Single Idea 23526

[catalogued under 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 Reference

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).