Mill, the Freedom from Sanction, and the Freedom to Sanction

Research output: Other Conference ContributionsConference Paper (other)

Abstract

Mill's position on freedom of expression is attractive when understood as a position on freedom from legal restrictions on speech. However, Mill claims that it is more: it is a principle limiting justifiable social restrictions on speech, as well. Unfortunately, Mill's position on freedom of expression is counterintuitive once we include freedom from informal social sanctions. More importantly, the Harm Principle cannot be used as the norm for governing when moral censure of speech is and is not appropriate. Moral censure itself is a form of speech, and so requiring that we limit its use according to the Harm Principle will result in inconsistent verdicts about whether certain instances of expression are permissible.
Original languageEnglish
Publication statusPublished - 12 Oct 2018
EventInternational Workshop on Punishment and J.S. Mill : Themes from the Work of C.L. Ten - Chinese University of Hong Kong, Hong Kong, Hong Kong
Duration: 12 Oct 201813 Oct 2018
http://www.phil.arts.cuhk.edu.hk/web/event/international-workshop-on-punishment-and-j-s-mill-themes-from-c-l-ten/

Workshop

WorkshopInternational Workshop on Punishment and J.S. Mill : Themes from the Work of C.L. Ten
CountryHong Kong
CityHong Kong
Period12/10/1813/10/18
OtherOrganised by Department of Philosophy, The Chinese University of Hong Kong
Supporting organization: CUHK Centre for Bioethics
Internet address

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Bibliographical note

Invited paper.

Cite this

BAKER, D. C. (2018). Mill, the Freedom from Sanction, and the Freedom to Sanction. Paper presented at International Workshop on Punishment and J.S. Mill : Themes from the Work of C.L. Ten, Hong Kong, Hong Kong.
BAKER, Derek Clayton. / Mill, the Freedom from Sanction, and the Freedom to Sanction. Paper presented at International Workshop on Punishment and J.S. Mill : Themes from the Work of C.L. Ten, Hong Kong, Hong Kong.
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abstract = "Mill's position on freedom of expression is attractive when understood as a position on freedom from legal restrictions on speech. However, Mill claims that it is more: it is a principle limiting justifiable social restrictions on speech, as well. Unfortunately, Mill's position on freedom of expression is counterintuitive once we include freedom from informal social sanctions. More importantly, the Harm Principle cannot be used as the norm for governing when moral censure of speech is and is not appropriate. Moral censure itself is a form of speech, and so requiring that we limit its use according to the Harm Principle will result in inconsistent verdicts about whether certain instances of expression are permissible.",
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BAKER, DC 2018, 'Mill, the Freedom from Sanction, and the Freedom to Sanction', Paper presented at International Workshop on Punishment and J.S. Mill : Themes from the Work of C.L. Ten, Hong Kong, Hong Kong, 12/10/18 - 13/10/18.

Mill, the Freedom from Sanction, and the Freedom to Sanction. / BAKER, Derek Clayton.

2018. Paper presented at International Workshop on Punishment and J.S. Mill : Themes from the Work of C.L. Ten, Hong Kong, Hong Kong.

Research output: Other Conference ContributionsConference Paper (other)

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T1 - Mill, the Freedom from Sanction, and the Freedom to Sanction

AU - BAKER, Derek Clayton

N1 - Invited paper.

PY - 2018/10/12

Y1 - 2018/10/12

N2 - Mill's position on freedom of expression is attractive when understood as a position on freedom from legal restrictions on speech. However, Mill claims that it is more: it is a principle limiting justifiable social restrictions on speech, as well. Unfortunately, Mill's position on freedom of expression is counterintuitive once we include freedom from informal social sanctions. More importantly, the Harm Principle cannot be used as the norm for governing when moral censure of speech is and is not appropriate. Moral censure itself is a form of speech, and so requiring that we limit its use according to the Harm Principle will result in inconsistent verdicts about whether certain instances of expression are permissible.

AB - Mill's position on freedom of expression is attractive when understood as a position on freedom from legal restrictions on speech. However, Mill claims that it is more: it is a principle limiting justifiable social restrictions on speech, as well. Unfortunately, Mill's position on freedom of expression is counterintuitive once we include freedom from informal social sanctions. More importantly, the Harm Principle cannot be used as the norm for governing when moral censure of speech is and is not appropriate. Moral censure itself is a form of speech, and so requiring that we limit its use according to the Harm Principle will result in inconsistent verdicts about whether certain instances of expression are permissible.

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M3 - Conference Paper (other)

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BAKER DC. Mill, the Freedom from Sanction, and the Freedom to Sanction. 2018. Paper presented at International Workshop on Punishment and J.S. Mill : Themes from the Work of C.L. Ten, Hong Kong, Hong Kong.