The Research On Legal Moralism In Moral Dispute Cases | | Posted on:2023-06-22 | Degree:Master | Type:Thesis | | Country:China | Candidate:J H Liu | Full Text:PDF | | GTID:2556306848997109 | Subject:Legal theory | | Abstract/Summary: | PDF Full Text Request | | Legal moralism is a important theory when research on the theme of law and morals,it maintain the State has the right of judge when deal with moral issues,it can help the civics to accomplish a valuable life by the enforcement of law.The traditional legal moralism was criticized by liberals,who emphasize the protection of individual freedom and the governmental neutrality.Liberals advocates the offense principle and harm principle on the theories of punishment.Legal moralism has been developed by James Stephen,Devlin,Joel Feinberg,Robert P.George and other scholars,now it has become an amendatory New Legal moralism which based on the perfectionism.These are also many new development in the area of the theories of punishment.Legal moralism overcome the difficulties on the puzzling cases of failure to prevent harm and the harmless wrongdoing,explain the internal relation between Legal moralism and the wrongdoing action in the area of Offensive principle.So legal moralism can become a important principle when analyze and deal with the significant moral dispute cases.This principle pay attention to both the civics morality and the rule of law,rational using this principle is a significant part of analyzing law and moral problems. | | Keywords/Search Tags: | Legal moralism, Common good, Harm principle, Offensive principle, Moral pluralism | PDF Full Text Request | Related items |
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