Mill's Harm Principle

Mill's Harm Principle

Introduction:
In modern political philosophy classics, On Liberty, John Stuart Mill discusses the proper limit of the power the government and society can assert over individuals. He applies the principle of utilitarianism to argue that setting up our legal system based on the harm to other principle is best for the society. In this essay, I will comment Mill’s two arguments supporting his viewpoint in liberty of action by showing their weaknesses. I am not rejecting Mill’s idea on liberty and individual freedom. In the matter of fact, I believe Mill’s work is a corner stone of modern legal systems. I am only demonstrating his arguments are not sufficient to support the conclusion. First I will start by explaining a few definitions in his book to clarity some key ideas.
Definition of terms:
Harm to others principle: The harm to others principle states that the government can only interfere with the actions of its people when the actions are causing harm to others. The government can only punish individuals harming others directly by his action, or indirectly by his inaction through neglecting his duty to the society. The government is not justified to punish people if their action only brings harm to themselves but not others. This principle not only applies to limiting the power of the legal system but also applies to limiting the power of the public opinion, which pressures individuals to conform through moral pressure.
Paternalism: The government and the public opinion acts as the parent of its people, using force to prevent the people harming themselves.
Soft-Paternalism: The government and the public opinion only assert controls on minors or incompetent people who lack rational judgement for their own good. According to Mill, soft-paternalism can also apply to uncivilised races that could not govern themselves.
Hard-Paternalism: The government and the public opinion assert control on adults and component people in the society for their own good....