Legal moralism
Encyclopedia
Legal moralism is the theory
of jurisprudence
which holds that laws may be used to prohibit or require behavior based on whether or not society
's collective moral judgment is that it is immoral or moral
. Legal moralism implies that it is permissible for the state to use its coercive power to enforce society's collective morality.
Theory
The English word theory was derived from a technical term in Ancient Greek philosophy. The word theoria, , meant "a looking at, viewing, beholding", and referring to contemplation or speculation, as opposed to action...
of jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
which holds that laws may be used to prohibit or require behavior based on whether or not society
Society
A society, or a human society, is a group of people related to each other through persistent relations, or a large social grouping sharing the same geographical or virtual territory, subject to the same political authority and dominant cultural expectations...
's collective moral judgment is that it is immoral or moral
Morality
Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...
. Legal moralism implies that it is permissible for the state to use its coercive power to enforce society's collective morality.
See also
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- Constitutional economicsConstitutional economicsConstitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of 'the economic analysis of constitutional law' in explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the...
- Rule according to higher lawRule according to higher lawThe rule according to a higher law means that no written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice...
Further reading
- Morality, Justice, and Judicial Moralism: An extensive discussion of the topic, including helpful tables.
- Philosophy of Law (Internet Encyclopedia of Philosophy): Entry includes a short section about Legal Moralism.
- "Liberty-Limiting" Principles: Essay by Dr. Francis R. Guth.