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.     

New conceptions of transcendence in the thought of the British idealists

ABSTRACT

British Idealism was the philosophical school which dominated during the last quarter of the nineteenth century. Using the ideas of Bernard Bosanquet, John Caird and Andrew Seth Pringle-Pattison as an illustration, this paper looks at some of the ways in which the British Idealists sought to develop new and more subtle conceptions of the transcendent, able to resist the corrosive effects of late nineteenth-century critical and naturalistic thinking. The paper concludes by looking at three fields – philosophy, theology and literature – in which it is possible to discern the ongoing influence into the first half of the twentieth century of their efforts.     

“Inhabitants of rustic parts of the world”: John Locke’s collection of drawings and the Dutch Empire in ethnographic types

This article analyses a collection of 26 watercolour drawings which portray ethnographic types from the Americas, Asia, and Africa. These drawings, presently kept at the British Library, were made for John Locke by his servant Sylvester Brounower during Locke’s exile in the Netherlands in the 1680s.     

Eavesdropper on the Past: John W. Burrow (1935–2009), Intellectual History and Its Future

Summary

Focused on the much-debated historiographical and academic status of intellectual history, this article addresses for the first time and in detail the methodological views of the British historian John Wyon Burrow (1935–2009). Making use both of his published works and of unpublished material left to the University of Sussex Library (including lectures, letters, academic projects and biographical sketches), its goal is to provide a thorough account of an original and eclectic intellectual historian and, at the same time, cast new light on the role of the discipline in the scholarly context of the last few decades in Europe and the US. More specifically, the following pages will illustrate Burrow's work and career, with particular attention being paid to his insistence on narrative, imagination, irony and style; present his writings as an original instance of the anti-methodological practice of intellectual history; and study his opinions of what it means to carry out the métier d'historien. Finally, by examining Burrow's idea of the intellectual historian as a creative ‘eavesdropper’ on the ‘conversations of the past’ and as a ‘translator’ of past dialogues, this article will both pose some central questions and advance some proposals concerning the future of intellectual history.     

Superstitionis Malleus: John Toland,Cicero, and the War on Priestcraft in Early Enlightenment England

Summary

This paper explores the role of the Ciceronian tradition in the radical religious discourse of John Toland (1670–1722). Toland produced numerous works seeking to challenge the authority of the clergy, condemning their ‘priestcraft’ as a significant threat to the integrity of the Commonwealth. Throughout these anticlerical writings, Toland repeatedly invoked Cicero as an enemy to superstition and as a religious sceptic, particularly citing the theological dialogues De Natura Deorum and De Divinatione. This paper argues that Toland adapted the Ciceronian tradition so that it could function as an active influence on the construction of his radical discourse. First, it shows that Toland championed a particular interpretation of Cicero's works which legitimised his use of Cicero in this rational context. Then, it shows the practical manifestations of this interpretation, examining the ramifications for how Toland formed three important facets of his campaign against priestcraft: his identification of priestcraft as a superstition; his argument for a rational religion in which priestcraft could play no role; and his portrayal of anticlericalism as a service to the Commonwealth.     

Christianity in the Gulf during the first centuries of Islam

This article re-examines the ceramics of SBY-9, a church and monastery site on the island of Sir Bani Yas, Abu Dhabi emirate, U.A.E. It then explores other archaeological evidence for Christianity in the Arabian Gulf and compares it to the textual data, resulting in a reconsideration of the history and activities of the Church of the East. The pottery of SBY-9 indicates that the monastery complex was occupied some time between the second half of the seventh century and the mid-eighth century AD and not, as previously believed, the sixth–seventh centuries AD. Other excavated churches and monasteries in the Gulf region should also be redated to the eighth and ninth centuries AD (al-Qusur, Kharg). These findings cast a new light on the history of Christianity in the Arabian Gulf after the Muslim conquest.     

