Read the module and answer 2-3 of the questions listed below
(i) What are the four main grounds for justifying legal prohibitions (as articulated by Joel Feinberg)?
(ii) What is the core argument of John Stuart Mill’s harm principle?
(iii) What is the importance of the “sphere of liberty,” for Mill, and what is its legal significance?
(iv) How does Mill differentiate between harm and offence, and what are the implications of differentiating them in that way?
(v) What is the significance of the distinction between self-regarding harm and other-regarding harm, according to Mill?
(vi) How do basic and general liberties differ, according to Mill? Discuss the distinction (do you think it makes sense?), and elaborate on some examples of each.
(vii) What potential criticisms of the harm principle can you think of?
(viii) What are the main arguments or rationales Mill makes in defence of freedom of expression?
(ix) What are the main claims on behalf of paternalism? Be sure to differentiate between paternalism for adults and paternalism with regard to children.
(x) What are the ten types of paternalism, according to Gerald Dworkin, and how has each been characterized and distinguished from the others?
(xi) How might some of the different types of paternalism be combined? Give some examples of policy positions that illustrate potential combinations.
(xii) What are the main claims of the position known as legal moralism, as articulated by Patrick Devlin?
(xiii) What were the specific criticisms that H. L. A. Hart made against Devlin’s arguments in relation to legal moralism?
(xiv) What other potential criticisms of legal moralism can you think of?
(xv) Can you think of other examples from everyday life of paternalism, legal moralism, or the harm principle in action?