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Legal Moralism, The Harm Principle, The Offence Principle

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Byron Williston

Exam – Harm Principle, Legal Moralism, The Offence Principle Harm Principle: “My freedom ends at the tip of your nose” – John Stuart Mill Mill has three key points: 1) Individuals should be free to express themselves any way they see fit. 2) The only limit to that freedom is the ability of others in society to express themselves. 3) The state is never justified in preventing me from harming myself (rejection of paternalism). The state can only intervene when other people are harmed. Legal Moralism: Placing limitations on individual liberty in the interests of clear moral standards. 2 reasons to oppose legal moralism: 1) No victim= no crime (think of the harm principle) 2) There is too much disagreement about values in society to allow the state to impose values on individuals in cases like this. Offence Principle: People can be harmed by having thei
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