Law 5110 Study Guide - Quiz Guide: Joel Feinberg, John Stuart Mill, Harm Principle
Document Summary
In a liberal state, there is something equivalent to the right not to be punished. The burden of proof should be placed on who wants to turn non-criminal activity into an offense: the principle of individual autonomy. Each individual should be treated as responsible for his own behavior. Factual element: individuals have the capacity and sufficient free will to make meaningful choices. Compromise: behavior is not so determined that blame is generally unfair and inappropriate, but that in certain circumstances, behavior displaces free will. Sane adults may be held liable for their conduct and for matters within their control. Principle of alternative possibilities - individual held responsible for conduct only if he or she could have done otherwise. Normative element: individuals should be respected and treated as capable of choosing their acts and omissions and without recognizing this capability can hardly be viewed as moral persons. Most basic autonomy right: how to live one"s life.
