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www.iep.utm.edu/l/law-phil.htm
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Topics in legal philosophy tend to be more abstract than related topics in political philosophy and applied ethics. Legal Moralism; ii. Legal Paternalism; iii. The Offense Principle; b. The Obligation to Obey Law; c. The Justification of Punishment; 3. Critical Theories of Law; a. Legal Realism; b. Critical Legal Studies;
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www.utm.edu/research/iep/l/law-phil.htm
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Paternalism and Legal Moralism are linked in that each involves questions about the extent of individual liberty. Paternalism involves the state eroding individual liberty by behaving like a parent and forcing the citizen to behave in her best interest (seat belts, for example).
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www.paulsjusticepage.com/cjethics/2-limitsoflaw/harmpri...
www.paulsjusticepage.com/cjethics/2-limitsoflaw/harmprinciple.htm
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Legal moralism holds that it is permissible for the legal system to interfere with liberty simply to prevent immorality (even victimless immorality).
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people.cohums.ohio-state.edu/hubin1/ppp/Present/Legal%2...
people.cohums.ohio-state.edu/hubin1/ppp/Present/Legal%20Moralism.pps
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The first group would be arguments of Legal Paternalism, and the second group would be those of Legal Moralism. In any case, this 'threat to the family' argument is really a moral argument, and we should move on to the other heading, Legal Moralism.
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www.yawningbread.org/arch_1997/yax-047.htm
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Mar 18, 2009 Another important component of our social decision-making and a subspecies of paternalism is that of legal moralism. Legal moralism is the...
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everyday-ethics.org/2009/03/paternalism-and-legal-moral...
everyday-ethics.org/2009/03/paternalism-and-legal-moralism-how-liberal-are-we/
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According to "legal moralism" it is part of law's proper role to "enforce morality as such". I explore the idea that legal moralism runs afoul of morality...
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www.ncbi.nlm.nih.gov/pubmed/16220631
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But I also critique legal moralism from the special perspective of liberal political justice. Liberalism requires that citizens who disagree with one another on a number of morally significant matters nevertheless coexist and cooperate within a political framework of basic rights protections.
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www.ingentaconnect.com/content/bpl/japp/2005/00000022/0...
www.ingentaconnect.com/content/bpl/japp/2005/00000022/00000002/art00008
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This latter position, a kind of communitarianism often called legal moralism, had been defended by the English judge James Fitzjames Stephen in the 19th century and by the English judge Lord Patrick Devlin in 1965.1 They conceded that there would often be good practical reasons for not using the criminal law to...
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homepages.law.asu.edu/~jeffriem/legalmoralisma.htm
homepages.law.asu.edu/~jeffriem/legalmoralisma.htm
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