The Harm Principle by John Stuart Mill

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26 March 2009

The Harm Principle by John Stuart Mill

Introduction

John Stuart Mill 's Harm principle remains one of the most serious cornerstones in the history and philosophy of criminal law . Whenever the Harm principle is mentioned or applied , researchers and scholars display serious disagreement regarding the consequences and legal implications of the Harm principle in liberal societies . Nevertheless , democracies view Mill 's Harm principle as the essential component of individual autonomy , and thus as the foundation for the stability

and objectivity of all criminal , legal , and democratic initiatives . Moreover , not equity of individual freedoms , but limiting the freedoms and powers of specific individuals shapes the vision of absolute autonomy in liberal societies . In his work On Liberty ' John Stuart Mill wrote

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 . His own good , either physical or moral , is not a sufficient warrant . He cannot rightfully be compelled to do or forebear . because in the opinion of others to do so would be wise or even right (Wlison 19

These words have come to represent one of the essential principles of contemporary criminal law - the Harm principle moreover , the Harm principle has come to represent the distinctive feature of modern liberal states , where individual autonomy and the right for self-freedom is positioned over other individual and group values

For liberal states , as well as for...