Mill, from On Liberty
Paternalism - restricting a person's liberty for his or her 'own good'
Mill's Harm Principle - restricting the liberty of a person is justified only to protect others from harm, never to protect a person from himself or herself. (The Harm Principle is inappropriate and inapplicable with respect to children and the incompetent.)
There is only one
reason to interfere with the freedom of others, and that is protection of
yourself from that person's actions. There is no right of anyone to
prevent harm to the actor himself; a person's own physical or moral good is not
enough. Even if you are convinced that another person will be happier,
healthier, or wiser, those things are reasons to attempt to convince the other
person that you are right, but they are not good reasons to compel or force the
other person to do or think or be anything that he does not want to do or think
or be.
For Mill, over the individual's own body and mind, he
and he alone is sovereign.
Utility is the ultimate appeal in all
questions.
Liberty's proper domain is:
a. Consciousness - conscience, though, feeling
and opinion in science, morals and religion, expressing and publishing
opinions.
b.
Tastes and Pursuits - right to make and work toward a plan of life; right of
combination and assembly.
c. Each person is the guardian of his own
health.
3 categories of paternalistic
laws:
1. promoting morality
2. promoting
health and safety
3. promoting economic
welfare
The tyranny of the majority is more
insidious than the tyranny of government
"Of the Liberty of Thought and Discussion"
Freedom of thought and discussion are security against corrupt or tyrannical governments.
Restricting the ability to read, hear,
or disseminate information robs the entire human race:
1. If the
opinion is right, we are deprived of the right to exchange error for
truth
2. If the opinion is wrong, we lose the benefit
of a clearer apprehension of the truth through its collision with
error
We
can never be sure that the censored opinion is actually false or wrong. It
may be true. To believe otherwise assumes YOUR infallibility. People
assume that their feeling that their opinion is true is the same thing as
absolute certainty, and they are not the same. To assume truth because it
has not been refuted is one thing. To presume truth to avoid contesting it
is wrong.
If an opinion is true, but it is not discussed
frequently and fearlessly, it becomes dogma. The meaning of opinion is
forgotten when it is not discussed. It turns out to be nothing more than
rote memorization.
3. The more common case is that a censored
position contains both truth and falsehood. We lose the same benefits as
in cases 1 and 2.