The Enforcement of Morals Revisited

Criminal Law and Philosophy 7 (3):435-454 (2013)
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Abstract

Against Patrick Devlin, H. L. A. Hart rejects the enforcement of morals as such. Hart defends an expanded version of John Stuart Mill’s harm principle, but this expanded version is no more defensible than Mill’s original claim. Hart’s discussion fails to clarify what is really at stake in controversies regarding the moral acceptability of criminal prohibition of such activities as suicide and assisted suicide, recreational drug use, prostitution, and so on. Regarding the enforcement of morals as such, we should acknowledge that the jury is still out

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Richard J. Arneson
University of California, San Diego

Citations of this work

Standing and the sources of liberalism.Niko Kolodny - 2018 - Politics, Philosophy and Economics 17 (2):169-191.
Actions, Agents, and Consequences.Re’em Segev - 2023 - Criminal Justice Ethics 42 (2):99-132.
The Structure of Criminal Law.Re’em Segev - forthcoming - Criminal Law and Philosophy:1-21.
Defining Legal Moralism.Jens Damgaard Thaysen - 2015 - SATS 16 (2):179-201.

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References found in this work

Equality or Priority?Derek Parfit - 2002 - In Matthew Clayton & Andrew Williams (eds.), The Ideal of Equality. New York: Palgrave Macmillan. pp. 81-125.

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