Theories of economic justice are characteristically based on abstract ethical concerns often unrelated to practical distributive results. Two decades ago, Rawls's theory of justice began as a reaction against the alleged ‘sacrifices’ condoned by utilitarian theory. One variant of this objection is that utilitarianism permits gross inequalities, severe deprivations of individual liberty, or even the enslavement of society's least well-off individuals. There are, however, more subtle forms of the objection. In Rawls, it is often waged without any claim that utilitarianism does in fact imply such gross deprivations in actual realworld circumstances. A second variant hinges, rather, on the milder claim that utilitarianism could condone such deprivations or sacrifices in some possible world—the objection being that utilitarianism improperly makes justice contingent, or uncertain, in this way. A third, still more abstract, variant would be that utilitarianism is flawed—not because of any practical distributive result, actual or hypothetical, but in theory—due to the way it treats individuals' interests, or the ‘concept of persons’ it presupposes.

… the supreme end, the happiness of all mankind (Kr V A851/NKS 665).

The law concerning punishment is a Categorical Imperative; and woe to him who rummages around in the winding paths of a theory of happiness, looking for some advantage to be gained by releasing the criminal from punishment or by reducing the amount of it (Rl. A196/B226, 6:331; Ladd, 100).

The ‘modern’ natural law philosophers of the seventeenth century believed that conflict was an unavoidable concomitant of human intercourse, rooted in our nature. They understood the normative laws of nature as serving the purpose of setting the limits within which conflict is compatible with lasting social cooperation, thus showing, in effect, how warfare can be turned into competition. The natural lawyers were interested primarily in legal and political problems, not in ethics. But in order to provide reasoned approaches to immediate practical issues, they had to move to a level of abstract theorizing at which philosophical claims about morality were unavoidable. Natural law theory with its understanding of the central underlying problem of human sociability dominated seventeenth-century practical philosophy, and the solutions its various proponents offered generated many of the central concerns of what we know as moral philosophy.

We all ‘know’ that public opinion came to prominence in the political vocabulary of the late eighteenth century. It may be that this dates its rise a bit late, but it is not relevant to argue the matter here. My concern is rather that we be equally aware of the purposes for which people made use of the concept. Here I wish to consider various possible contexts for speaking or writing of public opinion, or ‘opinion’, as it was usually called prior to the mid-eighteenth century. It may be possible to define, more fully than heretofore, the work that the expression did in eighteenth-century thought. As contemporary students of public opinion have been learning, an answer to this question may not even be wholly irrelevant to the task of specifying the nature of public opinion in our own time.

My object in this paper is to suggest a few reflections on some themes in Bentham's work which others as well as (and even more than) I have noted, without perhaps developing them as fully as might with advantage be done. There will be nothing like full development in the limited compass of what is said here, but what is said may at least indicate possible directions for further exploration. The greater part of the paper will be concerned with the notion of natural authority; but I want to begin by taking a broader, though no doubt rather superficial, view of the role in Bentham's thinking of the concepts of ‘nature’ and ‘the natural’.

Why did Hume drop sympathy as a key concept of his moral philosophy, and why—on the other hand—did Smith make it into the ‘didactic principle’ of his Theory of Moral Sentiments? These questions confront us with the basic issue of ethical theory concerning human nature. My point in dealing with these questions is to show what views of human nature their respective choices involved. And my procedure will be to take a close look at the revisions they made to their ethical theories to bring out the contrasting aspects of their views of human nature.

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.

It is a commonplace of British History that following the onset of the French Revolution and the publication of Burke's Reflections on the Revolution in France a widespread debate on political principles took place. The ‘debate on France’—the trial of the French Revolution before the enlightened and independent tribunal of the English public, as James Mackintosh referred to it,—was, according to Alfred Cobban, ‘perhaps the last real discussion of the fundamentals of politics in this country’.

The moral and political thought of Herbert Spencer is usually associated with some form of evolutionism. This is unsurprising, since Spencer himself thought of his ideas as founded on evolutionary theory. But it is regrettable, because no one believes in Spencer's form of evolutionism any more, and even if they did, they would not think that it supported his views in the way that he confidently believed. And so Spencer has been largely neglected since his death. His libertarianism is thought to be without foundation, and so few have thought it worth study. But in this paper I try to show that Spencer's moral and political conclusions can be based on some of the non-evolutionary arguments that he offered. Although these arguments are not entirely compelling, they have force in a way that his evolutionary claims do not.

John Maynard Keynes, in a biographical essay that is as remarkable for the insight it provides into his own thinking as for what it says about its subject, described the trajectory of Malthus's intellectual career as follows: ‘from being a caterpillar of a moral scientist and chrysalis of an historian, he could at last spread the wings of his thought and survey the world as an economist’. Malthus himself had resisted this conclusion in the introduction to his Principles of Political Economy — meant as a riposte to David Ricardo's way of proceeding — when he stated that ‘the science of political economy bears a nearer resemblance to the science of morals and politics than to that of mathematics’. For understandable reasons, however, some modern economists find Keynes's characterization more attractive, particularly when it also allows them to regret the fact that the free flight of the positive economist in Malthus was often impeded by historical and moral residues left over from earlier existences. By adopting this position they are able to discount awkward problems relating to the historical origins and professional identity of their discipline — those problems connected with Malthus's religious beliefs and theological standpoint that have to be confronted when his explicit claims as a Christian moral scientist are taken seriously. Lack of sympathy on the part of economists when faced with the moral and theological dimensions of Malthus's writings has a long history that goes back to Ricardo, who criticized his friend's confusion, as he saw it, of moral and economic considerations. James Mill, as always, was more outspoken in regretting the intellectual fetters that inevitably went with Malthus's clerical status. Some economic demographers, in modern times, have also criticized Malthus for intermingling ‘moralistic and scientific aims almost inextricably’, thereby imparting what they regard as an untestable or tautological air to his exposition of the population principle.

An argument has been made for identifying Mill as an individualistic thinker. Certainly, A System of Logic (1843) develops views, such as methodological individualism and a conception of the ‘art of life’, which portray persons as having unique essences that, when supported by autonomous choices with respect to life experiments, reveal their individuality. These views are at least loosely applied in later works. Principles of Political Economy (1848) treats economic aspects of social life frequently in terms consistent with those of classical economists for whom the self-interested actions of individuals achieve economic growth. On Liberty (1859), the flagship volume in this view, and, less centrally, The Subjection of Women (1869) provide impressive testimony for an individualistic way of life in terms of its contributions to social progress. Considerations on Representative Government (1861) examines means for institutionalizing an individualistic way of life. And Utilitarianism (1863) provides a basis for justifying an individualistic view of this social programme: more satisfaction of individual desires. But such an account, Mill's own assessment notwithstanding, would be unsatisfactory.