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    LoyalLoyalJusticeJustice
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    Weak moralism must be endorsed if there are cases of harm... — Carmelics
    Home/Justice & Punishment
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    Weak moralism must be endorsed if there are cases of harmless wrongdoing where legal regulation is on-balance justified

    Justice & PunishmentRights & Liberty
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    1 reason for
    2 reasons against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Weak moralism is the view that harmless wrongdoing can be pro tanto and on-balance legally justified in at least some cases
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    • 2.Unsuccessful criminal attempts, fraud and blackmail that cause no harm, desecration of the dead, and bestiality are plausible candidates for regulation despite being harmless
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    • 3.If any such cases should be regulated, that regulation cannot be grounded in harm prevention alone
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    Reasons Against

    2 perspectives
    Reason against 1 of 2
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    • 1.Cases like fraud and blackmail are better analyzed as relational harms to dignity, trust, or social fabric rather than truly harmless wrongs.
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    • 2.Joel Feinberg's expanded harm principle, including setbacks to interests and dignitary harms, can account for these cases without invoking moralism.
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    • 3.If the purported 'harmless' cases dissolve under rigorous harm analysis, the empirical basis for weak moralism loses its most plausible examples.
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    Reason against 2 of 2
    ?
    • 1.Mill's Liberty Principle permits legal regulation grounded in offense to others, not merely harm, as Feinberg's offense principle demonstrates.
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    • 2.Bestiality and corpse desecration can be regulated under an offense principle without endorsing moralism, since third parties are genuinely affronted.
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    • 3.If offense-based justifications are sufficient for all candidate cases, the claim that moralism must be endorsed rests on a false dilemma.
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    Justice & PunishmentRights & Liberty

    Related

    Bestiality and corpse desecration can be regulated under an offense principle wi...Cases like fraud and blackmail are better analyzed as relational harms to dignit...If any such cases should be regulated, that regulation cannot be grounded in har...If offense-based justifications are sufficient for all candidate cases, the clai...
    +5 moreShow less
    If the purported 'harmless' cases dissolve under rigorous harm analysis, the emp...Joel Feinberg's expanded harm principle, including setbacks to interests and dig...Mill's Liberty Principle permits legal regulation grounded in offense to others,...Unsuccessful criminal attempts, fraud and blackmail that cause no harm, desecrat...Weak moralism is the view that harmless wrongdoing can be pro tanto and on-balan...

    Similar

    Weak moralism only holds that some harmless wrongdoing may be legally ...92%The legal moralist need not regulate all harmless wrongdoing87%Weak moralism is the view that harmless wrongdoing can be pro tanto an...86%Liberal claims that harmless immorality should not be regulated are no...82%

    Source

    AI-extracted1/3 agreementValid
    SEP: mill-moral-political
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    As we’ve just seen, liberal claims that harmless immorality should not be regulated are inconsistent with strong moralism, but not with weak moralism. It’s clear that Mill rejects strong moralism. What is less clear is whether he also rejects weak moralism. We must endorse weak moralism if we think that there are cases of harmless wrongdoing where legal regulation is not only pro tanto justified but also on-balance justified. Any list is potentially controversial, but many people would think tha
    Extraction notes

    Validity: Extracted via Max plan + API grounding/validity checks

    Details

    Type
    claim
    Perspectives
    3 (1 for, 2 against)
    Edits
    1 edit