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
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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
Mill claims that his purpose in writing on liberty is to assert what he describes one very simple principle. The principle that ought to govern society and that principle has come to be known as the harm principle. The individuals own good either physical or moral is not a sufficient warrant for societal intervention. The individual cannot rightfully be compelled to do or not to do because it will be better for him to do so because it is better for him to do so because it will make him happier.
Mill has an “eye for an eye and a tooth for a tooth” standpoint. If a person commits a terrible crime, they are nowhere near reaching a desirable end, nor do they have capacity to be virtuous, as Aristotle would say. If somebody is guilty of murder, then life in jail is too mild of a punishment for the crime he committed. It goes the other way around too. If somebody is guilty of theft, then life in jail may be too hard of a punishment for that particular crime. Mill believes the only efficient punishment is one that is exactly equal to the crime. He doesn’t think a murderer should be allowed to live on with the potential to murder again. Another thing Mill focuses on is general responses among a society. He believes the only way to find desirable pleasure is to ask people and get a general response. So if you asked the family of a murder victim what they would like to see happen to the murderer, a probable general response would be to have him sentenced to death as well, and that is exactly what should happen.
One principal proclaimed by anti-paternalist writer J.S Mill, “is that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection. 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.” In Mill’s proclamation, not one simple principle is being emphasized, but rather a few intricate opinions regarding an individual’s own good. He is asserting that self-protection or the prevention of harm to others is sometimes sufficient and that someone’s own good is never a sufficient authorization for the exercise of domination.
Within Mill's 'On Liberty' it is clear that he has a high regard for the issues surrounding freedom and it's limits. Mill is an advocate of negative freedom, as a liberal he believes that there should be no restraints on an individual's freedom unless it is hindering the freedom or health of another person. One of the main reasons as to why Mill values liberty is because it contributes to personal development. Thus Mill argues that in order for individuals to develop they should be able to perform 'experiments' in living', which allow individuals to go through a system of trial and error until they find their own
Throughout his work Mill explains his principles and what he believes our laws should look like. In Mill’s harm principle he states
Mill’s harm principle of ““One should not interfere with other people’s lives unless those people are doing harm to others” (p.G3), is in other words, if a person do not cause harm to others, there is no reason to prevent his/her actions. Mill’s belives that an individual is the supreme sovereign of his/her own acts. Even when the decisions taken may be some harm upon him/her, the responsibility of these actions is only on the individual.
First, Mill pointed out that everyone has their own judgments and no one has the right to decide an issue for all people. The liberty of an opinion is often up for debate because we are all confident in our own rightness, even though that confidence is not justified. “They have no authority to decide the question for all mankind, and exclude every other person from the means of judging. To refuse a hearing to an opinion, because they are sure that it is false, is to assume that their certainty is the same thing as absolute certainty. All silencing of discussion is an assumption of infallibility.” (Mill, II.3). Mill pointed out that silencing a potentially true idea hurts society because it is shielded from that possible truth. You never can
Explain in your own words the logic of Mill’s argument, and critically discuss whether happiness should be the criterion of morality.
John Stuart Mill, an English philosopher and a political economist, had an important part in forming liberal thought in the 19th century. Mill published his best-known work, _On Liberty,_ in 1859. This foundational book discusses the concept of liberty. It talks about the nature and the limits of the power performed by society over an individual. The book also deals with the freedom of people to engage in whatever they wish as long as it does not harm other persons.
Mill’s belief promotes that each individual’s opinion is important and therefore should be listened to by the government. The government would not be able to turn a blind eye to a minority; this is one of many influences on classical liberalism. In classical liberalism the government has limited say in the economy and ensures that everyone has the right to his or her freedom of opinion. An
In this essay I will assess and evaluate Mill’s concept of justice through the principles of utility. I will argue to defend Mill’s attempt to reconcile justice with the utilitarian principles he has explained by first summarizing these concepts and by proving utility.
Freedom is a necessary principle to abide by in order for the human race to function. On the other hand, freedom can be taken advantage of, thus resulting in harmful consequences to those directly and indirectly involved. The article, “On Liberty” by John S. Mills, places emphasis on the functioning of individual liberty and its co-existence with society. Mills stresses the limits of individual liberty through what is famously known as his Harm Principle: "the only purpose for which power may be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant" (Cahn). With special consideration placed on drug use and free
Mill is extremely clear as to why the individual should be sovereign over his or her body and mindto counter the effects of a possible "tyranny of the majority." Mill states, "It (the majority) practices a social tyranny more formidable than many kinds of political oppression, since, though not usually upheld by such extreme penalties, it leaves fewer means of escape, penetrating much more deeply into the details of life, and enslaving the soul itself" (63).
John Stuart Mill discusses the conception of liberty in many ways. I’d like to focus of his ideas of the harm principle and a touch a little on his thoughts about the freedom of action. The harm principle and freedom on action are just two subtopics of Mill’s extensive thoughts about the conception on liberty. Not only do I plan to discuss and explain each of these parts on the conception of liberty, but I also plan to discuss my thoughts and feelings. I have a few disagreements with Mill on the harm principle; they will be stated and explained. My thoughts and feelings on Mill vary but I’d like to share my negative opinion towards the principle and hope to put it in a different perspective.
In his essay, Mill explores the two dimensions to liberty; individual and social. Carefully he analyzes the variance between the individual and social sphere through freedom of expression, more specifically, freedom of speech. Throughout the novel, he expresses that