PHLB11H3 Lecture Notes - John Stuart Mill, Jeremy Bentham, Harm Principle
Document Summary
Criminal law - and law in gnereal is conercive. Utilitarianism and its source where every single individual having equivalent values was a revolutionary notion. But, political and philosophical theories as well as in persons, success discloses faults an infirmities which failure might have concealed from observation (p. 262) Democracy, in practice, is not the rule of each by him/herself but rather the rule of each by all the rest - 262 (the tyranny of the majority) Harm principle the only part of the conduct of any one, for which he is amenable to society, is that which concerns others - p268. My free action ends when another citizen"s action is likewise to be infringed or restrained. The harm principle: the action must result in. Discouraged in liberal democracies because it is assumed we are all rational actors. Designed to rule out legal moralism and legal paternalism.
