type one for Ripstein
Ripstein’s “Beyond the Harm Principle” goes into depth to depict the sovereignty principle. Apart from the definition, Ripstein spends significant time also illustrating the difference between the harm, offense, and sovereignty principle, but he spends the most time on the harm. He defines the sovereignty principle as, “the basis for those limits [of state power] in terms of ideas of individuality and independence” (p.215). In general, the sovereignty principle outlines the freedom of the people from the state government, in terms of mutual independence. Ripstein utilizes one specific example throughout the article to articulate how the sovereignty principle and harm principle interact. His example was if a person goes into your home when you are out and takes a nap in your bed. They bring their own sheets, don’t ruin anything in the house, and their weight does not compromise the mattress’s integrity. The question here is that was any harm done to you? Yes, a stranger slept in your bed without consent, but there was no harm done to your property or person. Ripstein then goes on to use the sovereignty principle to point out the holes within the harm principle through this example. He states that if the harms of fear and bad character fall under the harm principle, then, “the harm principle underwrites many of the prohibitions it is supposed to” (p.222). Overall, the sovereignty principle defines individual freedoms, while the harm principle defines the freedoms that should be restricted.
For the rest of the article, Ripstein goes to define the sovereignty principle in great detail. The key part of this principle is that you are your own person, and can only tell yourself what to do. If another orders you, you then become their subject instead. Additionally, your personal property can be affected through the sovereignty principle, not just your independence. One can be deprived of their property or it be used in ways you did not consent to. The nap in the stranger’s bed example Ripstein created aligns with this aspect of the principle. The principle is similar to Rousseauian ideas that both laws and institutions are public. As a a whole, the sovereignty principle outlines how an individual has free will to make their own decisions, and how your independence can be affected by higher institutions. These institutions are responsible for being equal and open to the public.
The sovereignty principle applies to the idea of imminent domain. Is it right for the government, a higher institution, to take your property without consent? Or is it your responsibility to help make your property public.
The sovereignty principle applies to many examples in today’s time, with government growing larger and the population as well.
