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The Harm Principle in the 21st Century Essay

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The Harm Principle in the 21st Century

I intend to reassess the main criticisms levelled against John Stuart Mill's, Harm Principle. I will argue that his Principle has, with the benefit of hindsight, had a positive rather than negative influence upon society and given a framework within which citizens can be free to accept or reject options. I will show that, On Liberty is as significant today as when it was first published.

Mill's Harm Principle says that, other things being equal, we should be free from interference either by the state or an individual. We've come to assume that a principle of freedom or liberty (both words are interchangeable here) is fundamental to our well being, so much so that, especially in The States, we …show more content…

So for example the type of legal coercion which punishes murder by imprisonment is exempt.

However probably the most controversial exemption in, On Liberty is Mill's reference to 'backward states of society'. In typical Victorian style, Mill refers to barbarians and says

We may leave out of consideration those backward states of society in which the race itself may be considered as in its nonage.

(Mill, John Stuart. Stefan Collini (ed.), On Liberty and Other Writings, (2000 edn), p.13.)

Mill is referring here to societies so backward they'd hardly be capable of understanding the Harm Principle let alone responsibly applying it. The implication here is that society needs to recognize concepts like 'free discussion' before it can achieve that level of education and understanding which enables it to benefit from The Harm Principle.

Mill said his aim was, to assert one very simple principle, yet when considered in its totality his Principle is anything but 'simple', because On Liberty is concerned with, Isaiah Berlin's later defined concept of Negative Liberty that is, freedom from interference. To quote Berlin,

"the freedom of which I speak is opportunity for action, rather than action itself. If, although I enjoy the right to walk through open doors, I prefer not to do so, but sit still and vegetate, I am not thereby rendered less free. Freedom is the opportunity to act, not

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