John Stuart Mill's Harm Principle.

I knew I saw this some place before. I'll have to look into it more. I know it's one of the arguments against laws against consenting adult offenses. That that is only an offense against religion, and we don't live in a theocracy. There are no modern democracies today that are theocracies. I know the 1948 UN Universal Declaration of Human Rights says "In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society." Which I think is more of a middle ground approach, like Thomas Jefferson with his support of the adultery and sodomy laws in Virginia.

AI Overview

John Stuart Mill's Harm Principle, from his work On Liberty, states that the only legitimate reason for society or government to interfere with an individual's freedom of action is to prevent harm to others; self-regarding actions, even if foolish or harmful to oneself, are beyond the scope of rightful social coercion, though mere offense or disapproval isn't enough to justify interference, distinguishing between harm and offense is crucial for protecting individual liberty and fostering societal progress.

Core Idea

The Boundary of Liberty: Individuals should be free to do as they please unless their actions harm someone else.

"Your fist ends where my nose begins": A common analogy illustrating that personal freedom stops when it infringes on another's well-being.

Against Paternalism: Society shouldn't restrict an adult's choices for their own "good," as individuals know themselves best, and freedom develops human potential.

Key Distinctions

Harm vs. Offense: Mill distinguished between genuine harm (physical, financial, significant disruption) and mere offense or disapproval (unpopular opinions, offensive speech, certain lifestyles).

Social vs. Individual: Actions that affect only the individual (self-harm, substance abuse) are not grounds for legal intervention, but actions affecting others (drunk driving, spreading disease) are.

Examples

Justified Interference (Harm to Others): Mandating vaccinations during a pandemic to prevent spread, or laws against assault.

Unjustified Interference (Self-Regarding): Banning smoking (unless second-hand smoke harms others) or dictating personal diet.

Influence & Criticism

Liberalism's Cornerstone: A foundational concept in liberalism, promoting individual rights and limited government.

Challenges: Critics question the precise definition of "harm" and how to apply it practically (e.g., public healthcare costs from self-neglect).

In essence, Mill's principle champions individual autonomy, allowing people to live as they choose unless their choices actively harm others, emphasizing liberty as essential for human flourishing.

 

“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.”

John Stuart Mill.