Legal Definitions - legal moralism

Legal moralism is a legal philosophy that suggests a society's laws can and should be used to enforce its shared moral standards, even if the conduct in question doesn't directly cause harm to others. It posits that the government has a legitimate interest in prohibiting actions simply because they are widely considered immoral by the community.

Here are some examples to illustrate legal moralism:

• Laws Prohibiting Public Nudity: Imagine a city ordinance that makes it illegal to be nude in public, even in a secluded area where there are no children present and no one is directly offended or harmed. The primary justification for such a law often isn't to prevent physical injury or property damage, but rather to uphold a community's moral standard regarding public decency. The law enforces the belief that public nudity is inherently immoral or inappropriate, regardless of direct harm.

• Historical Laws Against Consensual Same-Sex Relations: For centuries, many legal systems criminalized consensual sexual acts between adults of the same sex. These prohibitions were frequently justified not by demonstrating direct harm to others, but by prevailing moral and religious beliefs that deemed such acts inherently immoral. The legal system was employed to prohibit conduct based purely on these moral judgments, reflecting a strong application of legal moralism.

• Bans on Certain Forms of Gambling: Consider a jurisdiction that maintains a complete ban on all forms of casino gambling, despite arguments that adults should be free to make their own choices and that regulated gambling could generate tax revenue. While concerns about addiction and financial ruin are often cited, a significant underlying justification for such a ban can stem from a moral conviction that gambling is inherently wrong or a "vice" that the state should discourage or prohibit, regardless of direct harm to non-participants. This reflects the use of law to enforce a moral stance against the activity itself.