based argument in “Autonomy, toleration, and the harm principle. excluding it is one of the goals of Joseph Raz’s autonomy-based argument in “Autonomy. Joseph Raz aligns practices with harms in a different way w person who fails to See “Autonomy, Toleration, and the Harm Principle,” in Issue. Philosophy, ed. First, it is essential for the concept of toleration that the tolerated beliefs .. Raz, J. , , “Autonomy, Toleration, and the Harm Principle,” in S.

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And such principles of moral respect and of reciprocity cannot be trumped by religious truths, according to Bayle, for reasonable religious faith is aware that ultimately it is based on personal faith and trust, not on apprehensions of objective truth.

Elements of a Constructivist Theory of JusticeA. Princeton University Press, — Mill had in mind in particular the security interests and autonomy interests of persons.

The Limits of Law

For all the fatal deficiencies of Lord Devlin’s own view of the limits of the law, his challenge is extremely difficult to meet. Princeton University Press, 28— It has at least the means-ends or practical limits that have just been discussed. If we combine the halves we get this: For all this tension points to is the need for more care in stating the correct basis of Mill’s utilitarianism.

But such a conclusion would be premature.

Freedom and Autonomy – Oxford Scholarship

In other words, there is the danger of an insufficient distinction between the components of objection and rejection mentioned above section 1. This shows that there are cases in which tolerance is not the solution to intolerance. Adopting a value-pluralist notion of morality, he argues in short that even though:. Has confusion here wrought Mill’s principlw

The Limits of Law (Stanford Encyclopedia of Philosophy/Spring Edition)

To set a reading intention, click through to any list item, and look for the panel on the left hand side:. Raz does not follow Mill’s utilitarian path to the defence of the harm principle.


The first one requires an assessment of the conflicts that require and allow for toleration, given the history and character of the princippe involved; and the second requires an adequate and convincing normative justification of toleration in princippe given social context.

Jermaine Pennant, an England Under soccer international, was included in Birmingham’s starting line-up to face Spurs in a game in the top division of the English football league: In English society today none of the mainstream political parties takes the view of homosexuality Devlin thought widespread in the s, or, more pertinently in Devlinite terms, believes that there are votes to be gained from advocating such a view.

In each case the law has overreached itself. In Judaism and Islam, this was mirrored by writers such as Maimonides or Ibn Rushd Averroeswhose defense of philosophical truth-searching against religious dogma is arguably the most innovative of the period see esp. Now clearly if a comprehensive doctrine such as natural law theory with its robust conception of the good life can pass the test, the test is likely to be a blunt instrument.

Why should coercion not be used to eliminate repugnant options? Christian arguments thus both form the core of many modern justifications of toleration and yet are janus-faced, always bound by the superior aim to serve the true faith.

Two Theses According to QuongRaz is committed to the following theses: This may not lead to a stable social situation in which trust can develop, for once the constellation of power changes, the more powerful group may no longer see any reasons for being tolerant cf. A major worry here is that this has not advanced us at all. He has produced a number of arguments for this position Nagel [ 11 ].


In detail the argument is this:. But it is this very aspect of his thought which makes his view untenable. Social and political equality and integration are thus seen to be compatible with cultural difference—within certain moral limits of reciprocity.

Third, one might say joseh argument is inadequate because it is a highly controversial view, believed only by a small number and rejected by most.

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Princpile Mill recommends, in Gray’s interpretation, is that the successful maximization of happiness must proceed with a ban in certain contexts on its direct pursuit: Mill thought that no other moral ground would be good enough. They lie at the point where there are reasons for rejection that are stronger than the reasons for acceptance which still leaves open the question of the appropriate means of a possible intervention ; call this the rejection component.

In State v Brown for example, the harn facts were tlleration the defendant beat his wife when she drank alcohol, doing so at her prior request, as she thought this would be the most effective way to cure her severe alcoholism.

Mill offers three main arguments for toleration. His central claim is that the harm principle is defensible on the basis of toleeration principle of autonomy for one simple reason: But in the light ;rinciple it, how does thr harm principle get a look in? A Politics of PerformativeAbingdon: Harvard University Press, Devlin’s main point was to argue that this specific theoretical conclusion did not stand up. Academic Tools How to cite this entry. Law must seek to do the best possible with the tools available.

As we saw when discussing neutrality, no neutralist argues the law need be neutral about what is right. Please, subscribe or login to access full text content.

But this is merely a contingent truth and if our houses were built differently the content of the law to be enforced could legitimately be the opposite of what it is.

Lord Devlin in the quotation at the start of the essay denies that there are any such limits.