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The Legal Enforcement of Morality

In R. G. Frey & Christopher Heath Wellman (eds.), A Companion to Applied Ethics. Malden, MA: Wiley-Blackwell. pp. 128–141 (2003)

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  1. Legal Moralism, Interests and Preferences: Alexander on Aesthetic Regulation.Jonathan Peterson - 2015 - Philosophia 43 (2):485-498.
    Legal moralists hold that the immorality of an action is a sufficient reason for the state to prevent it. Liberals in the tradition of Mill generally reject legal moralism. However, Larry Alexander has recently developed an argument that suggests that a class of legal restrictions on freedom that most liberals endorse is, and perhaps can only be, justified on moralistic grounds. According to Alexander, environmental restrictions designed to preserve nature or beauty are forms of legal moralism. In this paper, I (...)
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  • New Legal Moralism: Some Strengths and Challenges.Thomas Søbirk Petersen - 2010 - Criminal Law and Philosophy 4 (2):215-232.
    The aim of this paper is to critically discuss the plausibility of legal moralism with an emphasis on some central and recent versions. First, this paper puts forward and defends the thesis that recently developed varieties of legal moralism promoted by Robert P. George, John Kekes and Michael Moore are more plausible than Lord Devlin's traditional account. The main argument for this thesis is that in its more modern versions legal moralism is immune to some of the forceful challenges made (...)
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  • What is freedom of association, and what is its denial?Larry Alexander - 2008 - Social Philosophy and Policy 25 (2):1-21.
    Freedom of association, as I understand it, refers to the liberty a person possesses to enter into relationships with others—for any and all purposes, for a momentary or long-term duration, by contract, consent, or acquiescence. It likewise refers to the liberty to refuse to enter into such relationships or to terminate them when not otherwise compelled by one's voluntary assumption of an obligation to maintain the relationship. Freedom of association thus is a quite capacious liberty.
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  • Genetic Discrimination and Health Insurance.Kasper Lippert-Rasmussen - 2015 - Res Publica 21 (2):185-199.
    According to US law, insurance companies can lawfully differentiate individual health insurance premiums on the basis of non-genetic medical information, but not on the basis of genetic information. The article reviews the case for such genetic exceptionalism. First, I critically assess some standard justifications. Next, I scrutinize an argument appealing to the view that genetically based premium differentiation expresses that persons do not all merit equal concern and respect. In the final section, I argue that even if genetic exceptionalism is (...)
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  • The Order and Chaos in Human Relationships: Objective Grounds and the Ways of Harmonization.V. M. Shapoval & I. V. Tolstov - 2024 - Anthropological Measurements of Philosophical Research 25:68-76.
    _Purpose._ This article aims to provide a philosophical analysis of disharmonious relations between people in society, to reveal the causes of existing conflicts and to find ways to reduce the manifestations of chaos in human relations._ Theoretical basis _of the article is socio-cultural anthropology, the principles of the unity of the historical and logical, the ascent from the abstract to the concrete, the unity of analysis and synthesis. To solve the tasks set, authors also used the principles of objectivity, systematicity, (...)
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