It's time for a revolution against the revolution (Photo by Imagno/Getty Images)

In this oppressive era of hushed voices, furtive glances and underground resistance, it is little wonder that John Stuart Millās On Liberty has become an inspiration and a recourse for a new generation. Since its publication in 1859, Millās brief on behalf of liberty of speech, opinion, expression and action has become a rallying philosophy for those experiencing conditions of constraint, limitation, and oppression ā whether political, social, religious, academic or interpersonal. A century and a half after his death, Millās argument on behalf of an āatmosphere of freedomā, limited only when words or actions result in harm, is the governing philosophy of the liberal order.
Yet while Millās text was written as a defence of the requisite conditions for a liberal society, today it is self-described conservatives who are most likely to invoke its arguments. If it was the free-thinkers in the Victorian era who were likely to be ācanceledā by religious traditionalists ā the source of most immediate concern for Mill ā today the situation is the opposite. Conservatives and āclassical liberalsā of various stripes today regularly invoke Mill as a refutation against the oppressiveness of the progressives. One of Americaās more prominent religious conservatives, the Catholic legal theorist Robert George of Princeton University, has become among the most prominent of Millian free speech defenders. ā[We should] go back to John Stuart Mill,ā he characteristically suggested last year. āHaving legal protection for free, robust discourse in place is one thing, and it’s a very important thing, and it’s, as I say, a necessary thing, but it’s not sufficient. In addition to those legal norms protecting free speech, we need to build a culture of free speech.ā
However, it is far from clear that Mill would be pleased by these new admirers of his work. Indeed, thereās good reason to believe Mill would be deeply gratified by the new progressive hegemony his arguments have produced. Millās case on behalf of liberty was not, as todayās conservatives and libertarians mistakenly believe, an argument for freedom of expression as an end in itself, but rather, a means toward a further end: regime change. The regime he hoped to overturn was the custom-bound society of Victorian England, as well as the traditional civilisation of the West more broadly, particularly its classical and Christian inheritance. The regime he hoped to usher in was none other than the progressivism that now dominates the major institutions of the West.
Throughout his text, Mill is clear that liberty is a means of displacing what he called āthe despotism of customā. Robert George is correct that Millās concern was less the narrowly legal defence of free speech, expression and action, and more a worry about the spectre of social conformity. Mill begins his text by arguing that an earlier generation of philosophers and political actors had secured formal liberalism ā limited government and political representation of the demos. He observed that formal liberty was ultimately useless in a society that remained bound by traditional opinion ā the social ātyranny of the majorityā. His aim, then, was to secure the social conditions of liberty, aligning an increasingly liberal political order with what were less liberal civic, social and private domains.
Social conformity for Mill took a particular form: the untoward social dominance of the many over a small minority of people who were marked by distinctive features of āindividualityā. The oppression he decried percolated from the bottom-up, an informal but nevertheless pervasive way of life that was reflected in societyās customary practices. In Millās Victorian era, such customs included what might still be categorised as āmanners and moralsā, regulating informally but powerfully everything from dress to forms of address, table manners to social comportment, expectations of church attendance to avoidance of visible vices. Of course, it also involved social conformity to traditional sexual roles and behaviour, distinguishing between men and women, exerting strong pressure toward marriage, and dispersing the norm that marriage was the necessary institution in which children were born and sheltered, provided for by the man and typically raised primarily by the mother. This web of social expectations constituted a form of ādespotismā, and for Mill, its source and most powerful enforcer was everyday people. His philosophy was an argument of how to liberate the unique, inventive, free-thinking few from the oppression of the herd-like, tradition-bound, narrow and unadventurous many. Liberty was the means of moving the social order from one that was conservative to one that was liberationist.
Indeed, Mill is clear that what he seeks is a society that is progressive. Customary societies ā the āgreater part of the world,ā in fact ā have āno historyā. Here, Mill meant not that nothing happens in such societies, but that in tradition-bound settings, the future extensively resembles the past. By āhistoryā, Mill means progress: a society of constant change, disruption, and transformation. For Mill, humans do not have a fixed nature, but rather are defined for the capacity to change and transform in unexpected and unpredictable ways. Humans are, he states, āprogressive beingsā, but their capacity to realise their potential for transformation can only be developed in progressive ā and not customary ā societies.
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