Liberty and “the Harm Principle”.ppt

Liberty and “the Harm Principle” The only purpose for which power can be rightly exercised over any member of a civilized community against his will, is to prevent harm to others. John Stuart Mill, On Liberty. The meaning of “harm” By harm, Mill means only direct harm. That is, harm I do to others by harming myself does not count, unless I thereby fail to fulfill some specific, concrete obligation. At the same time, Mill allows the state to compel members of society to aid others Some examples of paternalistic legislation motorcycle helmet laws, seat belt laws, laws forbidding swimming without a lifeguard, prohibition of recreational drugs, laws forbidding gambling, laws regulating sexual conduct between consenting adults in private (including prostitution and sadism), prohibitions of gambling, usury laws, laws against dueling,... More examples murder statutes (insofar as consent of victim is no defense), laws prohibiting the use of drugs not approved by the FDA, laws prohibiting the sale of uninspected meat (even when customer is forewarned), mandatory Social Security contributions, compulsory school attendance. Ulysses and the sirens Every ship which came within earshot of the sirens was steered into the rocks. Ulysses put wax in the ears of his sailors, and had them bind him to the mast. They were strictly forbidden to untie him until they were well past the straits. Mills Exceptions Mill recognized two exceptions to the principle: (i) children, and (ii) people living in backward states of society. Stephen argued that these exceptions made Mills principle empty. Children vs. Adults Should children be protected from pornography, or from sexual relations with adults? from the use of alcohol, tobacco or drugs? from lack of education? If so, does the justification for doing so extend to protecting some or all adults from certain kinds of self-inflicted harm? Stephens Criticisms of Mill Mill claims that each person is more keenly interested in his own welfare t