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Mill 's Progressive Principles By David Brink Essay

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In the book Mill’s Progressive Principles by David Brink, there’s a section of legal moralism, section 58. In which it talks about how Mill rejects legal moralism and a small portion of his debate with Lord Devlin. I this paper I shall agree with Mill that we should reject legal moralism. I will start with the summary of legal moralism, then I will continue with a small concept of the Devlin and Mill debate about legal moralism. Then I will move onto my critique, in which I will agree with Mill, that we should reject legal moralism. I will start with simple definition in order to understand the concept, then I will move on to the pros of legal moralism according to Devlin, then I will end with why we should reject legal moralism. Summary: Legal moralism is “the view that immorality as such can be permissibly criminalized; the view that the state may punish conduct merely on the grounds that it is immoral” (Swan). The section of legal moralism starts off with Feinberg and his rejection of legal moralism. Then Mill rejects legal moralism categorically. Mill brings up the “blue laws” which include, work on the Sabbath, prohibition on Mormon polygamy, temperance legislation, laws forbidding gambling and prostitution. In the book, Brink says if Mill wants to deny legal moralism, then Mill is committed by the sanction theory of duty towards legal moralism. Chapter 5 of Utilitarianism has some ideas of sanctions: “penal sanction, is the essence of law, enters not only into the

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