A discussion of morality laws, contending that they lead to intolerance and discrimination.
Written in 2005; 1,604 words; 8 sources; MLA; $ 52.95
Paper Summary:
This paper examines the impact of morality laws on society, arguing that these laws are employed for the purposes of oppression and substantially contribute to intolerance and discrimination. The paper contends that not all members of a society follow the same religion, culture, or moral standards, whereby the interference of the law in such acts as sex between consenting adults is interference in individual freedom that would lead to injustice, intolerance, and discrimination, as occurs in Egypt towards homosexuals.
From the Paper:
"The word morality generally refers to a system of behaviour which does not permit actions and behaviours that are harmful to others. Some thinkers like Lord Patrick Devlin, however, object to such general definitions of morality and attempt to apply much more specific definitions. This group wants morality to be defined according to the principles of specific cultures and religions and for that definition to be supported by law. As Lord Devlin writes, "morals and religion are inextricably linked" and the law is the only method possible of protecting those moral and religious principles. This argument supports the creation of morality laws. Under such a system, Lord Devlin argues, the laws will represent the moral principles of the society. Therefore, the laws of a Christian society will criminalize, for example, homosexuality and sex outside marriage, even if it takes place between consenting adults because Christianity has defined these actions as immoral. Lord Devlin's view and argument is very controversial because it goes against both the liberty that a society should enjoy and individual freedom. As the Professor of Jurisprudence, H.L.A. Hart wrote in his response to Devlin, this means "that the function of human law should not be merely to provide men with an opportunity for leading a good life, but actually to see that they lead it" (189). Although Devlin offered a good argument for the establishment of laws that reflect the morals of a society, or morality laws, and argued that doing so is important for the protection of the society's moral code, Hart was correct in objecting to this. Not all members of a society follow the same religion, culture or moral standards whereby the interference of the law in such acts as sex between consenting adults, is interference in individual freedom that would lead to injustice, intolerance and discrimination, like occurs in Egypt towards homosexuals."
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