J S Mill on Representative Government
31st July 2024
This year’s political turbulence has prompted me to revisit the work of one of the founding fathers of western political philosophy: the MP John Stuart Mill. Particularly, his book Considerations on Representative Government. Political institutions, he says, “owe their origin and their whole existence to human will”, and there follows a forensic analysis of the best and most appropriate forms of government, depending on the nature of the people being governed. He settles on the practice of proportional representation as best implementing the idea that everyone should participate in a democracy while protecting social minorities from the tyranny of the majority.
The later chapters of his treatise look in detail at the mechanisms that such a form of government requires. But since, at least in the UK, we haven’t yet reached that form, of greater interest for now are his comments on the limitations that actual human realities place on the development and practice of government. It is fair to say that his prose is, by today’s standards, somewhat turgid and of course, not gender-neutral. I have extracted as much as seems appropriate. In his own words but with my emphasis:
But there are also cases in which, though not averse to a form of government – possibly even desiring it – a people may be unwilling or unable to fulfil its conditions. They may be incapable of fulfilling such of them as are necessary to keep the government even in nominal existence. Thus a people may prefer a free government, but if, from indolence, or carelessness, or cowardice, or want of public spirit, they are unequal to the exertions necessary for preserving it; if they will not fight for it when it is directly attacked; if they can be deluded by the artifices used to cheat them out of it; if by momentary discouragement, or temporary panic, or a fit of enthusiasm for an individual, they can be induced to lay their liberties at the feet even of a great man, or trust him with powers which enable him to subvert their institutions; in all these cases they are more or less unfit for liberty: and though it may be for their good to have had it even for a short time, they are unlikely long to enjoy it.
Remind anyone of a certain American former president? “Deluded by the artifices”?
Again, a people must be considered unfit for more than a limited and qualified freedom, who will not co-operate actively with the law and the public authorities in the repression of evil-doers. A people who are more disposed to shelter a criminal than to apprehend him; who … will perjure themselves to screen the man who has robbed them, rather than take trouble or expose themselves to vindictiveness by giving evidence against him; who, … if a man poniards another in the public street, pass by on the other side, because it is the business of the police to look to the matter, and it is safer not to interfere in what does not concern them; a people who are revolted by an execution, but not shocked at an assassination – require that the public authorities should be armed with much sterner powers of repression than elsewhere, since the first indispensable requisites of civilised life have nothing else to rest on. These deplorable states of feeling, in any people who have emerged from savage life, are, no doubt, usually the consequence of previous bad government, which has taught them to regard the law as made for other ends than their good, and its administrators as worse enemies than those who openly violate it. But however little blame may be due to those in whom these mental habits have grown up, and however the habits may be ultimately conquerable by better government yet while they exist a people so disposed cannot be governed with as little power exercised over them as a people whose sympathies are on the side of the law, and who are willing to serve active assistance in its enforcement.
Again; representative institutions are of little value, and may be a mere instrument of tyranny or intrigue, when the generality of electors are not sufficiently interested in their own government to give their vote, or, if they vote at all, do not bestow their suffrages on public grounds, but sell them for money, or vote at the beck of some one who has control over them, or whom for private reasons they desire to propitiate. Popular election thus practised, instead of a security against misgovernment, is but an additional wheel in its machinery.
Chapter 1 : Forms of Government
There may be some examples from recent history in both the UK and the USA that come to mind. To summarize his view:
If we ask ourselves on what causes and conditions good government in all its senses depends, we find that the principal of them, the one which transcends all others, is the qualities of the human beings composing the society over which the government is exercised.
And to amplify:
… we ought not to forget that there is an incessant and ever-flowing current of human affairs towards the worse, consisting of all the follies, all the vices, all the negligences, indolences, and supinenesses of mankind; which is only controlled, and kept from sweeping all before it, by the exertions which some persons … put forth in the direction of good and worthy objects… A very small diminution of those exertions would not only put a stop to improvement, but would turn the general tendency of things towards deterioration; which, once begun, would proceed with increasing rapidity, and become more and more difficult to check, until it reached a state often seen in history, and in which many large portions of mankind even now grovel; when hardly anything short of superhuman power seems sufficient to turn the tide, and give a fresh commencement to the upward movement.
