Governance, Law and the Harm Principle: A Millian Exploration

Abstract

This paper explores the interrelationship between governance, law, and the Harm Principle as articulated by John Stuart Mill in his seminal work, On Liberty. Mill’s Harm Principle offers a compelling normative framework for evaluating legal and political authority. The paper critically examines how the principle can influence contemporary governance and legal systems, particularly in liberal democracies. The Harm Principle simply states that the liberty of an individual should only be restricted if it threatens to bring harm to other members of the society. This raises critical problem as regards the functions of law and governance in preserving common good without truncating individual rights.