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1 - The Harm Principle

Published online by Cambridge University Press:  06 January 2010

Jim Leitzel
Affiliation:
University of Chicago
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Summary

When and how should the government (or society, more generally) intervene in the activities of individuals, and when should individuals go about their business free of government constraint?

The pioneering text addressing this issue is On Liberty, written by John Stuart Mill and published in 1859. Mill gave a simple answer to the question of the propriety of social compulsion, one that has become known as the “harm principle”:

… the only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant.

Social coercion exercised over you for your own well-being, in the absence of “harm to others,” is a violation of your individual liberty. Of course, Mill quickly offers the necessary child-excluding qualification, “that this doctrine is meant to apply only to human beings in the maturity of their faculties.”

Mill noted that, in the absence of a general principle, society was apt to intervene in individual decision making in circumstances where the intervention would likely be unhelpful and to fail to intervene when intervention was merited. The harm principle is useful in part because its application in most cases accords well with the intuitions developed in liberal democracies. For instance, under the harm principle, the government has no business regulating what color I paint my living room, but society does have an interest in ensuring that my children are protected against abuse and have access to education.

Type
Chapter
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Regulating Vice
Misguided Prohibitions and Realistic Controls
, pp. 19 - 34
Publisher: Cambridge University Press
Print publication year: 2007

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  • The Harm Principle
  • Jim Leitzel, University of Chicago
  • Book: Regulating Vice
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511619397.003
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  • The Harm Principle
  • Jim Leitzel, University of Chicago
  • Book: Regulating Vice
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511619397.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Harm Principle
  • Jim Leitzel, University of Chicago
  • Book: Regulating Vice
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511619397.003
Available formats
×