Brink says that then we can clear Mill of the charge of inconsistency about legal moralism. Since, Mill seems pretty consistent with his rejection towards legal moralism. This seems to bring up the debate between Mill and Stephen. Stephen is the author of Liberty, Equality, and Fraternity: in which he talks about his defense of the uses of criminal law to promote virtue and curb vice. Mill is the one who provokes Stephen’s criticism, rendering that Mill is an anti-moralist. A century later, Lord Devlin revived Mill and Stephen’s arguments in which Devlin’s defense of legal regulation of homosexuality, prostitution, and pornography, and liberal criticisms. It can be tempting to reject legal moralism of Stephen and Devlin because of Mill’s anti-moralism, but temptation can be resisted. The concept of morality is that it’s connected with harm prevention and the “central provisions of the criminal law prohibiting killing, …show more content…
Legal moralism is a theory of jurisprudence and philosophy of law which holds that laws may be used to prohibit or require behavior based on society’s judgment as a whole, whether or nor if it’s moral. In order to understand legal moralism, one has to understand the harm principle. The harm principle is
“The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others”(Culver 258).
Meaning that a state or an individual can limit another person’s liberty in an effort to protect the person from self-harm, since it justifies the restricting of liberty to engage in actions that threaten imminent harm to others. As utilitarianism, Mill tries to find the best possible outcome for the greatest number of
Mill begins “On Liberty” by asserting the principle that we should never regulate the actions of others, except if those actions harm others. He goes on to suggest that we should not restrict speech, even when we find it false. What seems odd about this is that Mill is a utilitarian, which means that the rightness or wrongness of a policy or action depends on its consequences. Clearly, some speech does an awful lot of harm and not much good, so how can Mill hold the view that we should never censor? (Your answer should include Mill’s discussion of why censorship “robs the human race” and you should cover both cases in which the minority view is false and when it’s
On the one hand, it was investigated how this principal of liberty and autonomy challenges the need for state control, embedded in paternalism. Mill shows that individuality ensures freedom and a regulatory system for a functional society that would be compromised by paternalism or outside coercive forces. Self-development and social progress are the core principles of Millian Utilitarianism, which restricts state control to a single problem of harm to others, leaving a very limited space for regulation of individuals. However, at the same time limits and boundaries of his 'harm principle' are rather unclear, and there is a strong evidence to suggest that all acts are social acts that involve affect others. Hence, Mill's solutions within the harm principle can be interpreted in a similar way to soft paternalism
To begin, “On Morality'; is an essay of a woman who travels to Death Valley on an assignment arranged by The American Scholar. “I have been trying to think, because The American Scholar asked me to, in some abstract way about ‘morality,’ a word I distrust more every day….'; Her task is to generate a piece of work on morality, with which she succeeds notably. She is placed in an area where morality and stories run rampant. Several reports are about; each carried by a beer toting chitchat. More importantly, the region that she is in gains her mind; it allows her to see issues of morality as a certain mindset. The idea she provides says, as human beings, we cannot distinguish “what is ‘good’ and what is ‘evil’';. Morality has been so distorted by television and press that the definition within the human conscience is lost. This being the case, the only way to distinguish between good or bad is: all actions are sound as long as they do not hurt another person or persons. This is similar to a widely known essay called “Utilitarianism'; [Morality and the Good Life] by J.S. Mills with which he quotes “… actions are right in the proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness.';
For more than two thousand years, the human race has struggled to effectively establish the basis of morality. Society has made little progress distinguishing between morally right and wrong. Even the most intellectual minds fail to distinguish the underlying principles of morality. A consensus on morality is far from being reached. The struggle to create a basis has created a vigorous warfare, bursting with disagreement and disputation. Despite the lack of understanding, John Stuart Mill confidently believes that truths can still have meaning even if society struggles to understand its principles. Mill does an outstanding job at depicting morality and for that the entire essay is a masterpiece. His claims throughout the essay could not be any closer to the truth.
...Mill does not implicitly trust or distrust man and therefore does not explicitly limit freedom, in fact he does define freedom in very liberal terms, however he does leave the potential for unlimited intervention into the personal freedoms of the individual by the state. This nullifies any freedoms or rights individuals are said to have because they subject to the whims and fancy of the state. All three beliefs regarding the nature of man and the purpose of the state are bound to their respective views regarding freedom, because one position perpetuates and demands a conclusion regarding another.
