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Topic: Harm principle

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All My Children

	TURMEL: #9 Laughing Grass rulings by Supreme Court of Canada
		Harm is frequently the determining factor in assessing the severity of an offence and in distinguishing between levels of responsibility for equally mentally blamable acts.
		It is a principle of sentencing that both the severity of the offence and the moral blameworthiness of the offender should dictate the quantum of sentence.
		Harm associated with victimizing conduct, i.e., conduct which infringes on the rights and freedoms of identifiable persons, is the most obvious, and the concern usually is with how much the person has been harmed.
	www.talkaboutinvestments.com /group/sci.econ/messages/202038.html (4039 words)

	Censorship And PoRnOgRaPHy
		He suggests that unless a person’s actions harm the society, he is free and at all liberty to practice in what he finds fulfilling and pleasurable, even though his actions may cause harm to him.
		Harm inflicted on one member of a society means harm on the society as a whole, that is, if we consider society comprising of these individuals, and those each individuals being affected harmfully, by their own actions.
		She goes on to portray the status of women being harmed and degraded by the content of pornography, which we may view as a "harm" to society according to Mill's "harm principle" discussed previously.
	www.angelfire.com /ca5/ahmedrizvi/essay2.html (1479 words)

	Lectures 15 & 16: Liberty and the Harm Principle
		That is, harm I do to others by harming myself does not count, unless I thereby fail to fulfill some specific, concrete obligation.
		Mill's harm principle applies, not only to the power of the state, but also to the actions of civil society.
		The distinction between moralistic and non-moralistic paternalism is possible on by distinguishing between harms that are scientifically demonstrable to everyone, and those that depend on adopting some controversial philosophical or theological theory.
	www.utexas.edu /courses/phl347/lectures/lec15.html (1149 words)

	Harm reduction counseling and psychotherapy referral information
		Harm reduction is the most recent of these important new ideas in the substance use treatment field.
		Harm reduction sees substance use varying on a continuum of harmful consequences to the user and the community.
		Harm reduction places respect for the client's strengths and capacity to change as the starting point for developing egalitarian relationships in which clients are encouraged to collaborate in setting up the treatment and choosing goals and strategies that they find useful.
	www.harmreductioncounseling.com /introduction.html (1217 words)

	PHIL 242: Supplemental Notes on "On Liberty"
		They need to use principles that can be followed easily and cannot be abused (since governments have a tendency to abuse their power), and ones that will come as close as possible to maximizing utility.
		The harm principle is fairly easily followed, and is very difficult to abuse, so long as exceptions are not permitted to the principle.
		It may be that the harm principle sounds good, but that it cannot be practically applied because it is far too vague concerning what exactly counts as harm.
	www.mtholyoke.edu /courses/ebarnes/242/242-sup-mill1.htm (3863 words)

	Should the Amish be Exempt from Child Labor Laws? (Site not responding. Last check: 2007-10-22)
		A judicious application of the harm principle would argue in favor of the proposed exemption, or even in favor of allowing all children to work, as long as they were properly supervised while doing such work, and had the chance of an education in their higher faculties alongside the work.
		While the harm principle would tell us not to interfere in child-labor as long as proper safety is observed, it would also tell us that Amish children are being harmed by not having the opportunity of education.
		Indeed, of all the principles which have been proposed to govern society, this seems to be the one that allows maximum freedom to the individual, and the greatest room for spontaneity and diversity.
	wso.williams.edu /~rbhattac/amish.html (2041 words)

	On Liberty: Introductory
		The practical principle which guides them to their opinions on the regulation of human conduct, is the feeling in each person's mind that everybody should be required to act as he, and those with whom he sympathizes, would like them to act.
		Another grand determining principle of the rules of conduct, both in act and forbearance which have been enforced by law or opinion, has been the servility of mankind towards the supposed preferences or aversions of their temporal masters, or of their gods.
		The object of this Essay is to assert one very simple principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties, or the moral coercion of public opinion.
	cscs.umich.edu /~crshalizi/Mill/On_Liberty/introductory.html (3682 words)

