A malicious satisfaction in the misfortunes of others.
The Harm Principle
Published on April 4, 2004 By Everett Lee In Philosophy
What justifies using the law to curb person's rights and freedoms? Some believe that the law of the land should reflect the moral beliefs of the majority. But others argue that the rights of individuals should be protected fromt the tyranny of the majority. It is a matter of fact that the majority will always attempt to impose their will on the minority. The rights of the minority are of no concern to the majority until the roles switch. The majority of today could become tomorrow's minority. This is why protecting the rights of each individual ought to be important to both the majority and the minority. It is also a steady fact that wisdom is not an exclusive possession of the masses. What ought to be the ideal in the legislation of a society is a primary concern for both preventing and punishing people's harmful behavior towards others and for also protecting people's rights to do what they want if they are doing no harm to anyone else. This is essentially the harm principle that John Stuart Mill wrote about in his On Liberty, but the analogies and discrepencies between what he wrote and what I write today are of little interest to me as they are not important. What I say should be judged on its merits alone.

The most significant problem with this principle is defining harm. There is no easy way to get around it, but these problems should be the same for all involved. We should not be so quick to judge and condemn. Some people construe harm too widely; they would have us all live by their codes because our way of life offends them. Perhaps some construe it too narrowly; they would permit too much real harm. The idea is that there is a very consistent consensus of what real harm is and those laws that proscribe them are clearly justified. Harm comes in its most vicious forms as that of murder, rape, war, stealing, violence of all stripes. This is the short list of the crimes that incite decent humans to rage and there is little question why. I emphasized that harm should be construed as always being towards others. If there is one thing that we all can lay claim to it is our own bodies. Like all possesions we are free to do with them as we like, barring harming others. Everyone should be free to use drugs (even the legal ones), tattoo and pierce their flesh, refuse life-saving medicine and treatment, even end their own life. It can be fairly argued that all of these things harm others, but that is the nature of all human action. We are inseperably linked to everything around us and our actions have consequences, but this is inescapable fact.

There are countless ways to refine this principle of harm. That this can and should be debated is a prima facie truth of all ways, theories, and methods of ordering civilized society. That there are grey areas also does not detract from the utility of the principle. It is my contention that the prevention of human suffering and the maximization of humanity's prosperity are the highest goals we can aspire to. I believe that if the majority's will to legislate their morality upon others and the implementation of the harm princple to protect the rights of the individual, to have the utmost liberty available to them.....that if these opposing views were to be wayed against each other to see which better guides us towards attaining our highest goals, it is the harm principle that will win.

This is a simple, yet good idea and I think if society's institutions, as well as individuals, internalized this principle that much progress would be made towards realizing the univerally revered and mostly unattained ideal of justice.


Comments
on Apr 04, 2004

I would be all in favor of more personal liberty if it were matched with an equal amount of personal responsibility.

For instance, I'd be all for legalizing drugs if we eliminated all social welfare programs. You want to screw up your life, that's your business. But I don't want my family to go without because we're having to pay for those who weren't able to handle their new found "freedom".

Too often people want freedom for themselves but want OTHERS to be responsible for them.

on Apr 04, 2004
First, to the Brad Wardell post a second ago...the point of legalizing drugs is the elimination of the NEED for certain welfare programs. To generalize that all social safety net programs are linked to drug use, or that all drug use leads to welfare, is unfair. I fear that you, Mr Wardell, have misunderstood Lee's argument.

Correct me if I'm wrong, Mr. Lee, but have you undervalued the basic meaning of Man? That is, are we humans or Men or People, or what other name for a construct you want to use, on our own terms, or are we defined and created through our interractions with others? You touch on this, but I fear that you don't understand (or understand differently) (perhaps correctly) the fundamental of interraction. I hope to post on this in the next few days to further explain my standing. It is possible I have misunderstood your meaning, but I would consent to a degree -- I just don't think you've pushed it quite enough for me.

I believe, Everett, that you are standing about three blocks away from a church, smiling, and listening to the bells ringing. Mr. Wardell, you're right there, outside it; you've just tapped a person on the shoulder and asked them 'who died?'

Do not send to know for whom the bell tolls. It tolls for thee.

D
on Apr 04, 2004
One more thing....

Very good. It may be easy to misread what I just posted. Very good. If you have a longer form essay on the subject, I'd like to see it. What I'd really like to see you tackle, though, is a new model of workers' behavior. The 21st Century demands a new paradigm for work and commodity. I hope to get to that, myself, in three to four weeks. You are well ahead of me, now, though; I'd like ot see your ideas on the subject. Mr. Lee, you think Marx is dead, but you are mistaken. He's not yet born.

D