Of what efficacy are rules of procedure in securing the ends of justice, if the moral condition of the people is such that the witnesses generally lie, and the judges and their subordinates take bribes? Again, how can institutions provide a good municipal administration if there exists such indifference to the subject that those who would administer honestly and capably cannot be induced to serve, and the duties are left to those who undertake them because they have some private interest to be promoted? Of what avail is the most broadly popular representative system if the electors do not care to choose the best member of parliament, but choose him who will spend most money to be elected? How can a representative assembly work for good if its members can be bought, or if their excitability of temperament, uncorrected by public discipline or private self-control, makes them incapable of calm deliberation, and they resort to manual violence on the floor of the House, or shoot at one another with rifles? How, again, can government, or any joint concern, be carried on in a tolerable manner by people so envious that, if one among them seems likely to succeed in anything, those who ought to cooperate with him form a tacit combination to make him fail?
Whenever the general disposition of the people is such that each individual regards those only of his interests which are selfish, and does not dwell on, or concern himself for, his share of the general interest, in such a state of things good government is impossible... Government consists of acts done by human beings; and if the agents, or those who choose the agents, or those to whom the agents are responsible, or the lookers-on whose opinion ought to influence and check all these, are mere masses of ignorance, stupidity, and baleful prejudice, every operation of government will go wrong; while, in proportion as the men rise above this standard, so will the government improve in quality; up to the point of excellence, attainable but nowhere attained, where the officers of government, themselves persons of superior virtue and intellect, are surrounded by the atmosphere of a virtuous and enlightened public opinion. The first element of good government, therefore, being the virtue and intelligence of the human beings composing the community, the most important point of excellence which any form of government can possess is to promote the virtue and intelligence of the people themselves... The government which does this the best has every likelihood of being the best in all other respects, since it is on these qualities, so far as they exist in the people, that all possibility of goodness in the practical operations of the government depends.
Chapter 2 : The Criterion of a Good Form
On the "good despot" argument:
It is not much to be wondered at if impatient or disappointed reformers, groaning under the impediments opposed to the most salutary public improvements by the ignorance, the indifference, the intractableness, the perverse obstinacy of a people, and the corrupt combinations of selfish private interests armed with the powerful weapons afforded by free institutions, should at times sigh for a strong hand to bear down all these obstacles, and compel a recalcitrant people to be better governed. But… those who look in any such direction for the realisation of their hopes leave out of the idea of good government its principal element, the improvement of the people themselves... It is true, a despot may educate the people; and to do so really, would be the best apology for his despotism. But any education which aims at making human beings other than machines, in the long run makes them claim to have the control of their own actions...
... which of two common types of character, for the general good of humanity, it is most desirable should predominate - the active, or the passive type; that which struggles against evils, or that which endures them; that which bends to circumstances, or that which endeavours to make circumstances bend to itself. The commonplaces of moralists, and the general sympathies of mankind, are in favour of the passive type. Energetic characters may be admired, but the acquiescent and submissive are those which most men personally prefer. The passiveness of our neighbours increases our sense of security, and plays into the hands of our wilfulness. Passive characters, if we do not happen to need their activity, seem an obstruction the less in our own path. A contented character is not a dangerous rival. Yet nothing is more certain than that improvement in human affairs is the work of the uncontented character; and, moreover, that it is much easier for an active mind to acquire the virtues of patience than for a passive one to assume those of energy.
Remember, in reading the following paragraph, that this was written over 160 years ago.
The striving, go-ahead character of England and the United States is only a fit subject of disapproving criticism on account of the very secondary objects on which it commonly expends its strength. In itself it is the foundation of the best hopes for the general improvement of mankind... Inactivity, unaspiringness, absence of desire, are a more fatal hindrance to improvement than any misdirection of energy; and are that through which alone, when existing in the mass, any very formidable misdirection by an energetic few becomes possible. It is this, mainly, which retains in a savage or semi-savage state the great majority of the human race.
