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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).
| 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] |