{"title":"密尔对卖淫的困惑立场及其伤害原则","authors":"Mark Tunick","doi":"10.1017/s003181912300027x","DOIUrl":null,"url":null,"abstract":"Abstract J.S. Mill argues against licensing or forced medical examinations of prostitutes even if these would reduce harm, for two reasons: the state should not legitimize immoral conduct; and coercing prostitutes would violate Mill's harm principle as they do not risk causing non-consensual harm to others, their clients do. There is nothing puzzling about Mill opposing coercive restrictions on self-regarding immoral conduct while also opposing state support of that conduct. But why does Mill oppose restrictions on prostitutes’ liberty if those restrictions could prevent harm to third parties? Mill's position is not puzzling once we recognize that his harm principle is not a harm-prevention principle that warrants restrictions on liberty to prevent harm no matter who caused it (as David Lyons famously argued) but instead warrants restrictions on liberty only of individuals who are the morally relevant cause of that harm. Mill's discussion of prostitution shows he prioritizes both individuality and moral progress over harm reduction.","PeriodicalId":54197,"journal":{"name":"PHILOSOPHY","volume":"52 1","pages":"0"},"PeriodicalIF":0.8000,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"J.S. Mill's Puzzling Position on Prostitution and his Harm Principle\",\"authors\":\"Mark Tunick\",\"doi\":\"10.1017/s003181912300027x\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract J.S. Mill argues against licensing or forced medical examinations of prostitutes even if these would reduce harm, for two reasons: the state should not legitimize immoral conduct; and coercing prostitutes would violate Mill's harm principle as they do not risk causing non-consensual harm to others, their clients do. There is nothing puzzling about Mill opposing coercive restrictions on self-regarding immoral conduct while also opposing state support of that conduct. But why does Mill oppose restrictions on prostitutes’ liberty if those restrictions could prevent harm to third parties? Mill's position is not puzzling once we recognize that his harm principle is not a harm-prevention principle that warrants restrictions on liberty to prevent harm no matter who caused it (as David Lyons famously argued) but instead warrants restrictions on liberty only of individuals who are the morally relevant cause of that harm. Mill's discussion of prostitution shows he prioritizes both individuality and moral progress over harm reduction.\",\"PeriodicalId\":54197,\"journal\":{\"name\":\"PHILOSOPHY\",\"volume\":\"52 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-10-25\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"PHILOSOPHY\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/s003181912300027x\",\"RegionNum\":2,\"RegionCategory\":\"哲学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"0\",\"JCRName\":\"PHILOSOPHY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"PHILOSOPHY","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/s003181912300027x","RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"0","JCRName":"PHILOSOPHY","Score":null,"Total":0}
J.S. Mill's Puzzling Position on Prostitution and his Harm Principle
Abstract J.S. Mill argues against licensing or forced medical examinations of prostitutes even if these would reduce harm, for two reasons: the state should not legitimize immoral conduct; and coercing prostitutes would violate Mill's harm principle as they do not risk causing non-consensual harm to others, their clients do. There is nothing puzzling about Mill opposing coercive restrictions on self-regarding immoral conduct while also opposing state support of that conduct. But why does Mill oppose restrictions on prostitutes’ liberty if those restrictions could prevent harm to third parties? Mill's position is not puzzling once we recognize that his harm principle is not a harm-prevention principle that warrants restrictions on liberty to prevent harm no matter who caused it (as David Lyons famously argued) but instead warrants restrictions on liberty only of individuals who are the morally relevant cause of that harm. Mill's discussion of prostitution shows he prioritizes both individuality and moral progress over harm reduction.
期刊介绍:
Philosophy is the journal of the Royal Institute of Philosophy, which was founded in 1925 to build bridges between specialist philosophers and a wider educated public. The journal continues to fulfil a dual role: it is one of the leading academic journals of philosophy, but it also serves the philosophical interests of specialists in other fields (law, language, literature and the arts, medicine, politics, religion, science, education, psychology, history) and those of the informed general reader. Contributors are required to avoid needless technicality of language and presentation. The institutional subscription includes two supplements.