John Stuart Mill's Harm Principle

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Questions and Answers

What is the main focus of the 'harm principle' as proposed by John Stuart Mill?

  • Cultures should be preserved regardless of individual freedoms.
  • Individuals should act freely regardless of consequences.
  • Individuals should have freedom as long as they do not harm others. (correct)
  • Law should govern all actions of individuals without exception.

How does the 'harm principle' relate to liberalism?

  • It strictly limits individual actions to ensure social order.
  • It promotes a political system that prioritizes stability over freedom.
  • It allows for flexible interpretation based on individual perspectives. (correct)
  • It requires absolute freedom without any legal constraints.

What is a misconception regarding the nature of law discussed in the content?

  • Law is influenced by culture and tradition.
  • Law reflects the values of the community it serves.
  • Law operates without biases or errors. (correct)
  • Law adapts easily to societal changes.

According to John Stuart Mill, what was his perspective on developing nations like India and China?

<p>They had the potential to evolve but needed external governance. (A)</p> Signup and view all the answers

What does the content suggest is a consequence of viewing law as unquestionably just?

<p>It allows structural violence to go unchallenged. (D)</p> Signup and view all the answers

What is one way in which the 'harm principle' can be interpreted?

<p>It can be seen as a tool for colonial justification. (C)</p> Signup and view all the answers

What aspect of law is addressed as being overlooked due to its perceived neutrality?

<p>The potential for structural and slow violence. (B)</p> Signup and view all the answers

How does the 'harm principle' view individual liberty in relation to law?

<p>It can be regulated to prevent harm to others. (B)</p> Signup and view all the answers

Flashcards

Harm Principle

An ideology by John Stuart Mill advocating for individual freedom as long as it doesn't harm others.

Liberalism

A political ideology emphasizing individual liberties and limited government control.

Interpretability of Harm

Harm varies in meaning among different people, making the principle flexible.

Colonialism and Harm Principle

Mill believed the harm principle applied to 'higher functioning' societies only, justifying colonial rule.

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Myth of Neutral Law

The belief that law is unbiased and just, despite underlying biases.

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Structural Violence

Slow, systemic harms within society that often go unnoticed.

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Discriminatory Policies

Laws and regulations that may have underlying biases contributing to inequality.

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Questioning Law

The need for society to critically examine legal systems for hidden injustices.

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Study Notes

The Harm Principle

  • John Stuart Mill's "harm principle" posits that individuals should be free to act as they wish, unless their actions directly harm others.
  • This principle is linked to liberalism, emphasizing individual liberty and limited government control.
  • The "harm principle" is flexible, as harm can be interpreted differently by various individuals.
  • Liberalism, similarly, can be defined differently. While it emphasizes individual liberties, some interpretations focus on creating a balance between freedom and social order.
  • Mill viewed the "harm principle" as applicable only to advanced societies, excluding "orientals."
  • Mill believed countries like India and China had lost their creativity due to cultural stagnation, advocating for intervention by a "civilized" nation.
  • He saw this as the solution to the relationship between individuals and state, needing implementation in nations deemed less developed.

Law as Neutral and Objective

  • The concept of law being neutral and objective is a myth.
  • This misconception allows for unnoticed, structural, and blatant violence.
  • It suppresses discussions about discriminatory/violent policies.
  • The perception that law is inherently just hides underlying bias.
  • Slow violence remains unchallenged.
  • Any violence by authority is seen as just and essential.
  • This false neutrality enables hypocrisy, discrimination, and violence today.

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