John Stuart Mills

Question 1

What fundamental Freedoms do we have as per charter s2?

Answer 1

1. of conscience and religion
2. thought, belief, expression opinion (including press/media)
3. peaceful assembly
4. of association

Question 2

S7 charter?

Answer 2

has the right to life, liberty, and security and cannot be deprived except with accordance to the principles of fundamental justice

Question 3

S8 charter?

Answer 3

right to be secure against unreasonable search and seizure

Question 4

s9 charter?

Answer 4

Right to not be arbitrarily detained or imprisoned

Question 5

Who came up with the harm principle?

Answer 5

John Stuart Mills

Question 6

Mills view on religion and the state?

Answer 6

the state should be neutral when it comes to religion, or not support religion at all as it is unfair for them to favour

Question 7

Utalitarianism

Answer 7

• emphasis on individual liberty
• goal of society is to maximize pleasure, minimize pain and have the greatest good for the greatest anount of people

Question 8

Positive Liberty

Answer 8

Liberty of self governance- self governing

Question 9

Negative Liberty

Answer 9

Freedom from interference from others (Mills)

Question 10

Who has the concept of the two types of liberties and what are they?

Answer 10

Isaiah Berlin, positive and negative liberty

Question 11

According to Mills, when is the only time you can interfere?

Answer 11

for self protection- or only to prevent harm to others.

Question 12

According to mills, should you interfere if someone is causing harm to their own well being?

Answer 12

Absolutely not, the only time society can and should interfere is when it regards others

Question 13

When can society tell you what to do?

Answer 13

1. when you are harming others
2. when you are neglecting a duty you owe to others

Question 14

What are mills exceptions?

Answer 14

1. children
2. “barbarians”- people of backward state- he says gov. should be able to have full rule over these people to make the better

Question 15

Domain of liberty

Answer 15

the domain of your life that concerns only yourself and those who have made their own choice to be affected by you

Question 16

Utility

Answer 16

Maximize overall benefit to society
Maximizing freedom and min. intervention in peoples lives

Question 17

aAccording to Mills, what is freedom?

Answer 17

pursuing your own good in your own way as long as you’re not depriving others of their freedom

Question 18

Why does Mills advocate for free speec/expression?

Answer 18

allows for truth to be debated and tested- even if what is beinf debated turns out to be wrong, we all learn from testing

Question 19

Tyranny of the majority?

Answer 19

Society has its own rules and norms that people follow, those who don’t are shunned. This type penetrates the soul, worse than gov. tyranny.

Question 20

When can freedom of speech be punishable

Answer 20

When it can cause harm/ violence to invoke on someone else

Question 21

Can we encourage each other to make better choices according to Mills?

Answer 21

we owe it to each other to encourage to seek better but we must not coerce

Question 22

is the harm principle a part of canadian law?

Answer 22

No, we can and do criminalize things that cause harm to only ourselves

Question 23

remoteness objection?

Answer 23

whos to say that your harm isn’t harming someone else- if your self harm is stopping you from fufilling your duties only then should you be punished

Question 24

Paternalist objection

Answer 24

why as a socitety can we not illegalize activities that we know are bad for you? - if we interfere we will do it wrong, this is a self regarding situation, we don;t acc care about the harm to themselves part its more about them goiung against the norm

Question 25

Malmo- Levine case

Answer 25

Marijuana smoker, posession and possible trafficking, tried to use harm pricniple (s7) and said that its a part of his life and isnt harming others

Question 26

What market does Mills prefer?

Answer 26

free market, technically this is an area that can be regulated but shouldn’t be because it won;t give best results

Question 27

Mills on marriage?

Answer 27

if both people want to they should be able to divorce, hwoever, they have a moral obligation to consider others affected

Question 28

Mills and education

Answer 28

Education should be mandatory, paid for by parents but subsidies for those who can’t afford
- state should not set curriculum, want diversity
- mandatory testing but only on facts n such

Question 29

Mills and the Gov.

Answer 29

1 likely better done by individuals than gov.
2. indv may not be able to do things as good or efficient but it will be good for them as they will learn
3. we cannot give the gov all the power and let thme control everything
4. mostky self gov but state should be there to guide and direct people to where they can find assistance