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12/04/2020

Last week we started a subject that talks about legal morality, this week we look further to discuss about the relationship between morality and legality.

People have different values and when they discuss those values together they establish codes of behavior, either implicit or explicit ones. These are called norms.

Morality is a set of norms that a culture maintains as important for individuals to follow.
In a state, legality is determined by the rulers of society, the ones who decide law. The legitimacy of law depends on the process of legislation. Law may be legitimate for some and not others. Some would argue that power legitimizes itself. Those who are oppressed by power tend to disagree.

When law is determined in a legitimate way, it may emerge as a codification of societal norms. This is complicated by the fact that laws need to be enforced and the enforcement mechanism is often at odds with the moral or normative principles behind the law.

A better account of the relationship between legality and morality is that rather than having law be the codification of the morality of the ruled, it is a codification of the morality of the rulers. In other words, law is at best the legitimate consensus of the morality of the rulers of society in so far as they can govern each other. Democratic law, as the law of citizens applied to each other, is special in this regard (it's relationship with morality.)

A challenge in democratic society is that very rarely does the legislative process actually reflect legitimate normative consensus. This is partly because there are a lot of things--like the power of money to control conversation and access to the legislative process--that interfere with the conditions of legitimacy.

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What is the difference between law and morality?

What is the relationship between ethics, morality and law?

Does morality always trump legality?
We continue on this subject by next week, before I drop my pen....
Morality is very subjective....like beauty, moral appropriateness lies in the eyes of the beholder. It is very personal and largely informed by a host of socio-cultural stimuli. Morals need not be written in stone. With experiences and changed perspectives, the sense of morality can greatly change. More than anything else, morality is largely unenforceable....
Stay safe and remain blessed

Rhema Chamber.

07/04/2020

Legal moralism is the belief that acts may be criminalized on the basis of their immorality. Examples of legal moralism can be found in anti-gambling, anti-prostitution, and anti-bigotry laws.

I really appreciate all my friends on this page, most especially you in particular that accepted my invite request. We will have a good time together and trust me, you will never regret that we are hanging out together on this page.

I will be updating my status on a weekly basis as I'm led. On this special occasion, let us look at the issue of morality as it is from the legal perspectives, I have taken time to do research and justice on the subject critically from legal approach.

Legal moralism is the belief that acts may be criminalized on the basis of their immorality. Examples of legal moralism can be found in anti-gambling, anti-prostitution, and anti-bigotry laws as I earlier stated in the beginning of this post.
Definition of Legal Moralism
In 2003, the U.S. Supreme Court overturned the anti-Sodomy laws in 13 States in the landmark Lawrence v. Texas case. In arguments before the court, the State of Texas argued that it's laws were justified because they were against immoral behavior and that this justified making actions like so**my illegal. This view of law is referred to as legal moralism, a theory of law that permits the criminalization of immoral actions. As we move forward in this lesson, we will learn about what legal moralism is and take a look at a few examples of legal moralism to clarify how it works

Now, you may be saying to yourself, aren't criminal actions ones that are immoral, like theft or murder? It is true that actions like stealing or killing are immoral, but they are not necessarily illegal because they are immoral, they are illegal because they clearly cause harm to others. The idea that what causes harm should be illegal was formulated by John Stuart Mill, and actions that cause harm are criminalized on the basis of protecting the rights of others. According to the Harm Principle any action that causes harm to others, whether immoral or not, can be criminalized. This is why immoral actions, like murder or theft, are criminalized as well as acts that arise due to unintentional or negligent harm.

Legal moralism goes beyond the Harm Principle and argues that the law is supposed to promote morality and that the immorality of an action is a reason to make it illegal. Legal moralism is best articulated in Plato's Republic where Socrates argues that the job of the state is to create and enforce laws to foster moral citizens. Even if an action only harms the person engaged in the activity, or occurs with the consent of others, the fact that society deems the practice immoral can be reason enough to make it illegal. Legal moralism does not mean that every immoral action should be criminal, only that the immorality of an action is a reason to consider making it illegal.

Examples of Legal Moralism
Gambling is an activity that is frowned upon morally, but usually only harms the gambler. Since the action does not produce a victim other than the individual who is gambling, it is not justified to criminalize the behavior based on the Harm Principle. Legal moralism provides grounds for banning the practice as it is considered immoral and does not promote responsible and upstanding behavior.

We will continue from here by next week. Thank you for taken time to read to the end and God bless you, do have a wonderful time, till we meet again.
Rhema Chamber.

15/02/2020

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