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Single Idea 23529

[filed under theme 22. Metaethics / C. The Good / 1. Goodness / g. Consequentialism ]

Full Idea

We must not view conduct in isolation from its effect on the moral code.

Gist of Idea

Conduct is not isolated from its effect on the moral code

Source

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

Book Ref

Hart,H.L.A.: 'Law,Liberty and Morality' [OUP 1968], p.48


A Reaction

The moral code may be excessively conservative, but there is no denying this point. Extreme individualistic libertarians must recognise that 'no man is an island'.


The 13 ideas from H.L.A. Hart

Positive law needs secondary 'rules of recognition' for their correct application [Hart,HLA, by Zimmermann,J]
Hart (against Bentham) says human rights are what motivate legal rights [Hart,HLA, by Sen]
Hart replaced positivism with the democratic requirement of the people's acceptance [Hart,HLA, by Zimmermann,J]
The principle of legality requires crimes to be precisely defined in advance of any action [Hart,HLA]
Some private moral issues are no concern of the law [Hart,HLA]
Do morals influence law? Is morality an aspect of law? Can law be morally criticised? [Hart,HLA]
In an organised society all actions have some effect on other people [Hart,HLA]
Is the enforcement of morality morally justifiable? [Hart,HLA]
Conduct is not isolated from its effect on the moral code [Hart,HLA]
Moral wickedness of an offence is always relevant to the degree of punishment [Hart,HLA]
The value of liberty allows freedom of action, even if that distresses other people [Hart,HLA]
Modern law still suppresses practices seen as immoral, and yet harmless [Hart,HLA]
The great danger of democracy is that the oppression of the minority becomes unobjectionable [Hart,HLA]