The Pros And Cons Of Legal Moralism

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Brink says that then we can clear Mill of the charge of inconsistency about legal moralism. Since, Mill seems pretty consistent with his rejection towards legal moralism. This seems to bring up the debate between Mill and Stephen. Stephen is the author of Liberty, Equality, and Fraternity: in which he talks about his defense of the uses of criminal law to promote virtue and curb vice. Mill is the one who provokes Stephen’s criticism, rendering that Mill is an anti-moralist. A century later, Lord Devlin revived Mill and Stephen’s arguments in which Devlin’s defense of legal regulation of homosexuality, prostitution, and pornography, and liberal criticisms. It can be tempting to reject legal moralism of Stephen and Devlin because of Mill’s anti-moralism, but temptation can be resisted. The concept of morality is that it’s connected with harm prevention and the “central provisions of the criminal law prohibiting killing, …show more content…

Legal moralism is a theory of jurisprudence and philosophy of law which holds that laws may be used to prohibit or require behavior based on society’s judgment as a whole, whether or nor if it’s moral. In order to understand legal moralism, one has to understand the harm principle. The harm principle is
“The sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self protection. That the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others”(Culver 258).
Meaning that a state or an individual can limit another person’s liberty in an effort to protect the person from self-harm, since it justifies the restricting of liberty to engage in actions that threaten imminent harm to others. As utilitarianism, Mill tries to find the best possible outcome for the greatest number of

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