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Full-Text Articles in Law
Ribeiro On Mill's Harm Principle, Christopher T. Wonnell
Ribeiro On Mill's Harm Principle, Christopher T. Wonnell
San Diego Law Review
Ribeiro’s article is broadly sympathetic to Mill’s harm principle. However, it argues that there is no one conclusive argument in its favor. Rather, there are a plurality of different arguments that all lend strength to Mill’s general conclusion, at least in particular categories of cases. The Article begins by noting that the harm principle is not limited to criminalization. In various ways short of criminalization, the law seems to prefer some ways of life over others on what seem to be paternalistic or moralistic grounds rather than any kind of obvious harm the actors are doing to other people. We …
The Harm Principle, Legal Moralism, And The "Disintegration Thesis": On Lord Devlin Being Unable To Keep Playing The Smuggling Game, Miguel Nogueira De Brito
The Harm Principle, Legal Moralism, And The "Disintegration Thesis": On Lord Devlin Being Unable To Keep Playing The Smuggling Game, Miguel Nogueira De Brito
San Diego Law Review
The topic of the legal enforcement of morals, understood as the “question of the legitimacy of ‘vice crimes’ or ‘victimless crimes,’” is a special facet of the more general issue of the limits of the law. It is the subject of the long-standing debate as to whether law—all law—can be used as a support for moral conceptions as such, or, more generally, whether there are limits on the use of law to enforce morality, as when it is claimed that the law must remain neutral as between different views of the good, be they religious or otherwise. Whether understood in …