“Cannot legislate morality” – principled arguments?

What is legal is not always moral by Kant?

Sometimes if something is legal, it is not always moral, in fact, there are many things in which this is true. For example, if someone wants an abortion, they have a right to because it is legal. However, this doesn’t mean it is the right or moral thing to do.

What is morally right but ethically wrong?

What is morally right but ethically wrong? Persecution on religious grounds is one of the most common examples of something that is morally right (or at least morally excusable) but ethically wrong.

What is the difference between legal right and moral right by Kant?

Human rights and moral rights are both natural rights; they are universal rights and are not given by governments, so they exist even if there is no government. On the other hand, legal rights are rights given by the law of a state; privileges given by the state/governments to its citizens.

What is the basis of right and wrong?

Ethics are the standard of what is right and wrong, and they are based on our values. Being ethical requires making a moral judgment, and that’s not always easy.

Are all morals always legal?

The basic distinction between the legal and moral is easy enough to identify. Most people agree that what is legal is not necessarily moral and what is immoral should not necessarily be illegal. Slavery in the U.S. is commonly used as an example.

What is Kant’s moral law?

In Moral Law, Kant argues that a human action is only morally good if it is done from a sense of duty, and that a duty is a formal principle based not on self-interest or from a consideration of what results might follow.

What does Kant think is the fundamental principle of morality?

According to Kant, the fundamental principle of morality must be a categorical, rather than a hypothetical imperative, because an imperative based on reason alone is one that is a necessary truth, is a priori, and is one that applies to us because we are rational beings capable of fulfilling our moral obligations.

Should law be based on morality?

Law, by its nature, is an institution with a moral task to perform. Law, by its nature, is a morally valuable institution. The first, claiming no more than that the law can be used for moral ends, seems unexceptional. Just about anything can be used for moral ends.

Should law and morality be separated?

On the one hand, legal positivism suggests that the boundary between law and morality is strict and exclusive. That is, the question of what the law is and the question of what it ought to be are completely separable. Judges, therefore, cannot employ their own moral judgments to determine what the law is.

Can law and morality exist together?

Law and morality are intimately related to each other. Laws are generally based on the moral principles of society. Both regulate the conduct of the individual in society. They influence each other to a great extent.

What’s the relationship between law and morality?

The law is a tool for efficiently enforcing moral values. Morality is an internal concept, while the law is external; if someone does not follow morality in his actions, there will be no consequences; but, if someone disobeys the law, there will be consequences.