Legal Moralism - in and of itself then legal moralism would...

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Legal Moralism Legal Moralism Ronda L. Brewer ADJ/235 June 3, 2011 George DeAngelis
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Legal Moralism “Legal moralism is the view that the law can legitimately be used to prohibit behaviors that conflict with society’s collective moral judgments even when those behaviors do not result in physical or psychological harm to others.” - Kenneth Einar Himma The pros of such a view would be: It would enforce a certain amount of conformity in society. A certain amount of conformity in society is a good thing because it allows people to base their expectations on something. It is democratic. In order for there to be a collective moral judgment it has to be in some sense based on majority rule. To the extent that you believe that majority rule or democracy is a good
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Unformatted text preview: in and of itself then legal moralism would be a good thing. The cons of such a view would be: It would suppress minority views. Obviously if you do not agree with the collective moral judgment, your minority view would be subject to suppression and possible penalty. The collective moral judgment may not be based on fact. Sometimes societies can devolve into a sort of mass hysteria based on false information or incomplete knowledge. This could be a problem if laws are based on something other than facts. Ultimately, I personally believe that if people just acted more morally there would not be the need for laws to force people into morality. Refrances: Retrieved on September 2, 2010 from: http://www.iep.utm.edu/law-phil/#SSH2a.i...
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This note was uploaded on 07/02/2011 for the course ADJ 235 taught by Professor Bill during the Spring '10 term at University of Phoenix.

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Legal Moralism - in and of itself then legal moralism would...

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