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Violation of an Individuals Right of Liberty - Essay Example

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In the essay “Violation of an Individual’s Right of Liberty,” the author analyzes John Stuart Mill’s argument that paternalistic interference is a violation of an individual’s right of liberty. According to Mill’s stance on liberty, it involves two different principles…
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Violation of an Individuals Right of Liberty
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Extract of sample "Violation of an Individuals Right of Liberty"

By making a set of rules and putting restrictions the system tries to confine and form a community which it deems correct rather than letting the individuals’ form a society they think is an ideal one. Although paternalism claims to have the best of intentions for a person yet it is not necessary that the individual also sees it as a means for a better life. Fort Mill, such interference is not only offensive but also an abuse of his autonomy. Paternalistic interference can be categorized into pure and impure types of interventions.

Pure paternalism deals with restrictions that ensure the benefit of an individual. While impure paternalism tries to protect an individual by putting restrictions on one’s independence. Mill asserts that the majority of the individuals are rational adults who are aware of the fact that most of the paternalistic laws are made in order to remedy their safety. Yet it should be left for an individual to decide whether he wants to follow them or not i.e. freedom of choice should be granted because one learns best through one's mistakes.

He is not ignorant of the fact that not all individuals have some level of intelligence and for children specifically paternalistic restrictions are necessary though he says that some modicum of restraint should be observed. He also realizes in certain cases practice of restraint is necessary so an outside force is required for the implementation of such restrictions. Hence although in order to form law and order paternalistic restrictions are necessary yet some leniency should be granted in their practice so that it would not threaten an individual’s liberty and at the same time precautionary measures are also ensured.

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