	Harm principle - Wikipedia, the free encyclopedia
		The harm principle is laid out in John Stuart Mill's arguably most famous work, On Liberty.
		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 harm principle is in part the basis for certain political stances of the United States Constitution and Libertarian Parties.
	en.wikipedia.org /wiki/Harm_principle (264 words)

	Sample Analysis Ethics
		Specifically I will argue (1) that his principle of liberty is not (as Mill claims) justified on the basis of purely utilitarian considerations and (2) that his answers to problematic cases are actually incompatible with the principle of liberty.
		Far from justifying the harm principle, then, the principle of utility could be used to justify violating individual liberty when the good to society is substantial.
		The principle might allow taxation on the basis of a distinction between goods that are essential to survival from those that are not, but any further division of the latter category distinguishing those that are harmful and those that are not can not be tolerated.
	www.csus.edu /indiv/m/mayesgr/phl101/phl101sample.htm (1428 words)

	Freedom of Speech (Stanford Encyclopedia of Philosophy)
		The problem with this claim is that it is the harm that could potentially be done to the people speaking that becomes the focal point and not the harm done to those who are the subject of the hate.
		The first is that the harm principle would actually allow religious and political speech for the same reasons that it allows pornography and hate speech, namely that it is not possible to demonstrate that such speech does cause direct harm to rights.
		Because she is not basing her argument on the harm principle, she does not have to show that women are harmed by pornography.
	plato.stanford.edu /entries/freedom-speech (7066 words)

	DUTCH WEED AND LOGIC. PART II: THE LOGIC OF THE HARM PRINCIPLE
		In part II it is argued that the logic of the harm principle in combination with the available empirical knowledge would favour the decriminalisation of drugs.
		But according to Mill's (1977) classical interpretation of the harm principle, this sort of harm is beyond the scope of the state: everyone must know for himself how dangerously he is prepared to live.
		The harm principle may certainly be used tojustify a legal restraint on the freedom of the perpetrators during this extremely harmful period of their lives.
	www.drugtext.org /library/articles/96732.htm (7135 words)

	Mill, John Stuart -- a. Overview [Internet Encyclopedia of Philosophy] (Site not responding. Last check: 2007-10-22)
		The principle of utility—that “actions are right in proportion as they tend to promote happiness; wrong as they tend to produce the reverse of happiness”—was the centerpiece of his ethical philosophy.
		The principle of utility—and the correlated commitments to happiness as the only intrinsically desirable end and to the moral equivalency of the happiness of different individuals—was itself taken to be an instrument of reform.
		Though his fame (or infamy) was relatively short-lived, Godwin’s use of the principle of utility for the cause of radical political and social critique began the identification of utilitarianism with anti-religiosity and with dangerous democratic values.
	www.utm.edu /research/iep/m/milljs.htm (10554 words)

	Edmond J. Safra Foundation Center for Ethics : Events
		To introduce the sovereignty principle, Ripstein invoked a hypothetical example of harmless wrongdoing, one which he assumed that (despite the lack of resulting harm) his audience would agree should be prohibited by the criminal law.
		The harm principle is only concerned with harms that are in fact real harms, and not with people’s opinions or perceptions of actions as harmful.
		The sovereignty principle’s view, then, is that the ‘wrongness’ involved in invading someone’s property is tantamount to a usurpation of their power of choice, and Ripstein concluded that this view is compatible with a wide range of theses about what property is, and what the limits of ownership are.
	www.ethics.harvard.edu /EventShow.php?id=163 (1455 words)

