Abstract
Hart argues persuasively that majority disapproval cannot justify the government in prohibiting a form of sexual conduct, but he does not address the possibility that the intrinsic badness of a sex act might justify the government in prohibiting it. This article explains within a contractualist framework why the intrinsic badness of a sex act cannot justify the restriction of any important sexual freedom.
Original language | English (US) |
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Pages (from-to) | 495-512 |
Number of pages | 18 |
Journal | Criminal Law and Philosophy |
Volume | 7 |
Issue number | 3 |
DOIs | |
State | Published - Oct 2013 |
Keywords
- Contractualism
- Dworkin
- Hart
- Law, Liberty, and Morality
- Scanlon
- Sexual freedom
ASJC Scopus subject areas
- Philosophy
- Law