The significant influence of John Stuart Mill’s work, On Liberty(1859), is not limited in Anglo-American literature as it gained international recognition. The aim of this article is to revisit the concept of liberty in Mill’s On Liberty from the perspective on constitutional rights. In ChapterⅠ, the argument begin, by asserting the reason On Liberty is of a value even in Korea in the 21st century, while Mill was the leading political thinker of the ‘New Liberalism’ in Britain in the 19th century. In Chapter Ⅱ, I examine the meaning of his self-regarding/other-regarding distinction. I think that the distinction corresponds to the dichotomy of individual/society, and by society it includes the concept of state(that is, broad sense of society=state+narrow sense of society). In my view, the basic purpose of this distinction was to defend individual freedom against society. In Chapter Ⅲ, I examine Mill’s ‘principle of liberty’ and lists of liberty. Firstly, I challenge the validity of the principle of liberty -that individual liberty may not be restricted except to harm to others. Secondly, Mill’s lists of liberty mainly comprise “the inward domain of consciousness(liberty of conscience, liberty of thought and feeling, and liberty of expressing and publishing opinions),” “liberty of tastes and pursuits” and “liberty of combination among individuals.” In Chapter Ⅳ, as I try to extract Mill’s constitutional concept of liberty from above-mentioned argument, my attention was directed to Berlin’s account- negative/positive liberty. I contend that Mill’s constitutional concept of liberty is the combination of the negative/positive liberty. Though it is partially true that Mill’s works and principle of liberty did not succeed, I believe that his suggestions for “individual freedom” against “tyranny of the majority” are still in effect in the present days. Furthermore, his methodological approach that covers the sphere of principle and its applications sets a good example for the constitutional rights discourse. Therefore, in conclusion, I suggest that we answer the questions posed by Mill in On Liberty in order to solve the constitutional problems in Korean context.

The significant influence of John Stuart Mill’s work, On Liberty(1859), is not limited in Anglo-American literature as it gained international recognition. The aim of this article is to revisit the concept of liberty in Mill’s On Liberty from the perspective on constitutional rights. In ChapterⅠ, the argument begin, by asserting the reason On Liberty is of a value even in Korea in the 21st century, while Mill was the leading political thinker of the ‘New Liberalism’ in Britain in the 19th century. In Chapter Ⅱ, I examine the meaning of his self-regarding/other-regarding distinction. I think that the distinction corresponds to the dichotomy of individual/society, and by society it includes the concept of state(that is, broad sense of society=state+narrow sense of society). In my view, the basic purpose of this distinction was to defend individual freedom against society. In Chapter Ⅲ, I examine Mill’s ‘principle of liberty’ and lists of liberty. Firstly, I challenge the validity of the principle of liberty -that individual liberty may not be restricted except to harm to others. Secondly, Mill’s lists of liberty mainly comprise “the inward domain of consciousness(liberty of conscience, liberty of thought and feeling, and liberty of expressing and publishing opinions),” “liberty of tastes and pursuits” and “liberty of combination among individuals.” In Chapter Ⅳ, as I try to extract Mill’s constitutional concept of liberty from above-mentioned argument, my attention was directed to Berlin’s account- negative/positive liberty. I contend that Mill’s constitutional concept of liberty is the combination of the negative/positive liberty. Though it is partially true that Mill’s works and principle of liberty did not succeed, I believe that his suggestions for “individual freedom” against “tyranny of the majority” are still in effect in the present days. Furthermore, his methodological approach that covers the sphere of principle and its applications sets a good example for the constitutional rights discourse. Therefore, in conclusion, I suggest that we answer the questions posed by Mill in On Liberty in order to solve the constitutional problems in Korean context.

John Stuart Mill, Liberty, On Liberty, Principle of Liberty, Negative/Positive Liberty, Freedom as Individual Autonomy