An Essay About Law, Freedom, and Morality. Some Chosen and Revised Considerations on Aspects of Enforcement of Morality by the Law

Gizbert-Studnicki, T. & Klinowski, M. (Eds.) Law, Liberty, Morality And Rights. Wolters Kluwer Polska – Oficyna, Warszawa, 2010

17 Pages Posted: 1 Feb 2016

See all articles by Dawid Bunikowski

Dawid Bunikowski

Ronin Institute for Independent Scholarship, Department of Philosophy; University of the Arctic; Cardiff University, Centre for Law and Religion; University of Eastern Finland, Law School

Date Written: January 31, 2013

Abstract

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 incoherent axiological system what causes some problems related 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, liberalisation of law, freedom

Suggested Citation

Bunikowski, Dawid, An Essay About Law, Freedom, and Morality. Some Chosen and Revised Considerations on Aspects of Enforcement of Morality by the Law (January 31, 2013). Gizbert-Studnicki, T. & Klinowski, M. (Eds.) Law, Liberty, Morality And Rights. Wolters Kluwer Polska – Oficyna, Warszawa, 2010, Available at SSRN: https://ssrn.com/abstract=2725396

Dawid Bunikowski (Contact Author)

Ronin Institute for Independent Scholarship, Department of Philosophy ( email )

127 Haddon Pl.
Montclair, NJ 07043-2314
United States

University of the Arctic ( email )

Rovaniemi, Lapland
Finland

Cardiff University, Centre for Law and Religion ( email )

PO Box 427
Cardiff, Wales CF10 3AX
United Kingdom

University of Eastern Finland, Law School ( email )

PO Box 111
Joensuu, 80100
Finland

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