Approximately three hundred years separate the earliest of these works, The Prince, from the most recent, Utilitarianism, and a progression is discernible in the concept of morality over this span. Machiavelli does not mention the word "morality," but his description of the trends and ideals of human political interaction allow for a reasonable deduction of the concept. Locke, too, does not use the word, but he does write of "the standard of right and wrong." In contrast, Mill writes explicitly and extensively of morality in its forms, sources, and obligations. A logical starting point in this examination is a look at their relative views of human nature.
part of the moral code of our society; and the task of moral philosophy consists in bringing
In contrary to its contemporary antagonist philosophical schools, who advocate the practices of humanness and the rightness and set ideal of the past, the Legalists, in their complete rejection of the traditional ethics, embraces the efficacy of political power and uphold a society of laws and punishments. As the old feudal states decayed and the smoke of endemic warfare suffused, the need for a more rational government that can afford greater centralized power so as to strengthen a state against its rival increased substantially among the Warring States. Such a rising urge necessitated the emergence of the Legalists and further predetermined the Legalists’ inherent nature – realistic, totalitarian and problem-solving – which, with the realization of its significance and duty in the stream of history, finds its hegemonic character as well.
He also states that if you are causing harm to yourself, the government shall not involve themselves. Different forms of harm are applicable, such as physical harm, property damage, and emotional harm. Mill also explains that harm, in whatever form to others, can be the result of an action or the result of inaction. Both of these are a violation of the harm principle and the government has the right to step in; it does not matter whether harm was caused by the result of your action or inaction to the situation. The harm principle’s purpose is to be able to only let government interfere with human society when one is causing harm to another, therefore limiting government control....
The American jurist, Lon Fuller, developed a secular natural law approach, which believes that in order for the law to be legally valid, the law must conform to the “internal morality of law”. He rejects Hart’s theory on the strict separation between law and morality. He believes legal system has the specific purpose of “subjecting human conduct to the governance of rules”. In this purposive enterprise, it is necessary to have a connection between “law” and “inner morality”. This is because these fundamental procedures are accepted as something good, as contributing to a good order, hence they are also counted as moral rules. In this paper, I will evaluate whether the “morality” is satisfied in his theory with supporting arguments on the value and immoral acts as well as the arguments against the critiques made by the positivist to determine if people have the moral obligation to obey the legal rules that conform to his internal morality of law.
In Chapter 2, Mill turns to the issue of whether people, either through their government or on their own, should be allowed to coerce or limit anyone else's expression of opinion. Mill emphatically says that such actions are illegitimate. Even if only one person held a particular opinion, mankind would not be justified in silencing him. Silencing these opinions, Mill says, is wrong because it robs "the human race, posterity as well as the existing generation." In particular, it robs those who disagree with these silenced opinions.
Second, an individual has the freedom to harm themselves. When people follow these rules, society can not interfere with a person's liberty. He continued on to explain the different types of liberty allowed under all circumstances: (1) Liberty of belief and feeling; (2) Liberty to express beliefs and feelings; (3) Liberty of self-regarding actions of any kind; (4) Liberty of consensual other regarding actions of any kind. The first, second, and last type of liberty is self explanatory, but self regarding actions have an issue in terms of location. If a person has the liberty to do as they please in private, they can still do harm to others committing the same action in public.
...nturies. Mill presents a clear and insightful argument, claiming that the government should not be concerned with the free will of the people unless explicit harm has been done to an individual. However, such ideals do not build a strong and lasting community. It is the role of the government to act in the best interests at all times through the prevention of harm and the encouragement of free thought.
Nonetheless, negative freedom does not mean that individuals should have absolute and unrestricted freedom. Classical liberals, such as J.S. Mill, believe that if freedom is unlimited it can lead to “license”, namely the right to harm others or to infringe their “natural” rights to “life, liberty and property”. In this way, Classical Liberals often support minimal restrictions on the individual so as to prevent individuals from inflicting harm upon each other. However, it should be borne in mind that Classical Liberals do not accept any constraints upon the individual that prevent him from damaging himself, physically or mentally, since the individual still remains sovereign. Such a view of freedom means that classical liberals generally advocate the establishment of a minimal or “nightwatch” state, whose role is limited to the protection of individuals from other individuals.
To understand Mill’s argument for toleration and why it entails no objective assessment, it is very important to distinguish between the applications of one’s personal beliefs. For instance, Mill argues that there should be no objection to a person’s individual belief and opinion (freedom of conscience), yet he believes there are certain limits to how a person can act on those beliefs. These limits are established by the Harm Principle. Mill professes his belief in autonomy except when a person proves to be placing others in danger with their actions; he asserts that "no one pretends that actions should be as free as opinions." Mill does not believe it is possible to make objective assessments of people’s beliefs and ways of life because beliefs do not have the potential to cause harm as actions do; every human being is the only one to feel his own body and know his own mind intimately and directly. Also, everyone ...