Nudges and the limits of appropriate interference: reading backwards from J.S. Mill’s harm principle to Jeremy Bentham’s indirect legislation

ABSTRACT

The starting point of the present paper is the nudge phenomenon. The most disturbing element of nudge is its potential for individual manipulation, that is, for relying on initiatives that go beyond the acceptable limits of interference in individual choice. This feature is not ignored by nudge advocates, who discuss it extensively to justify the overriding benefits of such initiatives. In this discussion, they acknowledge the seminal importance of J.S. Mill’s harm principle, which is introduced in On Liberty. Academics without hidden agendas must look into Mill’s theories from an intellectual history perspective and study to what extent Mill’s harm principle lends support to the interference of government and society in private lives. This paper first unveils some contradictions in the interpretation of Mill’s harm principle in order to show that it is an unlikely source of philosophical justification for nudge proponents. The paper argues further that Mill was familiar with Jeremy Bentham’s writings on indirect legislation, presented in the Traités de legislation civile et pénale. It pinpoints elements of indirect legislation that are discussed by Mill in On Liberty, without ever naming them as such. The paper contends that Mill’s presentation of the harm principle can be read as a discussion with Bentham in relation to the appropriate limits of government intervention in people’s lives. This double reading of Mill and Bentham through the lens of indirect legislation makes it possible to pinpoint the main differences between the authors as regards the appropriate degree of government interference. Bentham’s theories appear to be a more appropriate source of philosophical justification for the use of nudges than Mill’s harm principle.     

J.S. Bach’s St. Matthew Passion and intellectual history

ABSTRACT

Recent thinking about Intellectual History has moved beyond studying only verbal texts, to encompass other kinds of visual and aural texts that can be vehicles for generative thought. Where might music fit into this expanded conception? If ideas are defined purely as concepts that can be expressed in words, music can be no more than an “epiphenomenon”, a consequence or representation of ideas that lie behind it, but not capable of embodying those ideas in itself. Yet to many musicians, it seems obvious that music can function as a way in which ideas are developed and worked out. What kinds of knowledge might be embodied in music, then, and how do its meanings change over time? In this paper, I examine some of these issues through consideration of one of the key texts of Western art music, J.S. Bach’s St. Matthew Passion, exploring how it was conceived in a liturgical context in Bach’s time, how its meaning changed when transposed to the very different milieus of concert performance in nineteenth-century Berlin and colonial Sydney, and as it has been re-imagined in a variety of recent staged and recorded versions.     

S. Weir Mitchell’s Prose and Poetry on the American Civil War

The prose and poetry of S. Weir Mitchell (1829–1914) – related to the American Civil War – encompass a very significant portion of his non-medical writings. The Civil War, more than any other single event, shaped his future career as one of the founders of American neurology. Indeed, it should not be surprising how the war was also such a driving force in his non-medical writings. His novels, once widely read, now are scarcely noted. His accounts of the social, political and economic events of the Civil War are of historical interest to students of the period. Neuroscientists as a group, like others, are apt to be unfamiliar with these writings, with the possible exception of “The Case of George Dedlow.” A major purpose of this essay is to introduce readers, especially neuroscientists, to Weir Mitchell’s fictional works in which neurological cases so often appear. One appreciates more the medical aspects of his novels, written as they were by a first-hand observer. His non-medical writings, poetry and prose, are to a large extent timeless and can be appreciated by today’s readers.     

The British Archaeological Association and the Genesis of J. C. Bruce’s The Roman Wall

On 31 July 1849, John Collingwood Bruce gave a lecture on Hadrian’s Wall at the British Archaeological Association’s annual Congress in Chester. This was his first lecture outside his native North-East on the subject on which he was soon to become the leading authority. Two primary accounts of the occasion survive, but are contradictory in several details. These contradictions are explored, the accuracy of the account in the JBAA upheld and the importance of the occasion emphasised.     

Walter the Chancellor on Ilghazi and Tughtakin: a prisoner’s perspective

This article concerns two leading Turkish rulers, active in the Near East during the crusading era: Tughtakin of Damascus and Ilghazi of Mardin. They were important commanders, but the surviving sources create difficulties when outlining the contours of characters and cultural perspectives. Muslim authors typically present them as idealised Islamic rulers and yet it is difficult to accept such stereotyped portraits. This article sheds new light on these men, seeking to understand how far they had transitioned from the steppe culture of their forefathers into a more distinctively Islamic mould. It focuses in particular on the Antiochene chronicle written by Walter the Chancellor. He witnessed both rulers at first hand when he was their prisoner in Aleppo in 1119, an experience which left him deeply scarred. This is tainted evidence, yet it will be shown that many of Walter’s observations also provide invaluable insights that deserve to be taken seriously.     

