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11 - Ethics in Law and Order Notes I Immanual Kant a No...

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Ethics in Law and Order Notes 2/22/11 I. Immanual Kant a. No connection between rightness and goodness II. Mill a. Goodness is the foundation for the judgment of rightness b. Nothing is intrinsically right, nothing is intrinsically wrong c. If we are going to be using the mechanisms of law to limit liberty, we would only be acting justifiably if we are preventing wrong to others Harm Principle i. If someone is made a victim d. Parents i. Prevent harm 1. “its for your own good” 2. “this will benefit you” III. Stephen a. Victimless crimes are possible i. Things that are so wicked and vile that government would be justified in persecuting the person who did that act ii. “I can’t define obscenity but I know it when I see it” IV.Wolfenden committee a. Examining whether certain things should still be illegal i. Sodemy and prostitution 1. What happens behind closed doors is private and not under the jurisdiction of the law there is a realm of private morality and immorality a. The law has no business messing with that 2. Prostitution happening on the street stays illegal, it is in public.
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