Enforcement of Morality by the Law
Law, Liberty, Morality and Rights, ed. Tomasz Gizbert-Studnicki, Wolters Kluwer Polska – OFICYNA, Warsaw 2010
10 Pages Posted: 2 Feb 2016
Date Written: January 31, 2006
I want to analyse the phenomenon of so called “enforcement of morality by the law” in connection with the freedom value, changes in the law in socially and morally controversial cases, and conservative and liberal points of view of the law in the field. My hypothesis is that the law concerning socially and morally controversial cases is often a result of social compromise and it is a “power” of the law because of strong social legitimization of the law but, on the other hand, the law seems to be noncoherent axiological system what causes some problems relating to moral consistency of the legal system and its justification. The law liberalization in the field of morality, especially sexual morality, is still going on, although, as I maintain, the legal system may not be axiologically compatible. Let me add that the law is like a fight between perfectionist morality and absolute freedom.
Keywords: law, morality, enforcement of morality
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