A forward strategy of freedom in the Middle East: US democracy promotion and the ‘war on terror’

Following the 11 September terrorist attacks, a belief has emerged that one of the root causes of Islamic extremism lies in the repressive nature of the regimes that populate the Middle East. Thus the spread of democracy has become a major component of the Bush administration's ‘war on terror’ Previously dismissed as Wilsonian idealism, the promotion of democracy is now considered a strategic necessity to address the threat posed by terrorism. Despite the significant role democracy promotion has played in the present foreign policy of the United States, the focus has tended to be on the more controversial policies of preventive warfare and coalitions of the willing. The purpose of this article is to help rectify this imbalance by examining the role the promotion of democracy plays within the current administration's foreign policy in the Middle East. It considers the logic behind America's ‘forward strategy of freedom’ in the Middle East as well as the likelihood of this strategy succeeding.     

The colour of the facades in Siena’s historical centre: I. Glazings (calcium oxalate films s.s.) and other finishes on the stone materials of the Cathedral’s main facade

This paper focuses on the long-debated topic of the so-called calcium oxalate films: their origin and meaning but also their age and original appearance. The restoration of the main facade of the Siena Cathedral provided a unique opportunity to this end, thanks to the possibility of an extensive and detailed sampling and (as rarely happens) a sufficiently accurate historical knowledge of the construction vicissitudes. This work, mainly based on a polarising microscopy study (coupled with X-ray diffraction and SEM-EDS analyses) of over a thousand thin and ultra-thin sections of 400 microsamples, demonstrates that the current relicts of films are the result of alteration and decay of ancient treatments. In most cases, these were linseed oil-based glazings (the use of this substance is confirmed by historical documents) and pigments. Their role was essentially aesthetic; their use dates the beginning of the fourteenth century and continued at least until the eighteenth century.

Matters of Sex and Gender in F. J. Gall’s Organology: A Primary Approach

The originator of phrenology, F. J. Gall (1758–1828), saw himself as a natural scientist and physiologist. His approach consisted of brain anatomy but also of palpating skulls and inferring mental faculties. Unlike some of the philosophical principles underlying Gall’s work, his conception of sex/gender has not yet been examined in detail. In this article, I will focus on Gall’s treatment of men and women, his idea of sex differences, and how far an assumed existence of dichotomous sexes influenced his work. In examining his primary writings, I will argue that Gall held some contradictory views concerning the origin and manifestation of sex/gender characteristics, which were caused by the collision of his naturalistic ideas and internalized gender stereotypes. I will conclude that Gall did not aim at deducing or legitimizing sex/gender relations scientifically, but that he tried to express metaphysical reasons for a given social order in terms of functional brain mechanisms.     

‘It’s the best place on Earth’: Newfoundland women’s outmigration,diaspora and the myth of return*

This article explores Newfoundland women’s experiences of outmigration as a gendered process of displacement. Experiences of displacement can provide significant insight into Newfoundland and Labrador’s fractured political relationship with the nation of Canada. This article argues that Newfoundland outmigration must be viewed through the lenses of diaspora and intersectionality, as nationalist sentiment and the province’s peripheral place within Canada affect women’s experiences of outmigration. Tensions shaped by gender, ethnicity and socio-economic status affect their ability to integrate into Canadian society and influence their decisions about returning home.     

Hidden footnotes: J.A. Smith,R.G. Collingwood and Croce’s conception of history

This article examines the role J.A. Smith played in introducing Croce’s conception of history into British philosophy. In particular, it examines his influence on R.G. Collingwood’s incorporation of the Italian idealist conception of history into his own philosophy. The contentions that Smith was a key popularizer of Italian idealist ideas into Britain and that he helped to shape Collingwood’s intellectual developed is not new. Yet these interrelated topics have not been explored in any great depth. Collingwood’s own reticence over his intellectual debt to Smith, a lack of interest in Smith and an unfamiliarity with his philosophy have all contributed to this neglect. This article seeks to redress this neglect through analysing how Smith nurtured Collingwood’s adoption of a Crocean conception of history. To achieve its aim, this article first analyses Smith’s own reception of Croce’s conception of history. From this, it presents a contextualist analysis of Collingwood’s development of a Crocean conception of history and the role Smith played in its adoption. Finally, this article examines why, despite Smith’s influence over his intellectual development, Collingwood failed to acknowledge the intellectual debt he owed to Smith.     

‘It’s a different time. It’s a different era. It’s a different place’: the Legacy of Vietnam and Contemporary Memoirs of the Wars in Iraq and Afghanistan

Abstract

This article examines censorship of US journalists in World Wars I and II and the Korean War, Vietnam War, and Persian Gulf War, and from war to war, trends in types of censored information. This article also answers whether any censorship has avoided bloodshed or been legitimate, and concludes by examining how, in any future US wars, the government or military could most legitimately ensure safe reporting.