Liberty is the true path to morality - Essay Example

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Liberty is the true path to morality

Practice has shown that personal morality laws are general ineffective and can have very unpleasant sequels.  “The war on drugs has led to higher crime, broken families, increased poverty, the clogging of the court system, the funding of international terrorism and higher taxes.  Furthermore, the laws against prostitution have led to an increase in the abuse of women and the spread of deadly sexually transmitted diseases” (Milsted 2005).   Lord Devlin in an essay entitled, Introduction to Law and Morality, is quoted as saying that a society requires a public morality.  “A society is created by a sort of community of ideas, not only political ideas but ideas about the way the members of the society should behave and govern their lives” (2001).  The institution of marriage was used as an example of this, in that a society has to choose whether they will govern themselves by the rules of monogamy or polygamy, as the society can not have both.  Lord Devlin takes this example even further by stating that the institution of marriage would be damaged by morally accepting adultery, but that this is not a crime and should not be, yet the public and government should be compelled to protect itself and its valued institutions, such as marriage.  A look at paternalism allows for a greater analysis of the role that morality should have within the legal system.  Paternalism is the institution of laws that are meant to keep individuals from harming themselves, i.e., the use of drugs, gun laws, euthanasia, etc.  ...Show more

Summary

In the paper “Liberty is the true path to morality” the author analyzes today’s legal system, which is based on moral values from both the countries past and present environment. Law and morality are closely connected and intersect in many spheres of public concern.

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