![]() ![]() Nevertheless, the Harm principle should not always be viewed through the prism of criminalization risks, which democratic societies are not always able to avoid. ![]() Moreover, instead of grading offences democratic states create and follow a system of examples, which makes it difficult to measure the gravity of new crimes. The acts similar to “sexual immorality, say adultery, conduces to harmful consequences and the likelihood of such consequences occurring are relatively high” (Wilson 22). The fact is that in case of indirect (or remote) harms, the Harm principle cannot readily determine the boundaries of state coercion or the extent, to which each particular act can be criminalized. Certainly, criminalization is one of the most serious issues in the harm principle domain the way the Harm principle justifies criminalization of individual or group conduct is one of the major problems, which democratic commitment to individual autonomy conceals from the public eye. Nevertheless, liberal states adhere and actively defend Mill’s Harm principle on the premise that individual freedom from coercion is the key element of sustainable democracy and predetermines the success of all anti-criminal initiatives. Moreover, with the need to criminalize activities which cause direct harm and limit one’s freedoms Mill’s principle risks distorting the benefits of the state’s limited interference. Wilson is correct: “there is a scope of criminal activities, as a last resort, which provoke serious offence, for example, although the conduct does not involve a substantial set-back to interests” (34). On the other hand, based on the Harm principle, states find it impossible to minimize the incidence and fight the crimes which do not cause direct harm. On the one hand, avoiding excessive interference is the necessary prerequisite of liberalism in general, and quality liberal relationships between individuals and the state, in particular. Second, the state’s interference should be kept to a minimum, with the state as the primary guarantor of individual autonomy. We Will Write a Custom Essay about The Harm Principle by John Stuart Mill Essay First, a liberal state has the right to criminalize the conduct which causes harm and limits other citizens’ freedoms. For liberal states, as well as for the criminal law, Mill’s Harm principle has the two far-reaching philosophic implications. 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. His own good, either physical or moral, is not a sufficient warrant. 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. Moreover, not equity of individual freedoms, but limiting the freedoms and powers of specific individuals shapes the vision of absolute autonomy 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. 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. This ethical or moral principle asserts that the only reason coercive force may be legitimately brought to bear upon a person is to prevent harm to others.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. It focuses specifically on one of the central conceptions of the book, set out in chapter 1 - the Harm Principle. This lecture discusses key ideas from the 19th century Utilitarian philosopher John Stuart Mill's work, On Liberty
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