Should market harms be an exception to the Harm Principle?

2021 ◽  
pp. 1-21
Author(s):  
Richard Endörfer

Abstract Many proponents of the Harm Principle seem to implicitly assume that the principle is compatible with permitting the free exchange of goods and services, even if such exchanges generate so-called market harms. I argue that, as a result, proponents of the Harm Principle face a dilemma: either the Harm Principle’s domain cannot include a large number of non-market harm cases or market harms must be treated on par with non-market harms. I then go on to discuss three alternative arguments defending the status of market harms as exceptions to the Harm Principle and discuss why these arguments also fail.

Author(s):  
Jeremy Horder

I turn my attention to the theoretical or moral justification for the offence of misconduct in public office. I argue that the offence of misconduct in office is only tenuously connected to the ‘harm principle’ justification for criminalization. I suggest that the offence is better explained by what I call the ‘role’ theory of criminalization. I also consider the legitimate scope of the offence: the kinds of misconduct that it should, and should not, cover. In that regard, we will see that codes of conduct that govern officials—a vital written element to the UK’s constitution—play a role not merely in setting boundaries but also in minimizing rule of law uncertainty about the kind of misconduct that may be found to fall within the scope of the offence.


Author(s):  
Anna Elisabetta Galeotti ◽  
Federica Liveriero

AbstractTraditionally, an adequate strategy to deal with the tension between liberty and security has been toleration, for the latter allows the maximization of individual liberty without endangering security, since it embraces the limits set by the harm principle and the principle of self-defense of the liberal order. The area outside the boundary clearly requires repressive measures to protect the security and the rights of all. In this paper, we focus on the balance of liberty and security afforded by toleration, analyzing how this strategy works in highly conflictual contexts and sorting out the different sets of reason that might motivate individual to assume a tolerant attitude. We contend that toleration represents a reliable political solution to conflicts potentially threatening social security when it is coupled with social tolerance. Hence, we examine the reasons the agents may have for endorsing toleration despite disagreement and disapproval. In the range of these reasons, we argue that the right reasons are those preserving the moral and epistemic integrity of the agent. The right reasons are however not accessible to everyone, as for example is the case with (non-violent) religious fundamentalists. Only prudential reasons for toleration seem to be available to them. And yet, we argue that an open and inclusive democracy should in principle be hospitable towards prudential and pragmatic reasons as well, which may potentially lay the grounds for future cooperation. We conclude therefore that the tolerant society has room for the fundamentalists, granted that they do not resort to violence.


2015 ◽  
Vol 36 (1) ◽  
pp. 185-211
Author(s):  
Bernard E. Harcourt

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 of Anglo-American criminal law and helped shape the course of penal legislation, enforcement, and theory during the twenteith century.


2014 ◽  
Vol 55 (129) ◽  
pp. 99-110
Author(s):  
Cinara Nahra

In this article I present a possible solution for the classic problem of the apparent incompatibility between Mill's Greatest Happiness Principle and his Principle of Liberty arguing that in the other-regarding sphere the judgments of experience and knowledge accumulated through history have moral and legal force, whilst in the self-regarding sphere the judgments of the experienced people only have prudential value and the reason for this is the idea according to which each of us is a better judge than anyone else to decide what causes us pain and which kind of pleasure we prefer (the so-called epistemological argument). Considering that the Greatest Happiness Principle is nothing but the aggregate of each person's happiness, given the epistemological claim we conclude that, by leaving people free even to cause harm to themselves, we still would be maximizing happiness, so both principles (the Greatest Happiness Principle and the Principle of Liberty) could be compatible.


2017 ◽  
pp. 100-104
Author(s):  
Iryna Skorokhod ◽  
Lyudmyla Hrynchuk

Introduction. The article deals the impact of European integration on the development of ecological business in Ukraine. The Association of Ukraine and the EU implies adaptation and reforms not only in economy, but also in others areas, including ecology. The factors of influence and their consequences on the development of environmental business in the state are investigated. The main obstacles for using the experience of the EU countries are highlighted. Prospects of further using of "green enterprise" methods in Ukraine are considered. Purpose. The aim of the article is to reveal the essence, forms, stages of formation and innovative forms of the ecological business; to analyze the experience of ecological business and its regulation in the EU countries; to characterize the status and the impact of European integration on ecological business in Ukraine. Method (methodology). Methods of analogy and comparison are used in the study of problematic aspects of Ukraine and the EU in the field of ecology. Statistical methods are used for analyzing the dynamics of indicators of the development of ecological business in the state. Systematic approach is used for explaining strategic guidelines and identifying further promising ways for the development of ecological business in Ukraine. Results. The main aspects of cooperation between Ukraine and the EU have been analyzed. The main directions of further development of common cooperation have been singled out. The proposals of improving the position of Ukrainian eco-goods and services on the European market have been substantiated.


2020 ◽  
Vol 20 (4) ◽  
pp. 778-789
Author(s):  
N. V. Goncharov

Abstact. The article considers consumerism as embracing virtually all areas of social life and creating persistent structural algorithms of consumption, which are efficiently integrated by the market into contemporary societal systems. By exploiting and distorting the true humanistic principles, commercialization of social structure, which is determined by the market relations liberalization, raises capitalist values to the highest rank of the axiological hierarchy and contributes to strengthening of social and individual consumerism. The article emphasizes significance and consequences of the commodity worlds dazzle, because dominant consumer values acquired the status of global social trends that determine the structural-essential elements of socialization. Contemporary advertising technologies based on behavioral concepts expand limits of consuming goods and services and successfully form customer needs by verbal and non-verbal semantic speculations that support the desire to consume. The author emphasizes that today the commodity consumption is not just purchase and use of goods but rather a commercial ritual designed by marketers to make people follow certain consumer standards regardless of their social-economic status. The consequences of the internalized consumerism are obvious: first, consumerism contributes to the transformation of personal communication by making goods and services mediators of relationships; second, the permanent development of consumer values contributes to axiological transformations, especially to commodification of the moral component of social reality.


2020 ◽  
Vol 20 (4) ◽  
pp. 821-836
Author(s):  
Z. T. Golenkova ◽  
Yu. V. Goliusova ◽  
T. I. Gorina

The article considers the development of self-employment in the contemporary society: the history of its representation in legal norms and practices; the scope of informal employment according to statistical and sociological data; definitions of self-employment in the scientific literature. The self-employed are usually defined as not employed in organizations but independently selling goods and services produced by themselves. The global number of the self-employed grows. The authors present an algorithm for calculating the indicator potential self-employed based on the secondary analysis of the 27th wave of the RLMS (2018), and stress the lack of a unified methodology for calculating informal employment. According to the official data, the number of the self-employed in Russia ranges from several thousands to several millions, which confuses researchers who study this phenomenon. The article focuses on the results of the study Self-Employed: Who Are They? (Moscow, 2019), whose object were not potential but real self-employed selected on the basis of online advertisements of their services in Moscow. The authors collected information with the method of semi-formalized telephone interview. Based on the collected data, the authors make conclusions about motivating and demotivating factors of self-employment: independence, freedom in planning time and activity, distrust in the state, lack of social guarantees, unpredictable legislation, and imperfect tax system. Today, the status of the self-employed in Russia is still unclear and often substitutes the individual entrepreneur status in order to apply for tax preferences.


Legal Theory ◽  
2010 ◽  
Vol 16 (2) ◽  
pp. 77-90 ◽  
Author(s):  
Larry Alexander

The hallmark of modern liberalism is its embrace of the Millian harm principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the harm principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.


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