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Full Idea
Recognition of individual liberty as a value involves, as a minimum, acceptance of the principle that the individual may do what he wants, even if others are distressed when the learn what it is that he does.
Gist of Idea
The value of liberty allows freedom of action, even if that distresses other people
Source
H.L.A. Hart (Law,Liberty and Morality [1963], II 'Private')
Book Ref
Hart,H.L.A.: 'Law,Liberty and Morality' [OUP 1968], p.47
A Reaction
He notes that there could be other reasons to block the freedom, such as harm done. This idea seems to identify a key component of liberalism - that we must all tolerate actions which we dislike.
| 20932 | Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J] |
| 21004 | Hart (against Bentham) says human rights are what motivate legal rights [Hart,HLA, by Sen] |
| 20931 | Hart replaced positivism with the democratic requirement of the people's acceptance [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] |
| 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] |