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Comment on Holmes' proposal to the issue of legislating morality?

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kc76384 | (Level 1) Valedictorian

Posted August 5, 2012 at 1:01 PM via web

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Comment on Holmes' proposal to the issue of legislating morality?

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dftbap | College Teacher | (Level 1) Associate Educator

Posted August 5, 2012 at 11:58 PM (Answer #1)

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It might seem as though things would be easier if moral questions were black or white, but there is much gray area when one begins to question an individual's freedom. This is fundamental according to our American forefathers.

Many moral questions are subjective, such as those dealing with abortion, killing in self- defense, state of mind when the criminal act occurred,etc. 

Can a severely, mentally ill individual be held accountable for their acts of violence when they have not been properly medicated or properly served by the health system?

“... most renowned work of legal philosophy in U.S. history. It allowed Holmes systematically to analyze, classify, and explain various aspects of U.S. Common Law, ranging from torts to contracts to crime and punishment”

If committing immoral acts is what makes an individual immoral, then these have to be understood in terms of gray areas also. For example, an elderly gentleman has been smoking  in a café with his cup of coffee in the morning for 40 years.  The state government creates a law, in eating establishments, which bans smoking, with harsh penalties for breaking this law. The next morning when the elderly gentlemen lights his cigarette, he is now a criminal waiting for punishment of his crime.  The gentleman did not change, the law did.

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