Ah, Joe. You’re not part of the new enlightenment. The old, superseded enlightenment took a narrow view of harm to others, where harm had to be directly imposed on other people, and “other people” was far too exclusionary. The new enlightenment says it’s a harm to others if those others can’t help themselves from coming in to rescue you if you get into trouble, so force can be used to keep you from taking risks.
It boggles the mind how often this view is a justification for the abuse of individual liberty. This particular post at Offsetting Behavior is funny, because its true–judges aren’t really designed to protect the Enlightenment notion of liberty, rather they’re more apt to protect the state interest.
Now I’m just making everything up.