Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation
University of San Diego School of Law
August 12, 2010
Legal Theory, Vol. 16, 2010
San Diego Legal Studies Paper No. 10-028
The hallmark of modern liberalism is its embrace of the Millian Harm Principle and its antipathy to legal moralism. In this article I consider whether aesthetic regulations can be justified under the Harm Principle as that principle has been elaborated by Joel Feinberg. I conclude that aesthetic and other regulations that most liberals regard as unproblematic are actually instances of legal moralism.
Number of Pages in PDF File: 21
Keywords: liberalism, harm, offense, moralism, aesthetic
JEL Classification: K10, K39Accepted Paper Series
Date posted: August 12, 2010
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