On the benefits of every citizen’s involvement, however small,
in public functions:
What is still more important ... is the practical discipline which the character obtains from the occasional demand made upon the citizens to exercise, for a time and in their turn, some social function. It is not sufficiently considered how little there is in most men's ordinary life to give any largeness either to their conceptions or to their sentiments. Their work is a routine; not a labour of love, but of self-interest in the most elementary form, the satisfaction of daily wants; neither the thing done, nor the process of doing it, introduces the mind to thoughts or feelings extending beyond individuals; if instructive books are within their reach, there is no stimulus to read them; and in most cases the individual has no access to any person of cultivation much superior to his own. Giving him something to do for the public, supplies, in a measure, all these deficiencies… Where this school of public spirit does not exist, scarcely any sense is entertained that private persons, in no eminent social situation, owe any duties to society, except to obey the laws and submit to the government… The man never thinks of any collective interest, of any objects to be pursued jointly with others, but only in competition with them, and in some measure at their expense. A neighbour, not being an ally or associate, since he is never engaged in any common undertaking for joint benefit, is therefore only a rival. Thus even private morality suffers, while public is actually extinct… From these accumulated considerations it is evident that the only government which can fully satisfy all the exigencies of the social state is one in which the whole people participate; that any participation, even in the smallest public function, is useful…
Chapter 3: The Ideally Best Polity
Indifference to politics
is fatal:
In any case in which the attempt to introduce representative government is at all likely to be made, indifference to it, and inability to understand its processes and requirements, rather than positive opposition, are the obstacles to be expected. These, however, are as fatal, and may be as hard to be got rid of, as actual aversion; it being easier, in most cases, to change the direction of an active feeling, than to create one in a state previously passive. When a people have no sufficient value for, and attachment to, a representative constitution, they have next to no chance of retaining it. In every country, the executive is the branch of the government which wields the immediate power, and is in direct contact with the public; to it, principally, the hopes and fears of individuals are directed, and by it both the benefits, and the terrors and prestige, of government are mainly represented to the public eye. Unless, therefore, the authorities whose office it is to check the executive are backed by an effective opinion and feeling in the country, the executive has always the means of setting them aside, or compelling them to subservience, and is sure to be well supported in doing so. Representative institutions necessarily depend for permanence upon the readiness of the people to fight for them in case of their being endangered. If too little valued for this, they seldom obtain a footing at all, and if they do, are almost sure to be overthrown, as soon as the head of the government, or any party leader who can muster force for a coup de main, is willing to run some small risk for absolute power.
Chapter 4: In What Cases is Representative Government Inapplicable
What controls the proper functioning of government?
In the British Constitution, each of the three co-ordinate members of the sovereignty is invested with powers which, if fully exercised, would enable it to stop all the machinery of government. Nominally, therefore, each is invested with equal power of thwarting and obstructing the others: and if, by exerting that power, any of the three could hope to better its position, the ordinary course of human affairs forbids us to doubt that the power would be exercised. There can be no question that the full powers of each would be employed defensively if it found itself assailed by one or both of the others. What then prevents the same powers from being exerted aggressively? The unwritten maxims of the Constitution – in other words, the positive political morality of the country; and this positive political morality is what we must look to, if we would know in whom the really supreme power in the Constitution resides.
Remember the time when Johnson attempted to prorogue
Parliament? In consequence of which, the Supreme Court ruled that “The
decision to advise Her Majesty to prorogue Parliament was unlawful because it
had the effect of frustrating or preventing the ability of Parliament to carry
out its constitutional functions without reasonable justification.”
It is true that a great statesman is he who knows when to depart from traditions, as well as when to adhere to them. But it is a great mistake to suppose that he will do this better for being ignorant of the traditions. No one who does not thoroughly know the modes of action which common experience has sanctioned is capable of judging of the circumstances which require a departure from those ordinary modes of action.
Chapter 5: The Proper Functions of Representative Bodies
Do people, either the rulers or their subjects, act in accordance with their real interest?
[the rulers] are in much the most enviable position, when ruling justly and vigilantly over an active, wealthy, enlightened, and high-minded people. But a king only now and then, and an oligarchy in no known instance, have taken this exalted view of their self-interest: and why should we expect a loftier mode of thinking from the labouring classes? It is not what their interest is, but what they suppose it to be, that is the important consideration with respect to their conduct: and it is quite conclusive against any theory of government that it assumes the numerical majority to do habitually what is never done… by any other depositaries of power – namely, to direct their conduct by their real ultimate interest, in opposition to their immediate and apparent interest.
