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It is not the case that Liberal claims that harmless immorality should not be regulated are not inconsistent with weak moralism
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Reasons For
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Reason for 1 of 2
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1.
Feinberg's liberal position holds that legal moralism is an independently illegitimate liberty-limiting principle, not merely one that loses in balancing tests.
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2.
Weak moralism's claim that harmless immorality 'may be regulated on balance' presupposes that moral wrongdoing carries positive justificatory weight, which Feinbergian liberals categorically deny.
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3.
Therefore the two positions are not merely in tension but rest on mutually exclusive accounts of which considerations count as legitimate grounds for coercion.
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Reason for 2 of 2
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1.
Mill's harm principle is not a mere balancing consideration but a side-constraint that categorically excludes paternalistic or moralistic justifications for coercion.
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2.
If liberalism entails the harm principle as a side-constraint, then weak moralism's permission to regulate harmless wrongdoing 'on balance' directly contradicts the liberal position.
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Reasons Against
1 perspective
Reason against
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1.
Weak moralism only holds that some harmless wrongdoing may be legally regulated on balance
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2.
Liberal claims do not rule out the possibility that some harmless immorality is regulable on balance
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