Children and Mill’s principle of liberty

J.S.Mill (1806-1873)

As quite a young child, I was under the impression that it was a basic principle of accepted morality and legislation that an individual’s freedom of action should not be restricted except in so far as his actions might impinge upon the freedom of others. A century ago this principle was to a large extent respected. Provided you kept the law you could make your own decisions, subject to the resources and opportunities you had, and could try to enlarge your resources and opportunities. The law, it is true, violated the principle by including some moral elements, such as a prohibition of homosexuality, which could scarcely be justified as restraining the infringement of the liberty of others, as between consenting adults. A law of this kind was evidently based on psychological grounds, that people doing things of this kind might generate disapproval in others, and persons should be protected from having to feel such things.

Although the modern world has repealed the penalties for homosexuality between consenting adults, this is scarcely likely to have been out of concern for individual liberty; more likely the repeal was made because sex is the modern opium of the people, it being supposed that if they are encouraged to fill their lives with such harmless distractions they will not notice more serious oppressions.

Nowadays legislation is frequently justified on statistical grounds: that we must bring about a state of affairs in which society as a whole is the way we (that is, the legislators) would like it to be. I first noticed this when a law was brought in prohibiting the taking of what are now called GCSEs before a person’s sixteenth birthday. Even at the time, and before I realised how serious the effects of this would be on my own educational prospects, I thought this to be surprisingly immoral legislation. Surely a person was not doing anyone else any harm by taking an exam younger than the average? The only harm you could be said to be doing was psychological: it might make other people jealous. But then the acquisition of any benefit in life might make other people jealous. If you started to take psychological considerations such as this into account you could plainly justify practically any restriction of individual freedom of action. What other people would like best would be to see you living a dull, unambitious life, enlivened only by such diversions as they permitted themselves, such as the aforementioned opium of the people.