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Is there a global harm principle?
Critical Review of International Social and Political Philosophy, 2009The appeal to a ‘harm principle’ promises to supply global justice with a practical consensus. Any reflection on the harm principle’s origin and history, however, suggests that the principle may be unable to operate independently of other principles that define its scope, and a larger (and less consensual) basic theory of justice.
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HARM AND THE VOLENTI PRINCIPLE
Social Philosophy and Policy, 2011AbstractThis is an essay on the limits of the Criminal Law. In particular, it is about what principles, if any, determine whether it is legitimate for the state to criminalize certain conduct. Joel Feinberg in his great work on the moral limits of the criminal law argues that we need only two principles.
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“Harm” and Mill’s Harm Principle
Ethics, 2014This article addresses the long-standing problem of how to understand Mill’s famous harm principle in light of his failure to specify what counts as “harm” in On Liberty. I argue that standard accounts restricting “harm” to only certain negative consequences fail to do justice to the text, and that this fact forces us to rethink Mill’s defense of ...
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Ethical Theory and Moral Practice, 2002
According to the Harm Principle, roughly, the state may coerce a person only if it can thereby prevent harm to others. Clearly, this principle depends crucially on what we understand by ‘harm’. Thus, if any sort of negative effect on a person may count as a harm, the Harm Principle will fail to sufficiently protect individual liberty. Therefore, a more
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According to the Harm Principle, roughly, the state may coerce a person only if it can thereby prevent harm to others. Clearly, this principle depends crucially on what we understand by ‘harm’. Thus, if any sort of negative effect on a person may count as a harm, the Harm Principle will fail to sufficiently protect individual liberty. Therefore, a more
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1983
The moral foundation of the thesis advanced here is the principle which requires that persons be treated as persons, and that requires that each person’s unencumbered choices be respected, at least within a certain sphere. A vital element in the theory of the ethical limits of law is the determination of what that sphere is.
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The moral foundation of the thesis advanced here is the principle which requires that persons be treated as persons, and that requires that each person’s unencumbered choices be respected, at least within a certain sphere. A vital element in the theory of the ethical limits of law is the determination of what that sphere is.
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Accumulative Harms and the Interpretation of the Harm Principle
Social Theory and Practice, 1993Contre son approche libertariste, l'A. defend une interpretation cumulative du principe du mal, developpe par J. S. Mill dans le sens d'une intervention politique pour prevenir a la fois les conduites individuelles nuisibles et les torts cumulatifs, tels que la pollution. L'A.
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Constitutionalizing the harm principle
Criminal Justice Ethics, 2008I Introduction In this paper, I argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it. I do not aim to outline every possible type of bad consequence beyond harm that might be sufficiently serious to justify criminalization. Instead, I focus on criminalization that is backed up with jail terms and
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A Reformulation of the Harm Principle
Political Theory, 1978Li N LIBERTY remains the crucial text for anyone who shares Mill's concern with the growing power of the modern state; and Mill's question-"What are the limits of the power which can be legitimately exercised by society over the individual?"-demands some statement of theory from anyone who rejects the principle that acts of government are self ...
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Morality and the Harm Principle
2019In order to argue that weapons research is morally wrong and, in addition, that it is morally unjustifiable, it is necessary to appeal to some system of morality. This is because it is necessary, in the first place, to understand just exactly what is at stake.
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