	Bibliographical Essay on Mill: The Online Library of Liberty
		Principled argumentative defense of the doctrine of On Liberty was, in fact, a minority position throughout most of nineteenth-century English thought and letters.
		Firstly, Mill's principle of utility, like the principle of expediency which it entails, does not mention either acts or rules, and, in fact, applies to things apart from acts and rules.
		Mill's liberty principle is, at first sight at least, a very stringent test of the legitimacy of state interference, one which should appeal strongly to economic and civil libertarians.
	oll.libertyfund.org /Essays/Bibliographical/Gray0306/Mill.html (11842 words)

	Principles of Ethical Theory
		Thus, under the principle of autonomy, a health professional’s use of deceit or coercion to get a patient to reverse the decision to refuse a treatment would be considered unethical.
		This principle requires that practitioners refrain from acts or omissions that would foreseeably result in harm to others, especially where the others are vulnerable to risk.
		For example, this principle would require that confidentiality be maintained for an AIDS patient in matters involving his or her landlord.
	www.umdnj.edu /idsweb/idst4150/principles_edge.htm (2793 words)

	The Limits of Law (Stanford Encyclopedia of Philosophy)
		Harm to others, for Mill, is to be contrasted with offence to others, with harm to the person to be coerced herself, who normally consents to the harm, and with the bare (harmless) immorality of the conduct she would otherwise seek to engage in.
		In general and in a variety of ways, the principle of liberty sailing under the protection of the harm principle and the principle of utility end up after all at war with one another, and Utility simply cannot be guaranteed to underwrite as strong a principle of liberty as the harm principle.
		One often voiced complaint against the harm principle is that the idea of harm is something of a fl box into which anything one objects to could potentially be placed.
	plato.stanford.edu /entries/law-limits (11361 words)

	[No title]
		My support for a modified Harm Principle is due to a belief that it fulfills the need for a secular alternative to religion-based law, in a manner that maximizes individual liberty and respects fundamental human rights.
		It seems tremendously cruel to tell a mother that we won't stop her son from wasting his life as a drug addict because it would infringe upon his freedom or to explain to a wife that it was philosophically justifiable to allow her husband to blow their kid's college fund at the roulette tables.
		For example, tax evasion does not substantially harm another, does not create a likelihood of harm, and does not violate anyone's rights...however, a compelling reason for its criminalization is the fact that the government would be insolvent if people were allowed to cheat on their taxes without penalty.
	www.ibiblio.org /gaylaw/issue6/Patrick.htm (3008 words)

	RACHEL'S ENVIRONMENT & HEALTH WEEKLY
		The precautionary principle is also known as the "foresight principle," or the "principle of fore-caring." The principle says we should think carefully about what we are doing, all of us, with the aim of anticipating and avoiding trouble.
		The precautionary principle also suggests that people who are affected by a situation or decision (especially workers and community members) should be consulted and informed about it, and should be given a real opportunity to be heard.
		Consistent with the precautionary principle, least-harm purchasing policies shift the burden of proof onto the manufacturers (or suppliers) of products and the providers of services, requiring them to reveal the chemicals and processes involved in their products.
	www.ecomall.com /activism/rachel190.htm (1452 words)

	On Liberty - Wikipedia, the free encyclopedia
		This is the first mention in On Liberty of the so-called harm principle.
		If a person is thus harmed then his or her sovereignty over self is impaired because sovereignty is exercised either through action or judgement; this is Mill's justification of the harm principle.
		Children and those who cannot take care of themselves are allowed to be interfered with beyond the harm principle as they may well harm themselves unintentionally; such children and those who cannot take care of themselves do not, and cannot, have sovereignty over self.
	en.wikipedia.org /wiki/On_Liberty (1255 words)

	Liberty Corner: Actionable Harm and the Role of the State (Site not responding. Last check: 2007-10-22)
		An actionable harm to liberty may be immediate (as in the case of murder) or predictable (as in the case of pollution).
		Harms also result from actions by the state that strain and sunder the bonds of trust that make it possible for a people to coexist civilly, through the mutual self-restraint that arises from voluntarily evolved social norms.
		Affirmative action and other forms of forced racial integration deny freedom of association, prolong racial animosity, impose unwarranted economic harm on those who are guilty of nothing but their skin color, and generally deprive persons of liberty and property without due process of law.
	libertycorner.typepad.com /liberty_corner/2006/05/the_principle_o.html (1639 words)

