The Harm Principle
This becomes problematic when people opposed to this particular notion argue against it: 1. Who is this free rational human being who is making these free choices to promote liberty? Historically, this was a white male of a certain age and class – the fully emancipated human. The 'individual' did not represent the majori…
Harm Principle
The harm principle is a concept in political philosophy which states that the actions of individuals should only be limited to prevent harm to other individuals. It holds that the state has no right to prevent actions that do not directly harm others, even if those actions are considered unethical or immoral by the majority.
Northwestern University Political Philosophy Conference
Mill's harm principle does not allow for state interference whenever an individual's action will result in harm in the ordinary sense. His rule-utilitarianism demands that the action in question belong to that class of actions that generally tends to cause harm. The harm must, moreover, be felt by someone other than the agent. Mill
Mills Harm Principle
Mills Harm Principle. he harm principle, which seeks to express this crucial qualifier of traditional Hobbesian libertarianism, appears in John Stuart Mill's philosophical work, 'On Liberty', first published in 1859.
The Harm Principle and the Nature of Harm
Arguments for restricting the state from exercising power over individuals in the society often appeal to the so-called Harm Principle.1According to this principle, commonly attributed to …
The current state of development of the no significant harm principle
The duty to prevent significant transboundary harm remains a cornerstone principle of international law, and especially of international environmental and water resources law. However, this rule focuses on the conduct of a State where harm originates, rather than on the fact that harm has resulted from such conduct, and thus requires that States exercise due …
Northwestern University Political Philosophy Conference
John Stuart Mill presents his harm principle in On Liberty as a strict limitation on state interference in the lives and actions of individuals. The state, he claims, may only properly interfere with the …
The current state of development of the no significant harm principle
The duty to prevent significant transboundary harm remains a cornerstone principle of international law, and especially of international environmental and water resources law.
The Harm Principle
Harm Principle Meaning. When looking at Law and Morality the harm principle arises out of the dominant influence of one particular person – John Stewart Mill "On Liberty". John Stewart Mill was concerned with the notion of what is now called the majoritarian difficulty; that is, how individual liberty can be protected in the face of democratic institutions and more specifically, …
Morality and the Harm Principle | SpringerLink
The answer given by John Stuart Mill appeals to what has become known as the Harm Principle : "That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others ." (Mill 1954a: 73). While we can all agree that the preventing harm is an important, even ...
(PDF) John Stuart Mill's Harm Principle and Free Speech: …
This article advocates employing John Stuart Mill's harm principle to set the boundary for unregulated free speech, and his Greatest Happiness Principle to regulate speech outside that boundary because it threatens unconsented-to harm. ... Experiences of temporary discomfort or pain – "unhappy mental states" – do not (as such) set back ...
The Harm Principle
the Harm Principle, assuming that there was some probability that they would have brought about the appropriate changes in him. Proponents of the Harm Principle usually prefer an ex-ante read ing, according to which coercion can be justified only if it reduces risk. In what follows I shall, then, assume an ex-ante reading, but for
The Harm Principle and the Nature of Harm
Harm Principle to protect individual liberty all fail. As of yet, however, there is no systematic discussion of this type of criticism. In this article, I defend the Harm ... because it prevents harm.2 The principle states a necessary, but not a sufficient, condition for when state interven-tion is justified. Harm prevention is not necessarily ...
What is the Harm Principle? | NCERT Class 11 Political …
The Harm Principle is a concept developed by British philosopher John Stuart Mill in his seminal work "On Liberty." The principle states that individuals should be free to act as they wish, as long as their actions do not harm others. This principle is often used in discussions about personal liberty and government intervention.. In NCERT Textbook of Class 11 Political …
The Harm Principle
THE HARM PRINCIPLE ABSTRACT. According to the Harm Principle, roughly, the state may coerce a person only if it can thereby prevent harm to others. Clearly, this principle depends …
Harm Principle
The harm principle is often explained as "your right to swing your fist ends where my nose begins." In other words, people should be free to act as they wish as long as their actions do not cause harm to others.
