In historical terms, tolerance is a relatively recent invention.
The idea of the “marketplace of ideas” in which truth wins out through competition with error has a strong tradition in the U.S. Suggested in nascent form by Milton and Mill, US Supreme Court decisions appeal to it in free speech decisions, and it frequently appears in commentary and everyday conversations. It continues to hold axiomatic status in the U.S., at least outside of a set of college campuses.
John Stuart Mill is a pretty complicated figure in the history of liberty. The phenomenon of Donald Trump is a pretty complicated development in American politics currently. Both had demanding fathers, successful professional careers, and an impact on the world around them, in ways intended and unintended. It’s doubtful Mr. Trump seriously thought he’d get this far as a candidate, and I wonder if Mill could have envisioned how much his contributions to the history of ideas would have promoted the growing rift between utilitarianism and liberalism.
I am obliged to Patrick Lynch for his thoughtful reply to my four posts concerning drug policy.
Mill’s “very simple principle” is important for two reasons. First: This harm principle is, at least in my experience, adduced quite often in some form or other by those who argue that drugs should be produced, sold, and consumed like any other commodity. In trying to reach this conclusion, advocates are right to quote it because of the second reason: Once the principle is breached, it has been admitted that public authorities, however they are constituted, may legitimately interfere in the matter. This having been conceded, it becomes a question of the best policy to follow, and not one of applying a simple, fundamental, and universal principle to the problem.
There are two main arguments, one philosophical and the other practical, for the legalization of drugs whose consumption is currently prohibited. I will take up the former here, and the latter in a separate post.
One of the great advantages of the ever-increasing plethora of rights conferred upon us by government (except that of keeping the product of our own labor) is that it requires lawyers to adjudicate between them when they conflict, as they so often do. It prevents unemployment among the ever-increasing number of lawyers: and you have only to consider the career of Robespierre to know where the disgruntlement of lawyers may lead.
Christopher Lazarski comes to Liberty Law Talk to discuss his deep inquiry into Lord Acton's attempt to understand the dimensions and nature of liberty as it unfolded in Western history. In this podcast, Lazarski underscores Lord Acton's historical quest to find the conditions of liberty, as well as his formal understanding of what constituted liberty. The conditions of Acton's ordered liberty we can describe as "arbitrary law," national history, and a bottom-up development of positive law. Arbitrary law was Acton's way of describing divine and natural law, which he believed a pillar in support of political liberty because it was law…