Skip to content

Harm Principle

Definition

The idea, associated with John Stuart Mill, that the only legitimate ground for the state to restrict a person's conduct through law is to prevent harm to others, not merely to prevent harm to that person or to enforce a shared morality.

Related terms

Legal Moralism
The position, associated with Patrick Devlin, that the state may criminalise conduct simply because a society's shared moral code condemns it, even...
Codification
The consolidation of criminal law into a single systematic statute, or code, drafted in advance, as opposed to letting offences accumulate through...
Criminalisation
The formal process by which a legislature converts a previously lawful or merely deviant act into a criminal offence, typically by enacting...
Decriminalisation
The formal removal of conduct from the category of offence, here applied to the movement away from treating status conduct as court...
Moral Panic
A period of intense, media-driven public anxiety about a group or behaviour perceived as an exceptional threat to social order. Coined by...
Moral Regulation
The use of law to enforce a shared standard of conduct or virtue, independent of any measurable harm to a third party.
Overcriminalisation
A pattern in which legislatures create so many criminal offences, including minor regulatory ones, that the criminal law's reach outgrows its capacity...
Vagrancy Law
Legislation that criminalises being without a fixed residence, visible means of support or, in some versions, the act of begging in public.
Victimless Crime
An offence built around conduct where no identifiable third party is harmed against their will, typically because the participants consent or the...
Consensual Crime
An offence built on an exchange between willing participants, such as commercial sex, where the label victimless is most contested.
Model Penal Code
A model statute drafted by the American Law Institute and published in 1962, never itself binding law, but widely adapted by United...
Nordic Model
A sex-work regulation approach, first enacted in Sweden, that criminalises the buyer of sex while decriminalising the seller.

Explained in these topics