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The Harm Principle

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That conduct is harmful to other persons is a necessary but not sufficient basis in principle for prosecuting it through the criminal law. Discuss. Overview It will be argued that there is no blanket rule as to whether harm is necessary and sufficient for the criminalisation of conduct. Harm is not necessary where there are other more pressing reasons to criminalise behaviour. And harm alone may or may not be sufficient to criminalise conduct, depending on other relevant factors that need to be considered in the interest of proportionality. Three possible cases and they will be considered in turn below: 1. Where harm is not necessary; 2. Where harm is necessary but not sufficient; 3. Where harm is necessary and sufficient. Meaning of harm Feinberg defines harm as "those states of set-back interest that are the consequences of wrongful acts or omissions of others".1 This will be adopted for the purpose of this essay. Question of balance To argue...

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