	Criminal and Civil Responsibility/Harm Principle
		Acts of harming then are the direct objects of the criminal law, not simply states of harm as such.
		JR: Prevention of harm to others is an intuitively attractive ideal, to the point where it is possible to say that any plausible moral system must incorporate the principle in some form.
		Mill is a utilitarian, but the harm principle (liberty principle) is not a straightforward utilitarian principle.
	www.philosophy.ubc.ca /faculty/russellj/201lec02.htm (1804 words)

	Harm, Public Health Threats, and the Model State Emergency Health Powers Act: (Site not responding. Last check: 2007-10-22)
		U.S. society stems primarily from a philosophical idea known as “the harm principle.” The Harm Principle is a liberal principle that seeks to protect individual autonomy while simultaneously recognizing that in some cases, the exercise of one person’s autonomy can threaten another person’s freedom to structure their own life and values.
		The prominence of this principle can be seen in the way the court struggles to base review of legislation on it.
		Mill’s basic formulation of the Harm Principle illustrates the tension between public health good and the exercise of individual freedom.
	www.usafa.af.mil /jscope/JSCOPE03/May03.html (2562 words)

	Peter Suber, "Paternalism"
		The harm principle creates a "zone of privacy" for consensual or "self-regarding" acts, within which individuals may do what they wish and the state has no business interfering, even with the benevolent motive of a paternalist.
		If increasing my taxes or insurance premiums harms me for the purposes of the harm principle, then I might be harmed by the act which the motorcycle rider thought was private and self-regarding.
		In a welfare state which shifts costs to compensate those who harm themselves, virtually all self-harm will be other-harm too; hence virtually every corner of life could be regulated by law without violating the harm principle, and virtually all paternalism would be justified.
	www.earlham.edu /~peters/writing/paternal.htm (1848 words)

	J.S. Mill The Harm Principle (Site not responding. Last check: 2007-10-22)
		In On Liberty, John Stuart Mill puts forth a famous liberty limiting principle that has come to be known as "the Harm Principle" (HP, henceforth).
		This principle is probably the most permissive of the liberty limiting principles.
		That 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.
	www.utexas.edu /courses/hilde/Philhandouts/Mill-Harm_Principle(Myers).html (265 words)

	A critique of Mill's harm principle
		The first is that the harm principle, if interpreted in a strong enough manner, gives too narrow a scope to governmental activities inasmuch as it denies that it is appropriate for the government to require citizens to contribute to a common interest.
		But the harm principle articulated by Mill is at odds with that wish.
		One who both accepts the harm principle and agrees that the above-mentioned quasi-paternalistic laws are good is faced with a problem.
	home.att.net /~llwhite/contramill.html (1168 words)

	Defending a Rule of Institutional Autonomy on "No-Harm" Grounds Brigham Young University Law Review - Find ...
		Understood in another way, however, the no-harm principle leaves room for institutional autonomy or for exemptions of religious institutions from the application of rules aimed at reducing the incidence of harm.
		Professor Hamilton's "no-harm" principle allows the government to invoke its antidiscrimination laws against those incidents of discrimination.4 But perhaps external supervision of the institution's operation-supervision of the sort exemplified by holding the institution liable for sex discrimination-undermines the effectiveness of the religion to inculcate the nondiscrimination norm as a matter of religious belief.
		That is, absent external supervision, the religion teaches its adherents that discrimination is wrong, the adherents believe the message, and they act on the belief with a high degree of compliance.
	www.findarticles.com /p/articles/mi_qa3736/is_200402/ai_n9474013 (757 words)

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