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Legal Theory

Columbia Law School

John Stuart Mill

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Legal Enforcement Of Morality, Kent Greenawalt Jan 1995

Legal Enforcement Of Morality, Kent Greenawalt

Faculty Scholarship

In modern Western political and legal thought, the subject of legal enforcement of morality is narrower than the literal coverage of those terms. That is because much legal enforcement of morality is uncontroversial and rarely discussed. Disagreement arises only when the law enforces aspects of morality that do not involve protecting others from fairly direct harms. More precisely, people raise questions about legal requirements (1) to perform acts that benefit others, (2) to refrain from acts that cause indirect harms to others, (3) to refrain from acts that cause harm to themselves, ( 4) to refrain from acts that offend …