Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation

Alexander, Lawrence

Abstract

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Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation

Larry Alexander

University of San Diego School of Law

August 12, 2010

Legal Theory, Vol. 16, 2010
San Diego Legal Studies Paper No. 10-028

Abstract:
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, K39

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Date posted: August 12, 2010

Suggested Citation

Alexander, Larry, Plastic Trees and Gladiators: Liberalism and Aesthetic Regulation (August 12, 2010). Legal Theory, Vol. 16, 2010; San Diego Legal Studies Paper No. 10-028. Available at SSRN: http://ssrn.com/abstract=1658098

Contact Information

Lawrence Alexander (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States
619-260-2317 (Phone)
619-260-4728 (Fax)