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Single Idea 23526

[filed under theme 25. Social Practice / D. Justice / 2. The Law / a. Legal system ]

Full Idea

English and American law still [in1963] contain rules which suppress practices condemned as immoral by positive morality though they involve nothing that would be ordinarily thought of as harm to other persons.

Clarification

'positive' morality is the general current consensus

Gist of Idea

Modern law still suppresses practices seen as immoral, and yet harmless

Source

H.L.A. Hart (Law,Liberty and Morality [1963], II 'Use')

Book Ref

Hart,H.L.A.: 'Law,Liberty and Morality' [OUP 1968], p.25

A Reaction

He says most of the examples of this concern sexual practices. In the UK we have moved away from such laws, but many states of the USA still maintain them (or are reintroducing them, in 2023).

The 17 ideas with the same theme [the system used by a government to enforce laws]:

6326 The better known the law, the more criminals there are [Laozi (Lao Tzu)]
347 Will I stand up against the law, simply because I have been unjustly judged? [Socrates]
2806 Man is the worst of all animals when divorced from law and justice [Aristotle]
2816 If it is easy to change the laws, that makes them weaker [Aristotle]
22556 Laws that match people's habits are more effective than mere written rules [Aristotle]
19881 The aim of law is not restraint, but to make freedom possible [Locke]
19819 The state ensures liberty, so civil law separates citizens, and binds them to the state [Rousseau]
14847 Laws that are well thought out, or laws that are easy to understand? [Nietzsche]
20932 Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J]
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]
23525 Is the enforcement of morality morally justifiable? [Hart,HLA]
23526 Modern law still suppresses practices seen as immoral, and yet harmless [Hart,HLA]
23259 There should be separate legislative, executive and judicial institutions [Grayling]
20612 If being subject to the law resembles a promise, we are morally obliged to obey it [Tuckness/Wolf]
20611 If others must obey laws that we like, we must obey laws that they like? [Tuckness/Wolf]