Legal moralism and polygamy
Summary :
Table of Contents
- Introduction
- The practice of Polygamy
- Polygamy in legal terms
- The role of morals in the law
- Devlin's argument of Polygamy
- Conclusion
- Reference list
Abstract
polygamy - the practice of being married to more than one person - is illegal in Canada, though it is rarely prosecuted. This law seems to be based on out society's unreflective common morals, rather than on rational arguments about the harm it does. The following will examine whether polygamy should be illegal, and in doing so, the moral theories of Patrick Devlin and Ronald Dworkin will be consulted. From this it will be argued that polygamy should be legalized as it falls within the sphere of toleration as it would not cause society to disintegrate.
polygamy is a contentious issue in our society, as it is something that seems to go against our ideas of morality, but perhaps we are not entirely sure why, and it does not really cause any harm, and the people that tae part in it do so voluntarily (in theory anyway).
According to Devlin (1965: 12-13):
I think, therefore, that it is not possible to set theoretical limits to the power of the State to legislate against immorality. It is not possible to settle in advance exceptions to the general rule or to define inflexibly areas of morality into which the law is in no circumstances to be allowed to enter.
polygamy is a contentious issue in our society, as it is something that seems to go against our ideas of morality, but perhaps we are not entirely sure why, and it does not really cause any harm, and the people that tae part in it do so voluntarily (in theory anyway).
According to Devlin (1965: 12-13):
I think, therefore, that it is not possible to set theoretical limits to the power of the State to legislate against immorality. It is not possible to settle in advance exceptions to the general rule or to define inflexibly areas of morality into which the law is in no circumstances to be allowed to enter.
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