Everybody has two kinds of interests, interests which he cares for, and interests which he does not care for. Everybody has selfish and unselfish interests, and a selfish man has cultivated the habit of caring for the former, and not caring for the latter. Every one has present and distant interests, and the improvident man is he who cares for the present interests and does not care for the distant. It matters little that on any correct calculation the latter may be the more considerable, if the habits of his mind lead him to fix his thoughts and wishes solely on the former. It would be vain to attempt to persuade a man who beats his wife and ill-treats his children that he would be happier if he lived in love and kindness with them. He would be happier if he were the kind of person who could so live; but he is not, and it is probably too late for him to become, that kind of person. Being what he is, the gratification of his love of domineering, and the indulgence of his ferocious temper, are to his perceptions a greater good to himself than he would be capable of deriving from the pleasure and affection of those dependent on him. He has no pleasure in their pleasure, and does not care for their affection. His neighbour, who does, is probably a happier man than he; but could he be persuaded of this, the persuasion would, most likely, only still further exasperate his malignity or his irritability. On the average, a person who cares for other people, for his country, or for mankind, is a happier man than one who does not; but of what use is it to preach this doctrine to a man who cares for nothing but his own ease, or his own pocket? He cannot care for other people if he would. It is like preaching to the worm who crawls on the ground how much better it would be for him if he were an eagle.
One of the greatest dangers, therefore, of democracy, as of all other forms of government, lies in the sinister interest of the holders of power: it is the danger of class legislation; of government intended for (whether really effecting it or not) the immediate benefit of the dominant class, to the lasting detriment of the whole. And one of the most important questions demanding consideration, in determining the best constitution of a representative government, is how to provide efficacious securities against this evil.
And from hereon in, Mill describes in detail the benefits and mechanisms of truly proportional representation. Bear in mind, again, that he was writing this more than 160 years ago:
Two very different ideas are usually confounded under the name democracy. The pure idea of democracy, according to its definition, is the government of the whole people by the whole people, equally represented. Democracy as commonly conceived and hitherto practised is the government of the whole people by a mere majority of people, exclusively represented. The former is synonymous with the equality of all citizens; the latter, strangely confounded with it, is a government of privilege, in favour of the numerical majority, who alone possess practically any voice in the State. This is the inevitable consequence of the manner in which the votes are now taken, to the complete disenfranchisement of minorities.
In a really equal democracy, every or any section would be represented, not disproportionately, but proportionately. A majority of the electors would always have a majority of the representatives; but a minority of the electors would always have a minority of the representatives. Man for man they would be as fully represented as the majority. Unless they are, there is not equal government, but a government of inequality and privilege: one part of the people rule over the rest: there is a part whose fair and equal share of influence in the representation is withheld from them; contrary to all just government, but, above all, contrary to the principle of democracy, which professes equality as its very root and foundation.
… The constituencies to which most of the highly educated and public spirited persons in the country belong, those of the large towns, are now, in great part, either unrepresented or misrepresented. The electors who are on a different side in party politics from the local majority are unrepresented. Of those who are on the same side, a large proportion are misrepresented; having been obliged to accept the man who had the greatest number of supporters in their political party, though his opinions may differ from theirs on every other point.
… Nothing is more certain than that the virtual blotting-out of the minority is no necessary or natural consequence of freedom; that, far from having any connection with democracy, it is diametrically opposed to the first principle of democracy, representation in proportion to numbers. It is an essential part of democracy that minorities should be adequately represented. No real democracy, nothing but a false show of democracy, is possible without it.
Chapter 7: Representation of Minorities
In a further 10 chapters, Mill considers the more technical issues of how proportional representation should be implemented. As we know, in the UK, national government has never been chosen under this system, although in other western-democratic countries (such as Republic of Ireland, New Zealand, European Parliament and other European countries) as well as parts of the developing world it has, and the system has been improved and expanded in the detail. Although the devolved governments in the UK do use the system, every time a given party achieves a “landslide” majority in a national election there are calls for the system to change, but it is never in the interests of the winner to do this.
Nevertheless, it is striking how accurately he diagnosed the limitations and purposes of forms of government and the need for the depth of people’s participation, and how these aspects still define and mar the existing supposedly democratic governments. Anyone who has a deep interest in the development of these democracies can be recommended to study Mill’s work in the original to gain a fuller insight.