The Conception of Freedom :
John Locke believes that man ought to have more freedom in political society than John Stuart Mill does. John Locke's The Second Treatise of Government and John Stuart Mill's On Liberty are influential and potent literary works which while outlining the conceptual framework of each thinker’s ideal state present two divergent visions of the very nature of man and his freedom. John Locke and John Stuart Mill have different views regarding how much freedom man ought to have in political society because they have different views regarding man's basic potential for inherently good or evil behavior, as well as the ends or purpose of political societies.
In order to examine how each thinker views man and the freedom he ought to have in political society it is necessary to define freedom or liberty from each philosopher’s perspective.
In The Second Treatise of Government, John Locke states his belief that all men exist in a state of perfect freedom to order their actions and dispose of their possessions and person as they think fit, within the bounds of the law of nature, without asking leave or depending upon the will of any other man. Locke believes that man exists in a state of nature and thus exists in a state of uncontrollable liberty which has only the law of nature to restrict it, which is reason. However Locke does state that man does not have the license to destroy himself or any other creature in his possession unless a legitimate purpose requires it. Locke emphasizes the ability and opportunity to own and profit from property as being necessary to be free.
In On Liberty John Stuart Mill defines liberty in relation to three spheres; each successive sphere progressively encompasses and defines more elements relating to political society. The first sphere consists of the individuals inward domain of consciousness; demanding liberty of conscious in the most comprehensive sense…liberty of thought and feeling…absolute freedom of opinion and sentiment on all subjects, practical or speculative, scientific, moral or theological.
The second sphere of Mill's definition encompasses the general freedoms which allow an individual to freely peruse a...life to suit our own character; of doing as we like...Mill also states that these freedoms must not be interfered with by fellow creatures, so long as what we do does not harm them…no matter how odd, offensive and or immoral they may seem to others. The final sphere of Mill's definition of liberty is a combination of the first two. He states that...the freedom to unite, for any purpose not involving harm to others: the persons combining being supposed to be of full age and not forced and or deceived.
Locke and Mill's definitions of freedom must be qualified. Since the definitions they present in their respective literature are distinct from one another, when each philosopher refers to freedom or liberty they are not citing the same concept. This distinction is necessary when comparing their positions regarding the amount of freedom man should have in a political society. What one philosopher considers an overt a perverse abuse of liberty the other may consider the action completely legitimate and justifiable.
John Locke believes that men should be virtually unrestricted and free in political society. Locke's rational for this liberal position lies in the twin foundation of man's naturally good inclinations and the specific and limited ends Locke believes political societies ought to have. According to Locke the only freedoms men should lose when entering into a political society are equality, liberty and executive power they has in the state of nature into the hands of society. In Locke's ideal society this fails to limit or remove any freedom from the individual, it only removes the responsibility of protecting these freedoms from the individual and places it on the state.
John Stuart Mill believes that men should be strictly limited in political society. Mill differs from Locke in the basic principle that individual who enjoy the benefits of living in political societies owe a return for the protection society offers. Mill believes for society to function properly conduct of societies members should "not injuring the interests of one another; or rather certain interests; which either by express legal provision, or by tacit understanding, ought to be considered rights" Mill furthers this statement by proclaiming that society may go even further. "As soon as any part of a person's conduct affects prejudicial the interests of others, society have jurisdiction over it and the general question whether the general welfare will or will not be promoted by interfering in it, becomes open to discussion." This declaration virtually allows the state the authority to intervene in every instance of human interaction and have total power to alter the exchange as it sees fit. If this function of the state is considered supreme or is allowed jurisdiction over even the first sphere of freedoms any further discussion of liberty is ineffective and redundant. Mill clearly seeks to limit the freedom of men and guaranteeing some measure of residual power to exercise by the state at will.
Having examined the level or amount of freedom Locke and Mill advocate for man in political society a closer examination of the rational or reasoning which Locke and Mill used to develop their position will clarify the issue further. How Locke and Mill viewed man and his natural inclination toward good or evil was a crucial and fundamental in the formation of their views regarding political society in general and how much freedom man should have in it. The importance of this issue lies in the ability of Locke and Mill to legitimize their conclusion about society based on the necessity of accommodating the natural inclinations of man. Tyranny can easily be justified under the guise of protecting the weak from the natural predatory tendencies of stronger men.