The Politics of Chivalry: Sir Robert Walpole,the Duke of Montagu and the Order of the Bath

This article explores the complex circumstances surrounding the foundation of the order of the Bath in 1725, and seeks to correct the commonly‐held view that it was initiated by Walpole simply to augment the patronage available to his supporters in parliament. The proposal for a new order of chivalry based on the medieval ‘knighthood of the bath’ in fact emanated from the court, having been prompted by one of its central figures, the duke of Montagu. Walpole and his colleagues were by no means oblivious to the practical political value of such a move, but having only lately consolidated their position at court, their main priority was to seize a unique opportunity to flatter the new royal dynasty and garner popularity for it through the medium of the order's rediscovered history. The ministers selected the order's 36 founder‐knights with considerable input from senior courtiers, but ensured that those nominated were mostly peers and MPs who could evince ministerially useful connections between court and parliament. Though the order was later derided as a symptom of Walpoleian corruption, its foundation can be regarded as something of a turning point in Walpole's rise to power.     

The Fall of Thomas Howard, 1st Earl of Suffolk and the Revival of Impeachment in the Parliament of 1621

The revival of impeachment in 1621 has tended to be viewed exclusively through the prism of parliament. However, this article, which builds on the work of Professor Allen Horstman, suggests that a key factor in impeachment's revival was the dismissal of Lord Treasurer Suffolk for corruption in 1618. Suffolk's removal caused widespread disquiet, since it was assumed that senior officials held office for life. In order to silence these criticisms it proved necessary for the king not only to put Suffolk on trial but also to justify by precedent the lord treasurer's removal. This latter task was performed by the former lord chief justice, Sir Edward Coke, himself not long disgraced, whose researches in the medieval parliamentary record revealed the following year that errant crown ministers had hitherto been held to account by means of impeachment. Coke subsequently put this discovery to good effect when parliament met in 1621. Against the backdrop of mounting criticism against his hated rival, the lord chancellor, Francis Bacon, Coke revealed the existence of impeachment to the house of commons, whose attention was then focused on finding a way to punish the monopolists, Sir Giles Mompesson and Sir Francis Michell. In so doing, Coke not only aided the lower House, which had been struggling since 1610 to find a way of punishing non‐members, but also sought to settle an old score.     

“This Remarkable Piece of Antiquity”: Epic Conventions in Shelley’s Oedipus Tyrannus; or,Swellfoot the Tyrant

ABSTRACT

Shelley’s Swellfoot the Tyrant has recently begun to gain the concerted attention of critics, who have noted the play’s signature blend of low and high, of ephemeral, late Regency politics with the classic genres of Sophoclean tragedy, Aristophanic comedy, and mock epic. But Austin Warren’s famous and widely accepted definition of mock epic as “not mockery of the epic but elegantly affectionate homage, offered by a writer who finds [the serious epic] irrelevant to his age” does not describe Shelley’s earnest goal of immediate political reform in authoring Swellfoot. Instead, the play evinces Shelley’s unique, conscious reconfiguration of four conventions characteristic of the high, classical epic: the “prosperous breeze”; the epic simile; katabasis or descent into the underworld; and divine intervention. I argue that Shelley’s comic adaptation of these epic conventions reflects his serious aim of helping effect reform through Swellfoot and embodies his absorption of the concept of Shakespeare’s history plays as an experimental hybrid of dramatic forms with epic subjects, gained during his earlier reading of A. W. Schlegel’s Lectures on Dramatic Art and Literature. Though the immediate suppression of Swellfoot prevented its relevance in its own historical moment, it comprises a singular hybrid of Aristophanic satire and Sophoclean tragedy with high epic conventions, while ironically also identifying Shelley as a proponent of the French neoclassical theory of the epic’s consciously didactic purpose propounded by Le Bossu.     

Maps in Italian atlases of the sixteenth century,being a comparative list of the Italian maps issued by Lafreri,Forlani, Duchetti,Bertelli and others,found in atlases

ABSTRACT

In 1771, Daniel Paterson entered into a publishing agreement with the bookseller Thomas Carnan to print and publish a travel itinerary known as Paterson’s Roads. This book was to become the most enduringly popular practical road book of the period. However, Paterson and Carnan were soon embroiled in litigation. This article examines the legal cases that arose when the geographical information contained in Paterson’s Roads was re-used, and improved upon, in a subsequent publication. It explores the background to the cases, focusing on what they reveal about the inner workings of the book and map trade of the period, as well as considering some of the broader historical ramifications. The article also demonstrates that these cases are of ongoing legal significance because they played an important role in developing some of the doctrines and principles of copyright law that continue to be controversial today.