Seminar prompt: Paternalism & Risk

What do you think of Mill’s principle, “that the sole end for which mankind is warranted, individually or collectively, in interfering with the liberty of action of any of their number is … to prevent harm to others” (Mill’s On Liberty)

Should the law ever be involved in interfering with an action which causes no harm ?

Does causing offence count as causing harm?

Are you ever justified in preventing a person from harming themselves even though it means stopping them doing what they want?

Where an activity involves two or more people but is engaged in only with the consent of all involved, are there ever any grounds for making it illegal?

Smoking


Various grades of drug-taking


Various sorts of sexual practices


Possession of guns

Does Mill’s principle need replacing or modifying? What clauses would you add, or what principle would you put in its place?


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