Law, liberty and morality

Abstract

This work is concerned with the legal enforcement of morality. The author argues that any conduct prohibited by a society’s morality can be regarded as “morally” harming the agent, but that such a view leads to absurdities, as there is no way to objectively measure moral harm. Furthermore, it is not clear that a man who deviates from any accepted moral code, which is what Lord Devlin means by morality, is thereby “morally” harming themselves. The author also critiques Stephen’s position that the preservation of morality is necessary for the existence of society, arguing that it ignores the fact that a society’s morality is not static and can change over time. Finally, the author discusses the idea that the use of punishment as a means of expressing moral condemnation is of questionable value. – AI-generated abstract