Mark S. Weiner

Archive for March, 2016|Monthly archive page

John Stuart Mill and the Rule of the Clan in Sweden

In Freedom of speech, Individualism, Race, Rule of the Clan, Sweden on March 26, 2016 at 11:41 am

Two items were published this week that brought me away from thinking about documentary film and back to The Rule of the Clan.

The first was a blog post titled “Why Libertarians Should Champion Social Liberty,” by Jerry Taylor of the Niskanen Center. Taylor advances a position that at first glance seems to run counter to core libertarian principles: he argues that “freedom is advanced by [government] preventing private racial discrimination.” This view is anathema to many libertarians, Taylors notes, who believe that government action to prevent private discrimination is “flatly immoral no matter how well-intentioned or worthwhile the consequences might be.”

But Taylor suggests that this is a misunderstanding of the libertarian tradition—one of whose patron saints, John Stuart Mill, had this to say in the first chapter of On Liberty:

Like other tyrannies, the tyranny of the majority was at first, and is still vulgarly, held in dread, chiefly as operating through the acts of the public authorities. But reflecting persons perceived that when society is itself the tyrant—society collectively, over the separate individuals who compose it—its means of tyrannizing are not restricted to the acts which it may do by the hands of its political functionaries. Society can and does execute its own mandates: and if it issues wrong mandates instead of right, or any mandates at all in things with which it ought not to meddle, it practises a social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself.

Protection, therefore, against the tyranny of the magistrate is not enough: there needs protection also against the tyranny of the prevailing opinion and feeling; against the tendency of society to impose, by other means than civil penalties, its own ideas and practices as rules of conduct on those who dissent from them; to fetter the development, and, if possible, prevent the formation, of any individuality not in harmony with its ways, and compel all characters to fashion themselves upon the model of its own. There is a limit to the legitimate interference of collective opinion with individual independence: and to find that limit, and maintain it against encroachment, is as indispensable to a good condition of human affairs, as protection against political despotism.

Taylor then goes on to suggest—here’s the kicker—that “Mill’s heir on this matter might well be Mark Weiner.”

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A River Runs Through It

In Aesthetics, Aesthetics, narrative, form, Austria, Guest Posts, Video on March 1, 2016 at 8:13 pm

I have a guest post today on Environment, Law, and History discussing my latest video. Thanks to editor David Schorr for giving me the chance to contribute again to his blog. David directs the Berg Institute for Law and History and the Law and Environment Program at the Buchmann Faculty of Law at Tel Aviv University.