First Amendment controversies such as Miller v. California and James Joyce’s Ulysses to explain how the law created a system to define pornographic material (Brownmiller 58). She described the system that used a three-part test as confusing (Brownmiller 58). Regardless of whether or not the First Amendment was intended to protect obscenities, she and many others believe that the legislatures should have the final say in the decision of creating and publishing pornography (Brownmiller 60).
Mill begins “On Liberty” by asserting the principle that we should never regulate the actions of others, except if those actions harm others. He goes on to suggest that we should not restrict speech, even when we find it false. What seems odd about this is that Mill is a utilitarian, which means that the rightness or wrongness of a policy or action depends on its consequences. Clearly, some speech does an awful lot of harm and not much good, so how can Mill hold the view that we should never censor? (Your answer should include Mill’s discussion of why censorship “robs the human race” and you should cover both cases in which the minority view is false and when it’s
Pornography is considered by many to be an unwelcome and distasteful part of our society. However, I argue that it is necessary to voice the unpopular viewpoints, under the Constitution. This paper is a defense of pornography as a constitutional right of free expression, under the First Amendment of the Bill of Rights. In illustrating this argument, I will first define pornography as a concept, and then address central arguments in favor of pornography remaining legal and relatively unregulated – such as the development of the pornography debate throughout modern US law, and how activist groups address the censorship of adult entertainment.
For more than two thousand years, the human race has struggled to effectively establish the basis of morality. Society has made little progress distinguishing between morally right and wrong. Even the most intellectual minds fail to distinguish the underlying principles of morality. A consensus on morality is far from being reached. The struggle to create a basis has created a vigorous warfare, bursting with disagreement and disputation. Despite the lack of understanding, John Stuart Mill confidently believes that truths can still have meaning even if society struggles to understand its principles. Mill does an outstanding job at depicting morality and for that the entire essay is a masterpiece. His claims throughout the essay could not be any closer to the truth.
...Mill does not implicitly trust or distrust man and therefore does not explicitly limit freedom, in fact he does define freedom in very liberal terms, however he does leave the potential for unlimited intervention into the personal freedoms of the individual by the state. This nullifies any freedoms or rights individuals are said to have because they subject to the whims and fancy of the state. All three beliefs regarding the nature of man and the purpose of the state are bound to their respective views regarding freedom, because one position perpetuates and demands a conclusion regarding another.
14 Baird, Robert M. and Stuart E Rosenbaum. Pornography - Private Right or Public Menace. Pg. 51
Mill also addresses the idea of governments interfering in an individual’s life in some form of help or benefit without infringing on any liberties by presenting his three objections. The first of which being the idea that “… when the thing to be done is likely to be better done by individuals than by the government.” (Mill p.121). He believed that individuals can best decide matters which pertain to their own life because they are the ones who are most “personally interested in it.” (Mill p.121) and because the individual is indeed usually the one who possesses the most intimate knowledge of their own life that they should not allow others to decide what is best for them personally. The second of Mill’s objections is that even when the individual
John Stuart Mill defines liberty, as a limitation of power; “By liberty, was meant protection against the tyranny of the political rulers. The rulers were conceived (except in some of the popular governments of Greece) as in a necessarily antagonistic position to the people whom they ruled.” (John Stuart Mill “On Liberty” Pg. 29) This limit on power is what he refers to as civil liberty; the limitation is put into play for the people, Mill acknowled...
In On Liberty, John Stuart Mill speaks on matters concerning the “struggle between authority and liberty” and determining how the government should be balanced with the will of the common people. To aid these balances, Mill lays out indisputable freedoms for everyone including freedoms of thought and speech. He stresses that these freedoms are justified as long as they abstain from harm onto other people, but words have been known to hurt or offend. Hateful and unpopular thoughts can be ignored by common people just as they can say and believe whatever they wish to, but in the creation of laws that do affect everyone, leaders cannot discriminate against hearing any sort of opinion because doing so would increase the possibility of tyranny against a minority of any kind Mill wants to prevent. Every single opinion, no matter how unpopular, deserves to be heard by people of power, for even a thought of the unpopular or the minority could provide a shred of truth when leaders make decisions to better a majority of lives.
First, Mill says that all ethical decisions should be based on pleasure. This statement becomes questionable when Mill...
According to conservatives, the state is justified in using its coercive power to uphold and enforce a community's moral convictions, and in that sense, to prevent citizens from delibrating actions that offend their perceived "right and wrong" standards of morality and decency. Conservatives believe that it is in their and the state's duty to steer people, by force if necessary, into the right paths and away from the wrong paths – and they belive that "what is right and wrong is known independently of the values and interests that people actually have" (339). On the same side though on different grounds, some feminists call on the state to regulate or prohibit pornography - but the primary focus of feminists revolves on the harm that pornography causes to women rather than the obsceni...
...d, John Stuart Mill and the Harm of Pornography, “Ethics”, vol. 102, n. 3, 1992, pp. 534-55
My thoughts and feelings on Mill vary, but I’d like to share my negative opinion towards the principle and hope to put it in a different perspective. The harm principle was published in Mill’s work, Of Liberty, in 1859. He states, “That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant (978).” This means that government is not able to control peoples’ actions unless they are causing harm to other individuals.
A man chooses to take cocaine. He understands the risks he is taking, and he believes that taking the cocaine is worth the risk. Should he be allowed to take the drug? Or should the government force him to abstain from it, in his own interest? He is not hurting anyone but himself, so why should there be a law against it? This debate has raged since the beginning of civilization. J. S. Mill, in his Essay on Liberty, takes the position that is commonly accepted: the government should not interfere with matters that do not involve more than one person. These matters are often called "victimless crimes." Mill - along with the majority of people in today's world - claims that if a person commits a crime against his or herself, such as harming the body by taking certain drugs or suicide, the person should not be prosecuted. The argument is that no other person is affected. All involved parties consent to the arrangement, so they should be responsible for whatever happens. A few common victimless crimes are prostitution, taking harmful drugs, and suicide. These are perceived as having no negative effect on anyone but the people who agreed to accept the negative effects. In reality, all victimless crimes cause problems for other members of society. J. S. Mill did not understand that "victimless" crimes do not actually exist.
In this instance, Mill would agree with the court ruling because, like his views concerning free exercise of will, government restriction and majority rule, both the court ruling and Mill’s ideals are concerned for the best interests of the individual rather than for the greater good of society. Complete free exercise will inhibit individual and societal freedom. According to Mill, one may act as one chooses unless one is inflicting harm on others. He argues that one is free to behave “according to his own inclination and judgment in things which concern himself” as long as “he refrains from molesting” (64). The problem arises in the freedom allowed to the individual performing the potentially dangerous act.