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Full Idea
The question about morality and the law is also a question of morality - of whether the enforcement of morality is morally justified.
Gist of Idea
Is the enforcement of morality morally justifiable?
Source
H.L.A. Hart (Law,Liberty and Morality [1963], I 'Positive')
Book Ref
Hart,H.L.A.: 'Law,Liberty and Morality' [OUP 1968], p.17
A Reaction
This is a very nice meta-moral question. What moral standards are used to justify the enforcement of moral standards? Presumably there should be no contradiction between the levels, to brutally enforce softness, or softly recommend brutality?
| 23523 | The principle of legality requires crimes to be precisely defined in advance of any action [Hart,HLA] |
| 23524 | Some private moral issues are no concern of the law [Hart,HLA] |
| 23521 | Do morals influence law? Is morality an aspect of law? Can law be morally criticised? [Hart,HLA] |
| 23522 | In an organised society all actions have some effect on other people [Hart,HLA] |
| 23525 | Is the enforcement of morality morally justifiable? [Hart,HLA] |
| 23529 | Conduct is not isolated from its effect on the moral code [Hart,HLA] |
| 23527 | Moral wickedness of an offence is always relevant to the degree of punishment [Hart,HLA] |
| 23528 | The value of liberty allows freedom of action, even if that distresses other people [Hart,HLA] |
| 23526 | Modern law still suppresses practices seen as immoral, and yet harmless [Hart,HLA] |
| 23530 | The great danger of democracy is that the oppression of the minority becomes unobjectionable [Hart,HLA] |