John Stuart Mill

1
John Stuart Mill

• What is the sovereignty that the individual has
  over himself?
• To those things that pertain to the individual
  the individual has domain.
• To those things that pertain to society, society
  has domain.

2
Society Is Not Based on a Contract.

• Why is Mill concerned about whether there is a
  social contract or not?
• What are the social obligations we have in our
  society?
• How do we know that these are actually social
  obligations?
• Where do social obligations come from?

3
Social Contract Theorists

• Hobbes
• State of Nature is a state of war.
• The life of man is naturally solitary, nasty,
  brutish, and short.

• Rousseau
• State of Nature is a state of peace.
• Men are by nature sociable, kind, generous, and
  gentle.

4
Social Contracts

• Inventions of men to obligate one another
• Did you sign the social contract?

5
Origin of Social Obligations

• Not a contract, implied or otherwise
• If one receives benefit of society one is
  obligated to society
• Mill agrees with Hobbes and Rousseau about need
  for civility
• He disagrees with them about the nature of social
  obligations

6
Law and Self-Protection

• Is the purpose of the law to provide protection
  to the individual? If so how is the individual
  protected?
• If everyone is protected by the law is the
  purpose of the law still to protect the
  individual? How so?

7
Analysis of Mill So Far

• Is his approach to social obligation rational or
  irrational?
• Which of the Six Concepts of Law does this
  relate?
• How can Mills thinking be identified?

8
Six Concepts of Law

• Formation of the Law
• Focal Point of the Law
• Formation of the Law
• Application of the Law
• Rationale of the Law
• Discretion within the Law

9
Six Concepts of Law

• Foundation of the Law
• Public Morality v Private Morality
• Focal Point of the Law
• Product V Process
• Formation of the Law
• Irrational v Rational
• Application of the Law
• Rational v Irrational
• Rationale of Law
• Enforce Morality v Protect Rights
• Discretion within the Law
• Discouraged v Required

10
Law as Self-Protection

• How does the law protect you as an individual?
• If the law protects are individuals, is it
  protecting the individual or the the society in
  which people live?