Legal moralism examples. template 2019-01-16

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Essay about Legal Moralism

legal moralism examples

In legal case 1, Pat is hired for a position that is located in another city and is required to move his family and start a new life. This is particularly the case as more becomes known about the cost to individuals and society of certain forms of personal behaviour, such as gambling, consumption of unhealthy food, alcohol abuse and smoking of tobacco. The unfairness of strict liability, even in a harm preventing system, strikes me as involving the unfairness of holding people to rules to which they lack substantial capacity to conform -- something to be avoided, through mens rea requirements, in any just system of substantive criminal law. Who is the judge of one's own welfare? Legal moralism is best articulated in Plato's Republic where Socrates argues that the job of the state is to create and enforce laws to foster moral citizens. Liberalism will indeed require this minimal level of procedural fairness if one wants to call it that , for a system without this level of fairness would hardly be a system of rules at all and would be at least as scary and unpredictable as the state of nature. It would, of course, be unfair to ignore such factors in a system that exists to target them in addition to targeting the responsible creation of grievances. Thus any form of liberalism that would seek to package them together may indeed risk the kind of deconstruction that radicals like to predict.

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Paternalism and Legal Moralism, part of Criminal Justice Ethics by Paul Leighton and Jeffrey Reiman

legal moralism examples

Not only do they challenge the fundamental principle that individuals should have sovereignty over themselves when it comes to judging and acting on their own interests, but they also have the potential to do more harm than good. And the only plausible way to discharge this duty towards the government is to obey its laws. The free will theodicy a standard theistic response to the problem of evil places significant value on free will: free will is of such substantial value, that God's gift of free will to humans was justified, even though this gift foreseeably and regularly results in the most monstrous of evils. A mens rea requirement of intention or knowledge as a condition of responsibility, however, is a far cry from a requirement for moral culpability or blameworthiness in a rich retributive sense; and thus if the liberal has a fondness for the latter he may indeed be bordering on inconsistency,. Hart supported the findings of the Wolfenden Report and even argued that it should have gone further regarding its recommendations on the regulation of homosexuality. But this is controversial and one would like to see it argued.

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What are some examples of things that are morally wrong, but not illegal?

legal moralism examples

They should be read as such. It is a regulation that reinforces, rather than erodes, personal responsibility. The restitutionary justification focuses on the effect of the offender's wrongful act on the victim. In what follows I shall be concerned to argue that 1 -- given certain plausible interpretations -- is in tension with both 2 and 3 -- given certain plausible interpretations. On this view, punishment deters wrongdoing by persons who would otherwise commit wrongful acts. Moore is probably best interpreted as a perfectionist liberal.


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Quiz & Worksheet

legal moralism examples

For example, a person may choose to ride their motorcycle without a helmet and suffer traumatic head injury as a consequence. Legal moralist does not have the flexibility to keep up with the ever changing values and traditions of the society. Dworkin offers a hypothetical consent justification for his limited legal paternalism. And the peculiar evil is this, that the less money you have, the less inclined you feel to spend it on wholesome food. On this view, a person who accepts benefits from another person thereby incurs a duty of gratitude towards the benefactor.

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(PDF) What is Legal Moralism?

legal moralism examples

Arguably, they could form the basis of a framework for evaluating such interventions. And yet nobody involved in the Hart-Devlin debate has seemed to think it important to bring to bear on the discussion any theories of sexuality -- its social and personal nature and importance. There must exist standards so that the benefits to the subjects and others are real and with a real possibility to be realized. Individuals have little influence over their composition. Following this, the paper suggests that, while paternalism may be theoretically justifiable in certain circumstances, this still leaves some crucial practical questions to be answered. I have particularly been concerned with the tensions between The Harm Principle and two other principles: the Retributive Principle that moral blameworthiness is relevant to setting degrees of punishment and the principle Fundamental Rights Constitutionalism that some few liberties are so much more important than others that they deserve special protection at the constitutional level. An example of the former would be a friend who will not let another friend ride in their car without wearing a seat belt; an example of the latter would be laws against riding in a car without wearing a seat belt.

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Legal Moralism

legal moralism examples

I am inclined to think that the Stephen-Devlin challenge remains to some degree unanswered. Specifically, I began to worry that the retributive account of punishment to which I was drawn on moral grounds might not be consistent with the generally liberal theory of the state to which I was also drawn. When he asks his lawyer whether some contemplated action is legal, what he wants to know is how public power is going to affect him. The fact that I have the formidable forces of Feinberg, Hampton and Morris all aligned against me on this issue makes me feel a deep anxiety that there is something important that I am missing. New paternalists frequently argue that it is either orthodox welfare policies or earlier forms of paternalist policy that have helped to create dependency and dysfunction among the poor, through their failure to demand that they make themselves economically independent. They would exercise a proxy consent. Should those subject to the intervention expect to be consulted in the design and operation of any intervention? Joel Feinberg, Harmless Wrongdoing, supra note 3, at 150.

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Ethics Ch. 8 Flashcards

legal moralism examples

In other words, such theists should oppose legal moralism. One could argue that a majority of citizens in a democracy have a right to enforce their strong moral convictions but that they do not have a right to enforce all of their strong convictions regardless of their basis. Issues of evidence are themselves particularly complex and will be discussed in detail in a later section of the paper. Society Is held by common thoughts of Individuals. As noted above, income management refers to arrangements whereby a percentage of the income support and family payments of certain people is set aside to be spent only on priority goods and services, such as food, housing, clothing, education and health care.

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AUTONOMY

legal moralism examples

And therefore never send to know for whom the bell tolls; it tolls for thee. Sometimes the role of paternalist is thrust upon the unwilling, as when we find ourselves the custodian and proxy for an unconscious or severely retarded relative. It can be based on relatively good knowledge, as in the case of paternalism over young children or incompetent adults. Is this like giving up the freedom to pursue a hobby? For example, if it is argued by the state that smoking in public areas is harmful to others, then prohibiting this act is justified under the harm principle and not paternalistic. For example, it could be argued that paternalist interventions are necessary to ensure that the poor spend what money they have on healthy food, rather than on items that are not in their long-term interest, such as fast food, alcohol and tobacco this is more or less the logic behind the policy of income management of welfare payments. However, given that we may almost certainly assume that these people are likely to subsequently regret their choice to take up smoking, especially when its impacts are felt, there are grounds for justifiable paternalism to protect them from their current selves.

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