Constitutional Law and Rights

These flashcards cover key concepts, persons, and principles discussed in the lecture on constitutional law, focusing on rights and Mill's philosophical views.

John Stuart Mill

A philosopher known for his writings on liberty and utilitarianism.

Greatest Happiness Principle

A moral principle that actions are right if they promote happiness and wrong if they produce pain.

Harm Principle

The only justification for state interference in individual liberty is to prevent harm to others.

Negative Liberty

Freedom from interference by the state or others.

Positive Liberty

The freedom to do something and often implies a duty for the state to provide certain things.

Utilitarianism

A moral theory that advocates for actions that promote the greatest happiness for the greatest number.

Natural Rights

The idea that individuals have inherent rights; Mill rejected this as a basis for rights.

Constitutional Protections

Rights and liberties that are safeguarded from government interference, as understood in legal philosophy.

Paternalism

The practice of the state intervening in individuals' choices purportedly for their own good.

Moralism

The enforcement of societal moral standards by the law.

Self-Regarding Action

An action that primarily concerns the individual and does not directly affect others.

Other-Regarding Action

An action that affects others and can justify state interference.

Medical Paternalism

A form of paternalism involving state interference in medical decisions for protective reasons.

Offense Principle

The idea that actions can be limited if they cause severe offense or discomfort to others, supplementing Mill's harm principle.

Autonomy

The capacity to make one's own choices and govern oneself, essential to individual liberty.

Consent

The agreement of individuals to engage in an action together, necessary for just actions under Mill's view.

Liberty of Conscience

The absolute freedom of individual thought and belief without state intervention.

Liberty of Expression

The right to express one's beliefs and opinions without interference from the state.