Assessing the Principle of Harm from Stuart Mill's Perspective and Its Role in Safeguarding Individual Liberties in the Criminal Justice System
Subject Areas : Journal of Law and PoliticsHamidreza asimi 1 , Amir barani 2 *
1 - Ph.D of criminal law and criminology, University Tehran
2 - MA. in Law, Jurisprudence and Private Law, University of motahari, Tehran, Iran.
Keywords: Principles of Criminalization, Principle of Harm, Stuart Mill, Ethics, Liberty,
Abstract :
Criminalization is the architect of criminal law, wielding its suppressive power in various spheres of life. The consequence of such a vision is the quest for an ethical justification for criminalization. Alongside formal foundations like legality and the minimization of criminal law, substantive principles also play an enduring role. Among these, the principle of harm, in its broader interpretation, stands out as a fundamental pillar of criminalization. This article seeks to juxtapose the principle of harm within the framework of Stuart Mill with other formal and substantive foundations of criminalization, aiming to reveal a palpable connection between the deep-rooted structure of criminal law philosophy and liberal political and ethical thought. The article employs a fundamental and library-based research methodology. Recent approaches taken by the Iranian criminal legislator in pursuing its objectives, such as increasing birth rates, supporting values like the hijab, or regulating individuals' private preferences in pet ownership, compel us to scrutinize the substantive principles of criminalization and make the criminal legislator accountable. In summary, the principle of harm restricts governmental behavior in two ways. Firstly, it strives to prevent the government from employing paternalistic and perfectionist beliefs towards individuals, and later, it aspires to obstruct the majority's oppressive actions against the minority by setting clear boundaries.