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Single Idea 23524
[filed under theme 25. Social Practice / D. Justice / 2. The Law / a. Legal system
]
Full Idea
An official report [of 1957] on homosexuality declared that 'there must remain a realm of private morality and immorality which is, in brief and crude terms, not the law's business'.
Gist of Idea
Some private moral issues are no concern of the law
Source
H.L.A. Hart (Law,Liberty and Morality [1963], I 'Conspiracy')
Book Ref
Hart,H.L.A.: 'Law,Liberty and Morality' [OUP 1968], p.14
A Reaction
We might wonder whether these issues are actually moral, if the law is not interested in them. Are they just a matter of taste? The law doesn't enforce a preference for Mozart over Salieri.
The
17 ideas
with the same theme
[the system used by a government to enforce laws]:
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6326
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The better known the law, the more criminals there are
[Laozi (Lao Tzu)]
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347
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Will I stand up against the law, simply because I have been unjustly judged?
[Socrates]
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2806
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Man is the worst of all animals when divorced from law and justice
[Aristotle]
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2816
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If it is easy to change the laws, that makes them weaker
[Aristotle]
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22556
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Laws that match people's habits are more effective than mere written rules
[Aristotle]
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19881
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The aim of law is not restraint, but to make freedom possible
[Locke]
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19819
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The state ensures liberty, so civil law separates citizens, and binds them to the state
[Rousseau]
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14847
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Laws that are well thought out, or laws that are easy to understand?
[Nietzsche]
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20932
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Positive law needs secondary 'rules of recognition' for their correct application
[Hart,HLA, by Zimmermann,J]
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23523
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The principle of legality requires crimes to be precisely defined in advance of any action
[Hart,HLA]
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23524
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Some private moral issues are no concern of the law
[Hart,HLA]
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23521
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Do morals influence law? Is morality an aspect of law? Can law be morally criticised?
[Hart,HLA]
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23525
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Is the enforcement of morality morally justifiable?
[Hart,HLA]
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23526
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Modern law still suppresses practices seen as immoral, and yet harmless
[Hart,HLA]
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23259
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There should be separate legislative, executive and judicial institutions
[Grayling]
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20612
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If being subject to the law resembles a promise, we are morally obliged to obey it
[Tuckness/Wolf]
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20611
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If others must obey laws that we like, we must obey laws that they like?
[Tuckness/Wolf]
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