Original scientific paper

IMPLEMENTATION OF MORALITY BY LAW

Elvio Baccarini orcid.org/0000-0002-6771-9859 ; Department of Philosophy, Faculty of Arts and Sciences, University of Rijeka, Rijeka, Croatia

Abstract

The debate on this topic began in the 1950s in the texts by Patrick
Devlin. Devlin argued that for the sake of its stability the community
has the right to impose moral standards by means of law in relation to
those actions that breed intolerance, anger and disgust. Devlin’s arguments are challenged on several grounds. First, Hart’s argument is accepted, that there is no direct connection between such moral attitudes and the stability of a community. Second, Devlin’s foundations of morality are rejected. And finally, an alternative model of the stability
of community is taken over from Rawls’ social contract theory.

Keywords

Devlin; Hart; enforcement of morality; Rawls; community stability

Hrčak ID:

20436

URI

https://hrcak.srce.hr/20436

Publication date:

2.2.2007.

Article data in other languages: croatian

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