Beyond the Harm Principle

Reformulating Mill’s Harm Principle

“…James Fitzjames Stephen, for instance, famously remarked that "the attempt to distinguish between self-regarding acts and acts which regard others, is like an attempt to distinguish between acts which happen in time and acts which happen in space…. altogether fallacious and 3 In this respect, my reformulation differs from that of Ripstein (2006), since Ripstein proposes his sovereignty principle as an alternative to Mill's harm principle (albeit suggested by one of Mill's passing remarks). My proposal is a refinement of the harm principle that, I believe, Mill could and should have accepted.…”

“…For instance, one might argue that the notion of 'harm' cannot be made coherent (Holtug, 2002;Bradley, 2012). Or one may insist that the state should regulate immorality as such, even where it is harmless (Ripstein, 2006). Certainly some generally-accepted legal prohibitions, such as that on incest, are difficult to reconcile with the harm principle.…”

The Legal Failure to Prevent Subclinical Developmental Toxicity

“…If a patient visits the dentist and unknown to her the dentist fluoridates her teeth or touches her in inappropriate places while she is anaesthetized, she has been morally and legally wronged. We are sovereigns over our bodies and our property in many ways [30], except when it comes to invasions of or trespasses on our developing children and ourselves from industrial chemicals. This should be remedied.…”

Collective Informed Consent and Decision Power

“…However, the fact that a project would, for example, make use of one's land can be morally relevant whether or not it affects one's health, wellbeing, or needs. Similarly, even if it did not influence her health, wellbeing, or needs, it can be of moral significance that samples are taken from the body of an unconscious patient without her knowing that (cf., e.g., [25,26]). …”