In a well-known passage in chapter V of On Liberty, J. S. Mill notes that while economic competition is generally socially beneficial and should be permitted, this “Free Trade” doctrine does not follow from the liberty or harm principle because “trade is a social act.” In a largely overlooked passage in chapter IV of the same essay, however, Mill contends that for society to coercively prohibit the practice of piecework – paying workers by the unit rather than by the hour or day – does violate this principle. In this short note, I demonstrate that Mill's reasoning in these two passages is contradictory.

In 1954 H. L. A. Hart wrote that Austin's work has ‘never, since his death … been ignored’. If it never has been completely ignored, interest in it has periodically waxed and waned. The interest definitely waxed in the 1980s. More books were published about Austin in this period than in any other decade since his death in 1859. Although this literature contains discussions of some of the nineteenth-century responses to his work, they are not the focus of it. Certain of the responses remain completely in the dark, while there is more light to shed on at least some of the others. In short, our knowledge of nineteenth-century interpretations of Austin's legal philosophy is very incomplete.

What justifies differences in the acceptance of paternalism towards competent minors and older people? I propose two arguments. The first argument draws on the widely accepted view that paternalism is easier to justify the more good it promotes for the paternalizee. It argues that paternalism targeting young people generally promotes more good for the people interfered with than similar paternalism targeting older people. While promoting people's interests or well-being is essential to the justification of paternalism, the first argument has certain unfair implications in that it disfavours paternalism towards the worse off. The second argument caters to such fairness concerns. It argues that priority or inequality aversion supports age-differentiated paternalism because young people, who act imprudently and thereby risk their interests or well-being, are worse off than older people who act in similar ways. I suggest that both arguments are pertinent in evaluating specific paternalistic acts and policies.

John Stuart Mill's connection with the Irish question spanned more than four decades and embraced a variety of elements. Of his writings on Ireland, the best known are his forty-three Morning Chronicle articles of 1846–47 composed in response to the Famine, the section of the Principles of Political Economy that treats the issue of cottier tenancy and the problem of Irish land, and, most conspicuous of all, his radical pamphlet England and Ireland, published in 1868. All of these writings take the land question as their paramount concern. The fairly absorbing interest in the subject disclosed by Mill during the second half of the 1840s arose from the fortuitous conjuncture of the disaster unfolding in Ireland and his engagement with the principles of political economy. Between 1848 and 1871 Mill's Principles went through seven editions (excluding the People's edition) and the substantive revisions he made in the section on Ireland from one edition to the next illumine both the essence and the accidentals of his bearing towards that country. Mill's cogent and controversial advocacy of fixity of tenure in England and Ireland constituted the heart of his answer to the Fenian challenge. The land question aside, Mill was drawn into the battle over the Irish university system in the 1860s largely through his friendship with John Elliot Cairnes, professor of jurisprudence and political economy at the Queen's College Galway. On this subject, however, Mill wrote almost nothing for publication. The longest single piece he ever drafted on Ireland was his first, an essay that predated the Morning Chronicle articles by two decades. In his own bibliography this essay is referred to as ‘An article on the Catholic Question which appeared in the Parliamentary Review for 1825’. Although the essay of 1825 could justly have borne the same title as the pamphlet of 1868, the particulars of course differ markedly. Ireland never ceased to pose a question during the course of the nineteenth century, but the dynamics shaping that question changed much between the mid-1820s and the late 1860s. Even so, the 1825 essay prefigures something of Mill's later involvement with the Irish question, and also invites examination as a quite remarkable piece of political journalism from the pen of a young man not yet twenty, who would subsequently establish himself as the most influential thinker of his generation.

Hun Chung argues for a theory of distributive justice – ‘prospect utilitarianism’ – that overcomes two central problems purportedly faced by sufficientarianism: giving implausible answers in ‘lifeboat cases’, where we can save the lives of some but not all of a group, and failing to respect the axiom of continuity. Chung claims that prospect utilitarianism overcomes these problems, and receives empirical support from work in economics on prospect theory. This article responds to Chung's criticisms of sufficientarianism, showing that they are misplaced. It then shows that prospect utilitarianism faces independent problems, since it too requires a threshold, which Chung bases on the idea of ‘adequate functioning’. The article shows that there are problems with this as a threshold, and that it is not empirically supported by prospect theory.

The note claims that Rosen's arguments about distribution and aggregation do not support his central claim, either in their own terms or as a reading of Bentham; and suggests a different account of the relation of the objective to the subjective in Bentham.

The following symposium was featured at the seventy-seventh meeting of the Pacific Division of the American Philosophical Association on the occasion of J. B. Schneewind's retirement from the Chair of the Board of Officers. It was my honour to serve as the chair of this session on 28 March 2003.

This paper argues that James Mill is worthy of greater study than he now receives. It outlines the course of scholarship on James Mill, and considers various hypotheses to explain the decline of interest in his writings. Two examples, in education and penal theory, are presented of cases in which James Mill's views differed significantly from Bentham's, and anticipated those of John Stuart Mill.

Mark Rowlands gives a compelling argument that, if John Rawls's contractarianism is consistently applied, and Rawls's premises fully explained, then we have powerful reasons to believe that representatives behind the Veil of Ignorance should be blind to species membership in the same way that they are blind to economic status and natural talent.1 I argue that even if we suppose this to be correct, these agents would not choose the two principles of justice, but instead ones that more closely resemble utilitarian principles.

According to the influential disrespect account of what paternalism is, and why it is wrong, paternalism involves an anti-egalitarian, disrespectful attitude on the part of the paternalist: X (the paternalist) assumes an attitude of superiority when interfering in Y's matters for Y's good. Pace this account, the article argues that an important, although somewhat overlooked, form of paternalism is not, all things considered, insulting. This form of paternalism focusses on people's occasional lack of appropriate self-respect or their failure to see themselves as equals or to stand vis-à-vis others as such.

John Stuart Mill's defense of freedom of discussion in On Liberty remains a major influence on philosophical and public debates about free speech. By highlighting underappreciated textual evidence and key distinctions, this introduction attempts to show how the contributions of the symposium authors – Melina Constantine Bell, Rafael Cejudo, Christopher Macleod, and Dale E. Miller – point toward a more complete account of Mill's views.

I point out an odd consequence of the role that broadly pragmatic considerations regularly (and reasonably) play in determining moral demands. As a result of the way in which moral demands are formed, it turns out that people will frequently become morally good in a strange and rather dubious way. Because human beings are not very good, we will lower our moral demands and, as a result, most people will turn out, in an important sense, to be morally good. Our relative badness, by giving us good reasons to limit moral demands, makes us morally good.