The Limits of the Harm Principle

@article{Stewart2010TheLO,
  title={The Limits of the Harm Principle},
  author={Hamish Stewart},
  journal={Criminal Law and Philosophy},
  year={2010},
  volume={4},
  pages={17-35}
}
The harm principle, understood as the normative requirement that conduct should be criminalized only if it is harmful, has difficulty in dealing with those core cases of criminal wrongdoing that can occur without causing any direct harm. Advocates of the harm principle typically find it implausible to hold that these core cases should not be crimes and so usually seek out some indirect harm that can justify criminalizing the seemingly harmless conduct. But this strategy justifies… Expand
Harm: a Neglected Concept in Criminology, a Necessary Benchmark for Crime-Control Policy
Despite the centrality of harm to crime and criminalization and increasing interest in harm as a basis for crime-control policy, there has been little systematic reflection within criminology onExpand
Harm and Criminalization: On Why Harm Principles Are Redundant
The starting point of this chapter is a critical discussion of versions of what is called ‘the harm principle’. But what is harm? According to one general specification, a person P1 is harmed byExpand
From the harm principle to harm decisionism: Hart, Feinberg, and the eclipse of Millian ambiguity
This simple sentence from John Stuart Mill’s “Introductory” to On Liberty—pulled out of context and denuded of Mill’s sophisticated philosophical treatment—became a foundational reference ofExpand
Punishing (Non-)Citizens
If sociologists are to be trusted, reflexivity, focused on itself and devoid of any religious or at least ideological framework, leads to the weakening of control mechanisms. Such changes areExpand
Interrogating the Criminalisation of Same-Sex Sexual Activity: A Study of Commonwealth Africa
The Abrahamic faiths and received colonial law have been identified as the driving force behind the criminalisation of homosexual activity in most of the Commonwealth States of Africa. This article,Expand
“Humanity” as a Valid Protected Interest Under the Rechtsgutstheorie
A theory of crimes against humanity needs to consist of both conceptual and normative foundations as argued in the preceding chapter. This chapter deals with the normative part of the theory ofExpand
A criminal law for citizens
Rather than appealing to penal parsimony as a constraint on the otherwise insatiable demands of the criminal justice system, we should develop a positive account of the proper aims of criminal lawExpand
Abortion and referrals for abortion: is the law in need of change?
  • D. Whiting
  • Psychology, Medicine
  • Journal of evaluation in clinical practice
  • 2011
TLDR
The issue is that of whether a doctor’s conscientious objection to what is otherwise required or allowed by law (namely to refer) should be protected, and not that of why the law needs changing (which would be the issue if someone resorted to making claims about the moral status of fetuses). Expand
Criminalizing Behaviour to Protect Human Dignity
The purpose of this article is to discuss the criminalization of conduct based on human dignity arguments. It proposes a modest version of integrating human dignity into discussions aboutExpand
Morality, Law and the Fair Distribution of Freedom
Hart’s criticism of Devlin’s stance on the legal enforcement of morality has been highly influential in shaping a new liberal sensibility and in paving the way to many important legal reforms in theExpand
...
1
2
3
...

References

SHOWING 1-10 OF 33 REFERENCES
Harms and Wrongs
Feinberg’s Harm Principle is not Mill’s Harm Principle. Mill’s principle was exclusive: “[T]he only purpose for which power can be rightfully exercised over any member of a civilized community,Expand
Harms, Wrongs, and Set-Backs in Feinberg's Moral Limits of the Criminal Law
As a rough first approximation, one might divide the moral and political justifications for criminalizing conduct into two types: deterring harm-doing and punishing wrongdoing. While there are manyExpand
Legal Moralism and the Harm Principle: A Rejoinder
In "Harm Versus Sovereignty: A Reply to Ripstein," Colin Bird criticizes several arguments of my article "Beyond the Harm Principle." In my earlier article I raised two objections to the HarmExpand
The Collapse of the Harm Principle
This article argues that we have witnessed, over the course of the last two decades, a very significant transformation in the debate over the legal enforcement of morality. The triumph of the harmExpand
Beyond the Harm Principle
In the most influential passage in On Liberty, John Stuart Mill introduces the "harm principle," according to which "The only purpose for which power can be rightly exercised over any member of aExpand
Authority and Coercion
States claim to be entitled to tell you what to do, and to force you to do as you are told. This dual claim to authority and coercion is familiar in the context of the criminal law. It claims toExpand
The Enforcement of Morals
There may be a point in reviewing the controversy occasioned by Lord Justice Devlin's Maccabaean lecture from an American point of vantage. For the Justice's brilliant and original paper has beenExpand
Harm to Others
In this volume, Feinberg focuses on the meanings of "interest," the relationship between interests and wants, and the distinction between want-regarding and ideal-regarding analyses on interest andExpand
Reason, Right, and Revolution : Kant and Locke
Current readers often bring implicitly Lockean intuitions to bear in their reaction to Kant on revolution: they assume that individuals are entitled to protect themselves, by violent means ifExpand
Persons and Their Well-Being: A Critical Discussion of Kaplow and Shavell's Fairness Versus Welfare
At the heart of any legal policy decision is a set of value judgments about the state of the world we live in. Justice, fairness and social welfare are concepts that play varying roles in theseExpand
...
1
2
3
4
...