Privacy 1 - Mill's Harm Principle Revisited Private(self-regarding sphere in which individuals enjoy rights to liberty = the sphere of liberty

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Mill's Harm Principle Revisited Private (self-regarding) sphere, in which individuals enjoy rights to liberty = the sphere of liberty required for individuality HP (final statement): (i) Only reason to interfere with individual liberty in the private sphere is to prevent harm to rights of others. Some acts in "self-regarding" sphere do harm others General utility of rule protecting privacy for sake of individuality justifies this harm (ii) All other social compulsions (outside the self-regarding sphere) limited by reasons of general utility, excluding paternalistic and moralistic reasons. Paternalism, moralism interfere w/ individuality; reasons of fairness, public goods, duties to help do not
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Alternative Social Contract of HP, DL Obj.: individuality not a consensus value Pluralism: intractable disagreement about religion, morals Hypothetical social contract: would one be willing to accept legislation on matter x, whether one was in majority or minority? If not, then x should be protected from majority legislation, given to individual choice (bill of rights) reject tyranny of majority state enforcement of common views not needed for social order, ordered liberty, or peaceful cooperation
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A Constitutional Right to Privacy? Case: birth control Griswold v. Conn. Implied right to privacy of marital association, home construed from: 1 st Am: freedom of speech association 3 rd Am: no quartering of soldiers in peacetime w/o homeowner consent 4 th Am: no unreasonable search, seizure: security of persons, homes, property 5 th Am: no forced self-incrimination right to due process of law 9 th Am: enumeration of rights shall not be construed to deny others
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Expansion of Right to Privacy by Spm. Court Griswold v. Conn. , 1965: right of married couples to use contraceptives Loving v. Virginia , 1967: right of cross-racial marriage, sexual relations Stanley v. Georgia , 1969: right to read obscene material in privacy of home Eisenstadt v. Baird , 1972: right of unmarried couples to use contraceptives Roe v. Wade , 1973: right to abortion Expansion halted by Bowers v. Hardwick
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This note was uploaded on 01/15/2012 for the course PHIL 359 taught by Professor Anderson during the Fall '09 term at University of Michigan.

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Privacy 1 - Mill's Harm Principle Revisited Private(self-regarding sphere in which individuals enjoy rights to liberty = the sphere of liberty

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