Question

Inviolability of individual freedoms in modern liberal states (Constant, Mill, )

B. Constant - The Liberty of Ancients Compared with that of Moderns

J. S Mill - On Liberty

please compare and contrast different arguments/theories, identify the limits/problems of each,

Answer 1

Benjamin Constant arguments for individual freedoms and representative government influenced both classical liberal thought and French politics. “The Liberty of the Ancients Compared to that of the Moderns” (1816), one of Constant’s most important essays, contrasts liberty in ancient times, which meant formal political liberties but no individual rights, with liberty in the modern age, which is centered on respect for individual rights, representative government, the rule of law and the right to engage in commerce. Constant argues that both types of freedom are the surest safeguard against the abuse of power. He also asserts that representative government is the institutional form best suited to ensure freedom and human development. At the dawn of the age of democratic government, Constant’s writing underscored the importance of placing limits on power and of recognizing the inviolable nature of civil and political rights.
All ancient republics were restricted to a narrow territory.

Mill felt that a better system would be where every individual engaged in their own “experiment in living”, without any government interference, so far as it does not harm others. He argued that if each person was free to make his or her own choices it would maximise society’s utility.
The main problem with Mill’s theory, in my view, is vagueness. Mill never explicitly defined what he meant by harm.