Should Laws Reflect Indirect Harm?

In: Philosophy and Psychology

Submitted By verain10
Words 1308
Pages 6
Verain Vasudeva
PHIL17545G
March 30, 2014
Professor Mark Reitsma

Should Laws Reflect Indirect Harm?

Laws reflect the moral code of the majority within a society. Therefore, the majority within a society depict if a law should be reflective of an indirect harm. Indirect harm is “an action which itself did not harm, but may promote or eventually lead to harm”(Reitsma, Liberty and its Limits: Extent of Freedom), it may have no correlation to leading towards harm. John E. Mills indicated “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others” (Heydt), but lawmakers perceive it justifiable to create laws that are reflective of indirect harm. Laws against Prostitution and drug’s are reflective of indirect harm. If ones using drugs or is a prostitute is not directly harming others in society. Even though laws that reflect indirect harm are to prevent harm from happing, indirect harm should not be considered whilst making laws because they tend to restrict one's freedoms & liberties and there is no substantial evidence that indirect harm leads to harm.

Laws tend to create restrictions upon individuals of the society. People are overwhelmed by the pressures of these restrictions and cannot express their freedoms & liberates. Firstly, if one is a distinguish as a criminal under indirect harm laws they will be condemned by society when they have not harmed any individual in society, in fact they have or are only wanting to do what they should able to do freely. Being considered a criminal, ones freedoms are limited to what people’s perception of them is, rather it be good or bad, they have to live according to societies demands. Secondly, these laws are in direct violation of one’s rights, as these individuals have not violated other individuals one rights as per…...

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