PHIL 348 Lecture Notes - Joel Feinberg, Harm Principle

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The harm principle is by and large an empty formula that requires supplementation to determine the relative importance in conflicting interests. The harm principle entails a small window of freedoms that rests solely on what is good for society. Mill"s conclusion was that suppressing expressions is always more harmful than the expressions themselves and thus, is never justified. Feinberg claims, however, that expressions of opinion almost always harm others and he separates discussion into analytical categories such as: defamatory, seditious, incitive to violence, malicious truth, or invasions of privacy. Mill"s response would be that if the expression cannot be subsumed under harmfulness, it cannot be sufficiently injurious to be suppressed: defamation and malicious truth. Statements that damage reputation may prompt some form of compensation. However, a popular defense would be that what was said was simply true. Suppose a prostitute decides to move and change her life. She starts a family and develops a positive reputation in her new society.

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