John Locke is clear and adamant in his declaration that man is naturally inclined toward good. Locke belief in the value of man and his ability to act independently in compliance with natural law contributed more to his views regarding freedom than did his positions regarding the function of the state. Several positions which Locke holds to be true regarding man warrant this conclusion. First is Locke's definition of the state of nature as men living together according to reason, without a common superior on earth with authority to judge between them, are properly the state of nature.
Secondly Locke's contention that in the state of nature that man has the right to punish "the crime for restraint and preventing the like offense, which right of punishing is in everybody…the other of taking reparation which belongs only to the injured party..." Locke does not halt the rights of men to punish transgressions against them, this right of all men in a state of nature even if it entails the "power to kill a murderer, both to deter others from doing he like injury which no reparation can compensate..." However Locke does recognize that the right of punishing of transgressions against oneself has great potential and temptation for abuse and corruption this is why Locke contends that "God has certainly appointed government to restrain the partiality and violence of men." Locke's definite optimism concerning the nature of man is clearly transferred to his opinion regarding man's freedom in political society.
John Stuart Mill does not have the same optimistic view of the nature of man which Locke holds. However he clearly has more faith in humans than the portrait Thomas Hobbes presents of man in Leviathan. A case can be made for Mill's negative view of humans because of his utilitarian themes throughout On Liberty which implies that if left to their own devices man will peruse his own interests even at the costs of his fellow man. Mill does not make a clear declaration exalting or condemning the nature of man.
However, Mill does make clearly negative statements about the nature of man. "There has been a time when the element of spontaneity and individuality was in excess, and the social principle had a hard struggle with it." Mill's insinuation that the free and unrestricted actions of men can cause conflict is to be expected nonetheless it disguises Mill's true position on man's nature. It is the subtly inference that the use of spontaneity and individuality as a method of ordering one's actions somehow runs contrary to the social principle which shows a clear mistrust of man's unrestricted and uninhibited side.
Another crucial factor which undoubtedly influenced the amount of freedom Mill and Locke believed man ought to have in political society been their view regarding the purpose of the state. Mill and Locke held completely opposite views regarding who should benefit from the existence of the state the individual or the community.
According to Locke men are driven to congregate and form societies for "necessity, connivance and inclination...”Locke believes that the purpose or end of the state is provide the necessities and convinces which drove men to form communities. The state for all intents and purposes is designed to serve the individual and provide a free and unrestricted environment in which man who is naturally free may prosper and own property.
The constant threat of interference by other men in a man's freedom and enjoyment of his property has driven men to seek the safety of a community which exists "for the mutual preservation of their lives, liberties, and estates which I call by the general name property.
Locke cites three specific reasons for the formation of political society. "First, there wants an established, settled, known law, received and allowed by common consent to be standard....Secondly, in the state nature there wants a known and indifferent judge with authority to determine all differences according to the established law...Thirdly, in the state of nature there often wants power to back and support the sentence when right and to give it due execution." Other necessities and conveniences which Locke refers to are specifically and clearly defined to prevent any interpretation and or expansion of the power of the state.
According to Mill the purpose of the state is to facilitate a beneficial two way relationship between individual and the community. The ends of the state are definitely not devoted to the promotion of the individual’s freedom as they are in Locke's writings. Mill contends the collective interests of the community render greater reward than the promotion of individual interests.
John Locke and John Stuart Mill are two philosophers who have left an indelible mark on the concept of freedom in political societies. John Locke favors greater freedom for man in political society than does John Stuart Mill does. Their 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.
Locke system for dealing with man freedom and all other related matters severely limits the role of state to strictly guaranteeing individual freedom. This is the best method of preventing the perversion and abuse of the role and power of the state. Locke views simply stem from his faith in man and his potential to succeed independently which collectively promotes the prosperity of the state.
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 and 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.
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