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Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
Ethics (also known as moral philosophy) is the branch of philosophy which addresses questions of morality. The word "ethics" is "commonly used interchangeably with 'morality' ... and sometimes it is used more narrowly to mean the moral principles of a particular tradition, group, or individual."
In a review of The Morality of Law, Hart criticises Fuller's work, saying that these principles are merely ones of means-ends efficiency; it is inappropriate, he says, to call them a morality. [10] Employing Fuller's eight principles of legality, one could just as well have an inner morality of poisoning as an inner morality of law, which Hart ...
It states that an action can only be moral if it is motivated by a sense of duty, and its maxim may be rationally willed a universal, objective law. Central to Kant's theory of the moral law is the categorical imperative. Kant formulated the categorical imperative in various ways.
In law, there is a known exception to the assumption that moral culpability lies in either individual character or freely willed acts. The insanity defense – or its corollary, diminished responsibility (a sort of appeal to the fallacy of the single cause) – can be used to argue that the guilty deed was not the product of a guilty mind. [17]
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that ...
At the opposite extreme a theocracy may equate public morality with religious instruction, and give both the equal force of law. Public morality often means regulation of sexual matters, including prostitution and homosexuality, but also matters of dress and nudity, pornography, acceptability in social terms of cohabitation before marriage, and ...
The Moral Constitution is a means of understanding the U.S. Constitution which emphasizes a fusion of moral philosophy and constitutional law.The most prominent proponent is Ronald Dworkin, who advances the view in Law's Empire and Freedom's Law: The Moral Reading of the American Constitution.