is so colored by sentiment that it may well happen
that two shall agree on the thing, and fight to the
death about the word. We need the support of
such reflections when we recall the history of such
a word as “pleasure.” To pursue pleasure,
say the anti-utilitarians, is a swinish doctrine.
“Yes,” replied Mr. Mill, “if men
were swine, and capable only of the pleasures appropriate
to that species of animals.” Those who
could not answer this argument, and at the same time
cannot divest themselves of the association of pleasure
with the ignoble, took refuge in the charge of inconsistency,
and, finding there was not less but more nobility
in Mr. Mill’s writing than their own theory,
accused him of abandoning the tradition of his school.
Mahomet would not go to the mountain, and they pleased
themselves with the thought that the mountain had gone
to Mahomet. Such a charge is really tantamount
to a confession that popular antipathy was more easily
excited by the word than by the real doctrine.
Nevertheless Mr. Mill did an incalculable service in
showing not less by his whole life, than by his writings,
that utilitarianism takes account of all that is good
in man’s nature, and includes the highest emotions,
as well as those that are more commonplace. He
took away a certain reproach of narrowness, which
was never in the doctrine, and which was loudly, though
perhaps with little reason, urged against some of
its most conspicuous supporters. An important
addition to the theory of morals is also contained
in the book on “Utilitarianism.”
His analysis of “justice” is one of the
happiest efforts of inductive definition to be found
in any book on ethics. From any point of view,
it must be regarded as a valuable addition to the
literature of ethical philosophy.
The somewhat technical subject of jurisprudence was
not too much for Mr. Mill’s immense power of
assimilation. One of his earliest efforts was
as editor of Bentham’s “Rationale of Judicial
Evidence.” He must, therefore, at an early
period, have been master of the most original and
enlightened theory of judicial evidence that the world
has seen. He lived to see nearly all the important
innovations proposed by Bentham become part and parcel
of the law of the land; one of the last relics of
bigotry—the exclusion of honest atheists
(and only of such) from the witness-box—having
been removed two or three years ago. Mr. Mill,
in after years, attended Austin’s famous lectures
on jurisprudence, taking extensive notes; so that
he was able to supply the matter wanting to complete
two important lectures, as they were printed in the
first edition of Austin’s works. Among the
“Dissertations and Discussions,” is a criticism
of Austin’s work, which shows that he was far
more than a scholar,—a most competent judge
of his master. He pointed out in Austin’s
definition of “right” a real defect.
One of the points that Austin elaborated most was a
classification such as might serve for a scientific
code of law. Mr. Mill fully acknowledged the
merits of the scheme, but laid his finger unerringly
on its weakest part. His remarks show, that, if
he had followed up the subject with an adequate knowledge
of any good system of law, he would have rivalled
or surpassed his achievements in other departments
of knowledge.