2020
DOI: 10.5204/ijcjsd.v9i3.1280
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Rebuilding the Harm Principle: Using an Evolutionary Perspective to Provide a New Foundation for Justice

Abstract: Following Mill’s (1859) definition, the ‘harm principle’ came to dominate legal debates about crime and the appropriate response of the justice system, effectively replacing official talk of morality in modern secular societies. However, the harm principle has collapsed without an accepted definition of harm or a method to adjudicate between competing claims. To address this, we propose a definition of ‘good’ derived from evolutionary perspectives. From this, a universal goal for so… Show more

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Cited by 5 publications
(2 citation statements)
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“…If not, the ability for the criminal justice system to tackle and prosecute such instances of harm would be extremely challenging. Instead, an act that produces significant suffering (may it be physical, social, or emotional, no matter its legal definition) should receive academic consideration (Beirne 2002;White 2013;Gibney and Wyatt 2020). If not, any harm, no matter its severity (such as someone stubbing their toe on a door) could be up for criminal trial and prosecution, which would, of course, devalue the justice system and the true suffering experienced by billions of beings across the globe.…”
Section: Theoretical Frameworkmentioning
confidence: 99%
“…If not, the ability for the criminal justice system to tackle and prosecute such instances of harm would be extremely challenging. Instead, an act that produces significant suffering (may it be physical, social, or emotional, no matter its legal definition) should receive academic consideration (Beirne 2002;White 2013;Gibney and Wyatt 2020). If not, any harm, no matter its severity (such as someone stubbing their toe on a door) could be up for criminal trial and prosecution, which would, of course, devalue the justice system and the true suffering experienced by billions of beings across the globe.…”
Section: Theoretical Frameworkmentioning
confidence: 99%
“…Research ethics can learn from criminology about the foundational concept of harm. Harm replaced morality as the key principle driving the development of law in mid-19th century Europe (Gibney & Wyatt, 2020). In recent decades, however, many criminologists have begun to look at harm in a different way.…”
Section: Ethics As Harm Avoidancementioning
confidence: 99%