Mill's Moral and Political Philosophy
Because the harm-prevention principle is broader, it will justify greater restrictions on liberty than the anti-harming principle. It is also unclear whether the harm principle protects all liberty or just basic liberties. The harm principle is more robust if it targets restrictions on basic liberties, rather than liberty per se. But if we ...
What is the Explanatory Role of the Harm Principle (and …
harm principle. The harm principle says that the state may interfere with the choices of citizens only if those choices harm or risk harming others. In John Stuart Mill's words, "the only …
HARM PRINCIPLES | Legal Theory | Cambridge Core
Much time has been spent arguing about the soundness of "the harm principle." But in the philosophical literature there is no single such principle; there are many harm principles. ... 11 The offense principle states that "it is always a good reason in support of a proposed criminal prohibition that it is probably necessary to prevent ...
Freedom of Speech
The reason a separate argument is necessary in chapter 2 is precisely that he is carving out a partial qualification of the harm principle for speech (on this issue see Jacobson 2000, Schauer 2011b, and Turner 2014). On Mill's view, plenty of …
The Harm Principle
His harm principle fully accepts that human relations occasion mutual harms, and turns, in the assessment of any restriction, to local fact on whether it serves 'general utility'. It becomes extremely difficult to locate what fundamental principles of moral requirement Mill would actually accept, and to judge the extent they would differ from ...
The harm principle: how John Mill's theory defines the …
John Mill states that liberties can be restricted only when our actions cause harm. If any act that you do injures another person, you can be punished for it.
The Limits of the Harm Principle | Criminal Law and …
Raz states the harm principle as follows: "the prevention of harm to anyone (himself included) [is] the only justifiable ground for coercive interference with a person." Footnote 16 Raz's principle, though different from Feinberg's in certain respects, resembles Feinberg's in giving people's entitlements a central role:
Reformulating Mill's Harm Principle | Mind | Oxford Academic
1 In this respect, my reformulation differs from that of Ripstein (2006), since Ripstein proposes his sovereignty principle as an alternative to Mill's harm principle, albeit an alternative suggested by one of Mill's passing remarks.My proposal is a refinement of the harm principle that, I believe, Mill could and should have accepted. The emphasis on consent …
The Harm Principle and the Nature of Harm
This article defends the Harm Principle, commonly attributed to John Stuart Mill, against recent criticism. ... The principle states a necessary, but not a sufficient, condition for when state ...
Beyond the Harm Principle
The harm principle probably gets some of its intuitive appeal from the thought that, because punishment harms the criminal, it can only be justified if it prevents greater harms. Bentham makes just this point when he writes, "But all punishment is mischief: all punishment in itself evil. Upon the principle of utility, if it ought at all to be ...
The Harm Principle
The harm principle states that the only reason to restrict the action of another individual is to prevent harm to others. If someone is harming themselves, you are only justified in attempting to persuade them. In theory, the harm principle has a lot to offer to those who frame laws. Unfortunately, it has not been thoroughly used in practice.
'No-harm rule' and climate change
other States".1 While the question eventually submitted to the Court is still under negotiation, the 'no-harm rule' or 'principle of prevention' is,provided the initiative goes ahead, likely to form an integral part of the legal analysis.2 The no-harm ruleis a widely recognised principle of customary international lawwhereby a State is
Richard A. Epstein* THE HARM PRINCIPLE
harm principle is also backed by a deep philosophical pedigree, most closely associated perhaps with the classical liberal work of John Stuart Mill,' and more recently with Joel Feinberg's modern, four-volume work on the topic of harm in the criminal law.4 A principle as universal and durable as the harm principle should
Mill's Harm Principle | Definition & Examples
Mill's harm principle states that a person can do whatever he wants as long as his actions do not harm others, and if they do harm others, society is able to...